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NINETEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, January 28, 2000
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Long, McCaslin, McDonald, Sellar and Sheahan. On motion of Senator Deccio, Senators McCaslin and McDonald were excused. On motion of Senator Honeyford, Senators Finkbeiner, Long and Sheahan were excused.
The Sergeant at Arms Color Guard, consisting of Pages Megan Brown and Justin Camarata, presented the Colors. Reverend Mark Kelley, associate pastor of the Brush Prairie Baptist Church in Vancouver, and a guest of Senator Joseph Zarelli, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 26, 2000
SB 5033 Prime Sponsor, Senator Winsley: Separating from public employees' retirement system plan 1. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
January 26, 2000
SSB 5453 Prime Sponsor, Senate Committee on Transportation: Enhancing regional transportation planning. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 5571 Prime Sponsor, Senator Gardner: Compensating the state patrol for costs of recovering penalties for commercial vehicle violations. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sheahan, T. Sheldon, Shin and Swecker.
MINORITY Recommendation: Do not pass. Signed by Senator Heavey.
Passed to Committee on Rules for second reading.
January 27, 2000
2ESB 5704 Prime Sponsor, Senator Kohl-Welles: Authorizing adoption of rules to implement medical marijuana law. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 5704 be substituted therefor, and the substitute bill do pass. Signed by Senators Thibaudeau, Chair; Wojahn, Vice Chair; Costa, Franklin and Winsley.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6037 Prime Sponsor, Senator Shin: Rescinding a retirement allowance agreement. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6117 Prime Sponsor, Senator McCaslin: Increasing penalties for persons who interfere with school activities. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 6117 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Benton, Brown, Finkbeiner, Goings, Hochstatter, Rasmussen and Swecker.
Passed to Committee on Rules for second reading.
January 25, 2000
SB 6143 Prime Sponsor, Senator Prentice: Modifying state lottery laws. Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Benton, Deccio, Gardner, Hale and Heavey.
MINORITY Recommendation: Do not pass. Signed by Senator T. Sheldon.
Passed to Committee on Rules for second reading.
January 25, 2000
SB 6145 Prime Sponsor, Senator Prentice: Allowing criminal history records to be sent to the Washington state gambling commission. Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: That Substitute Senate Bill No. 6145 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Gardner, Hale, Heavey, Rasmussen, T. Sheldon and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senator Benton.
Passed to Committee on Rules for second reading.
January 25, 2000
SB 6192 Prime Sponsor, Senator Fairley: Prohibiting sale of domesticated dog or cat fur without accurate labeling. Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Benton, Gardner, Hale, Heavey, Rasmussen, T. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
January 25, 2000
SB 6193 Prime Sponsor, Senator Fairley: Prohibiting the trafficking in fur and fur products from domestic dogs and cats. Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Gardner, Hale, Heavey, T. Sheldon and Winsley.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6202 Prime Sponsor, Senator Kohl-Welles: Providing limitations on placement of a child in out-of-home care when a conflict of interest exists. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6202 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6214 Prime Sponsor, Senator Deccio: Changing guardian duties under probate and trust law. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6214 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6217 Prime Sponsor, Senator Hargrove: Changing provisions relating to dependent children. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6217 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6218 Prime Sponsor, Senator Hargrove: Making technical and clarifying amendments to the family reconciliation act. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6218 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 27, 2000
SB 6229 Prime Sponsor, Senator Jacobsen: Promoting wildlife viewing. Reported by Committee on Natural Resources, Parks and Recreation
MAJORITY Recommendation: That Substitute Senate Bill No. 6229 be substituted therefor, and the substitute bill do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6234 Prime Sponsor, Senator Patterson: Specifying conditions for requiring examination of a driver. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6264 Prime Sponsor, Senator Eide: Establishing intermediate drivers' licenses. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 6264 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Oke, Patterson, Prentice, Sheahan, Shin and Swecker.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6304 Prime Sponsor, Senator McCaslin: Modifying the license plate replacement program. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 6304 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, T. Sheldon and Shin.
MINORITY Recommendation: Do not pass. Signed by Senator Heavey.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6305 Prime Sponsor, Senator Franklin: Changing provisions relating to guardians ad litem. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6305 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Long, Sheahan, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 27, 2000
SB 6330 Prime Sponsor, Senator Jacobsen: Allowing nonconsumptive wildlife activities on public lands. Reported by Committee on Natural Resources, Parks and Recreation
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; T. Sheldon, Vice Chair; Hargrove, Morton, Oke, Rossi, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6386 Prime Sponsor, Senator Haugen: Administering funds for representation of indigent parents and children. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6386 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan, Stevens and Zarelli.
Referred to Committee on Ways and Means.
January 26, 2000
SB 6463 Prime Sponsor, Senator McAuliffe: Providing for early vision and hearing screening. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Brown, Finkbeiner, Goings, Kohl-Welles, Rasmussen and Swecker.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6464 Prime Sponsor, Senator McAuliffe: Requiring information on selecting early childhood education programs and kindergarten readiness. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 6464 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Brown, Finkbeiner, Goings, Kohl-Welles, Rasmussen and Swecker.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6474 Prime Sponsor, Senator Hargrove: Changing provisions relating to foster care services and reimbursements. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6474 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan, Stevens and Zarelli.
Referred to Committee on Ways and Means.
January 26, 2000
SB 6479 Prime Sponsor, Senator Eide: Addressing concerns about pesticide use in schools.. Reported by Committee on Education
MAJORITY Recommendation: That Substitute Senate Bill No. 6474 be substituted therefor, and the substitute bill do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Bauer, Finkbeiner, Goings, Kohl-Welles, Rasmussen and Swecker.
Passed to Committee on Rules for second reading.
January 26, 2000
SB 6571 Prime Sponsor, Senator Rasmussen: Creating the national World War II memorial account. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
January 27, 2000
SB 6687 Prime Sponsor, Senator Prentice: Allowing port districts to acquire insurance coverage. Reported by Committee on State and Local Government
MAJORITY Recommendation: That the bill be referred to Committee on Commerce, Trade, Housing and Financial Institutions without recommendation.. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Horn, Kline and McCaslin.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
January 26, 2000
SJM 8022 Prime Sponsor, Senator Rasmussen: Recognizing America's World War II veterans. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6474 was referred to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
January 26, 2000
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2337,
HOUSE BILL NO. 2339,
HOUSE BILL NO. 2440,
HOUSE BILL NO. 2464, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
INTRODUCTION AND FIRST READING
SB 6795 by Senators Haugen, Kline, Gardner, Oke and Patterson (by request of Governor Locke)
AN ACT Relating to authorizing a local option sales and use tax for transit under chapters 35.58, 36.57, and 36.57A RCW for fiscal year 2001; adding a new section to chapter 82.14 RCW; creating a new section; and providing an effective date.
Referred to Committee on Transportation.
SB 6796 by Senators Snyder, Zarelli and Bauer
AN ACT Relating to dredge spoils; and adding a new section to chapter 47.04 RCW.
Referred to Committee on Natural Resources, Parks and Recreation.
SB 6797 by Senator Gardner
AN ACT Relating to disposition of vehicle and vessel registration fees; and amending RCW 46.01.140 and 46.68.035.
Referred to Committee on Transportation.
SB 6798 by Senators Haugen and Rasmussen
AN ACT Relating to a small city pavement maintenance program; and adding a new section to chapter 47.26 RCW.
Referred to Committee on Transportation.
SB 6799 by Senator B. Sheldon
AN ACT Relating to the program for agency coordinated transportation; amending RCW 47.06B.015 and 47.06B.040; reenacting and amending RCW 47.06B.030; and providing an expiration date.
Referred to Committee on Transportation.
SB 6800 by Senators Patterson and Horn (by request of State Treasurer Murphy)
AN ACT Relating to the appointment of personnel for the office of the state treasurer; and amending RCW 43.08.120.
Referred to Committee on State and Local Government.
SB 6801 by Senators Roach, Rossi, T. Sheldon and Stevens
AN ACT Relating to the secretary of transportation; and amending RCW 47.01.041.
Referred to Committee on Transportation.
SB 6802 by Senators Patterson, Benton, Goings, Haugen, Winsley, Costa and Rasmussen
AN ACT Relating to the citizens' alliance for government accountability; adding a new chapter to Title 43 RCW; making an appropriation; providing an expiration date; and declaring an emergency.
Referred to Committee on State and Local Government.
SB 6803 by Senators Kohl-Welles, Long, Brown, Goings, Eide, Patterson, Prentice, Finkbeiner and B. Sheldon
AN ACT Relating to studying the feasibility of requiring automatic fire extinguishing sprinkler protection in existing congregate residences owned or operated by institutions of higher education; adding a new section to chapter 19.27 RCW; and declaring an emergency.
Referred to Committee on Higher Education.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 2337 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, O'Brien, Cairnes, Kagi, B. Chandler, Lovick, Delvin, Carlson and Conway)
Ordering implementation of a state-wide city and county jail booking and reporting system.
Referred to Committee on Judiciary.
HB 2339 by Representatives O'Brien, Ballasiotes and Hurst (by request of Sentencing Guidelines Commission)
Ranking the penalty for foreign protection order violations.
Referred to Committee on Judiciary.
HB 2440 by Representatives Mitchell, Fisher, Hankins, Edwards, Cooper, Ruderman, Pflug, Wood and Hurst
Making driver licensing laws more understandable.
Referred to Committee on Transportation.
HB 2464 by Representatives Fisher, Mitchell, Edwards, Hankins, Lovick, Kessler, Cody, Conway, Tokuda, Cooper, Wolfe, Van Luven, Ogden, Ruderman, Murray, Scott, Stensen, Edmonds, Wood and Hurst
Creating the multimodal transportation account.
Referred to Committee on Transportation.
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6803 was referred to the Committee on Higher Education.
MOTION
On motion of Senator Goings, the following resolution was adopted:
SENATE RESOLUTION 2000-8702
By Senators Goings and Rasmussen
WHEREAS, The education and advancement of Washington’s youth is of paramount importance to the citizens of our state; and
WHEREAS, Education means much more today than the traditional classroom experience so familiar to many Washingtonians; and
WHEREAS, Over the years, the Boy Scouts of America has provided boys the opportunity to gain a unique education that allows them to steadily advance in their skills, knowledge, and responsibility as they mature into young men; and
WHEREAS, Mr. Jason Law of Eatonville, through his years of commitment to excellence and his willingness to serve his community, as well as to lead, has earned the rank of Eagle Scout; and
WHEREAS, Mr. Law has gone above and beyond expectations to earn the equally prestigious Venturing Silver Award, qualifying by first earning two Venturing Bronze awards and one Gold award, exemplifying the ideals of Scouting; and
WHEREAS, Mr. Law’s example is one from which all Washingtonians can learn, and of which all can be proud;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the achievements of Mr. Jason Law, and the hard work and commitment to excellence required to gain them; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to the Pacific Harbors Council Chapter of the Boy Scouts of America.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Washington State Fair Association Board of Directors, who were seated in the gallery.
MOTION
On motion of Senator Honeyford, the following resolution was adopted:
SENATE RESOLUTION 2000-8703
By Senators Honeyford, Fraser, Costa, Rasmussen and Kohl-Welles
WHEREAS, Decent and affordable housing is a simple dream that is unattainable for many hard-working families in Washington; and
WHEREAS, Unable to obtain either conventional or government-assisted financing, some of these families pay rent - in many cases - more than fifty percent of their total household income to live in overcrowded, substandard houses and apartments; and
WHEREAS, To draw attention to the need for safe, decent, affordable housing, and to showcase the power of volunteers in neighborhoods and communities across Washington, the Washington State Legislature has entered into a partnership with Habitat for Humanity to build a home for a family in need; and
WHEREAS, Legislators and staff, along with their families, others in the legislative community, and Habitat partner families and volunteers, are working side-by-side with infectious enthusiasm in raising thirty-five thousand dollars and generating three thousand five hundred volunteer hours to build "The Home from the Dome"; and
WHEREAS, When complete, The Home from the Dome will be sold to a partner family, who themselves will have put in over five hundred hours of manual labor, under a no-profit, no-interest loan on a twenty or twenty-five year mortgage. The eventual homeowner's payments will go to a revolving fund for construction of more housing for other families; and
WHEREAS, Work on The Home from the Dome - like work on any community volunteer project - unites those involved and shows that, in a world where many needs go unmet, the giving of our time, talent, compassion, and energy is an expression of faith, trust, and concern;
NOW, THEREFORE, BE IT RESOLVED, That the Senate hereby expresses its gratitude to Habitat for Humanity, for its leadership, and to all the volunteers and contributors - legislators, staff, family, friends, and others - for the time, talent, compassion, and energy they have given to make a home for one more family - The Home from the Dome - a reality; and
BE IT FURTHER RESOLVED, That the Senate finds that, in the end, the true excitement in a project like this is not in seeing the finished wall or the completed house, but in having the opportunity to take part in such a powerful project.
Senators Honeyford, Fraser, Franklin, Hochstatter and Eide spoke to Senate Resolution 2000-8703.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Peter Zubowic, the executive director of the South Puget Sound Habitat for Humanity project, who was seated in the gallery.
PERSONAL PRIVILEGE
Senator Tim Sheldon: “Thank you, Mr. President, a point of personal privilege. I just wanted to remind the Senators that on their desks is an article from the Seattle Times. I think it was in there a couple of days ago and deals with drug use in our rural areas. I know, Mr. President, that you have been very, very active--probably more active than anyone in our state--in talking about substance abuse and the dangers of drug use. This article was very interesting to me, and that is why I wanted to pass it out to bring it to your attention here on the Senate floor. We have thirty-two rural counties and seven metropolitan counties here in Washington State.
“Mr. President, if I could just read one line from this article. It says,’ Eighth graders in rural America are one hundred and four percent more likely that those in urban centers to use amphetamines, including methamphetamines and fifty percent more likely to use cocaine,’ according to the study by the National Center on Addiction and Substance Abuse at Columbia University.
“So, a very prestigious university is looking across America and finding that we have big, big problems in our rural areas. Of course, these affect education, economics, families, housing,--you name it--but it affects us all, but it is affecting us twice as much in rural Washington today. Please take note of that and we are going to work and try and turn it around. Thank you.”
MOTION
At 10:26 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 11:00 a.m.
The Senate was called to order at 11:00 a.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.
THIRD READING
SENATE BILL NO. 5445, by Senators Franklin, Winsley, Wojahn, Deccio, Thibaudeau, Kline, Rasmussen, Fairley, Patterson, Prentice, Kohl-Welles, Costa, Eide and Spanel
Allowing the chair of a legislative committee to request review by the department of health of a mandated benefit bill.
The bill was read the third time.
Senator Franklin spoke to Senate Bill No. 5445.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5445.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5445 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Absent: Senators Deccio and Sellar - 2.
Excused: Senators Finkbeiner, Long, McCaslin, McDonald and Sheahan - 5.
SENATE BILL NO. 5445, having received the constitutional majority, was declared passed. There being no objection, the tittle of the bill will stand as the title of the act.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Jean Khoo of Malaysia and Jean Benton of Vancouver, the aunt and sister of Senator Benton, who were seated in the gallery.
THIRD READING
SENATE BILL NO. 5464, by Senators Costa, McCaslin, Heavey, Kline and Patterson
Adopting the uniform child custody jurisdiction and enforcement act.
The bill was read the third time.
Senator Costa spoke to Senate Bill No. 5464.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5464.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5464 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 41.
Voting nay: Senators Benton and Zarelli - 2.
Absent: Senator Hargrove - 1.
Excused: Senators Finkbeiner, Long, McCaslin, McDonald and Sheahan - 5.
SENATE BILL NO. 5464, having received the constitutional majority, was declared passed. There being no objection, the tittle of the bill will stand as the title of the act.
THIRD READING
ENGROSSED SENATE BILL NO. 5490, by Senators Wojahn, Winsley, Kline, Fairley, B. Sheldon, McAuliffe, Thibaudeau, Snyder, Rasmussen and Costa
Requiring temporary assistance for needy families employment assessments to screen for learning disabilities.
The bill was read the third time.
Senator Wojahn spoke to Engrossed Senate Bill No. 5490.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5490.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5490 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 11; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley and Wojahn - 33.
Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Johnson, Morton, Roach, Sellar, Swecker, West and Zarelli - 11.
Excused: Senators Finkbeiner, Long, McCaslin, McDonald and Sheahan - 5.
ENGROSSED SENATE BILL NO. 5490, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5518, by Senate Committee on Natural Resources, Parks and Recreation (originally sponsored by Senators Jacobsen, Eide, Goings and Winsley)
Establishing a youth athletic facility account to help fund community outdoor athletic facilities.
The bill was read the third time.
Senator Jacobsen spoke to Substitute Senate Bill No. 5518.
Debate ensued.
POINT OF INQUIRY
Senator Wojahn: “Senator Jacobsen, what is a match for a local community with the state?”
Senator Jacobsen: “Well, the way the language is, it would be defined by the IAC and it could vary from the ability of the community--how much they could afford to put out. It would be a challenge grant.”
Senator Wojahn: “Are there exclusions in the bill? I haven’t had a chance to read it.”
Senator Jacobsen: “Are there what in the bill?”
Senator Wojahn: “Are there exclusions of things that cannot be done?”
Senator Jacobsen: “It can be in-kind or dollars.”
Senator Wojahn: “It can be in-kind or dollars?”
Senator Jacobsen: “Yes.”
Senator Wojahn: “Thank you very much.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5518.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5518 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Finkbeiner, Long, McCaslin, McDonald and Sheahan - 5.
SUBSTITUTE SENATE BILL NO. 5518, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5604, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Deccio, Wojahn, Winsley, Costa, Franklin and Thibaudeau)
Identifying health care facility workers.
The bill was read the third time.
Senator Deccio spoke to Substitute Senate Bill No. 5604.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5604.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5604 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.
Voting nay: Senators Honeyford, Morton and West - 3.
Excused: Senators Finkbeiner, Long, McCaslin, McDonald and Sheahan - 5.
SUBSTITUTE SENATE BILL NO. 5604, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5049, by Senate Committee on Judiciary (originally sponsored by Senators Rasmussen, Goings, Franklin, T. Sheldon, Swecker and Patterson)
Enhancing penalties for manufacturing methamphetamines inside a conveyance.
MOTIONS
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5049 was returned to second reading and read the second time.
On motion of Senator Heavey, the following striking amendment by Senators Heavy and McCaslin was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.94A RCW to read as follows:
In a criminal case where: (1) The defendant has been convicted of (a) manufacture of methamphetamine as defined in RCW 69.50.401(a)(1)(ii); (b) possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine, as defined in RCW 69.50.440; or (c) an attempt to commit or a conspiracy to commit a crime under (a) or (b) of this subsection; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime:
(a) Inside a motor vehicle as defined in RCW 46.04.320, or a trailer as defined in RCW 46.04.620, or a vessel as defined in RCW 88.02.010;
(b) Inside a house, apartment, mobile home, hotel, motel, or any other dwelling or residence;
(c) In an area within one thousand feet of a child; or
(d) In an area within one mile of a school;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
Sec. 2. RCW 9.94A.310 and 1999 c 352 s 2 and 1999 c 324 s 3 are each reenacted and amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XVI Life Sentence without Parole/Death Penalty
XV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIV 14y4m 15y4m 16y2m 17y 17y11m 18y9m 20y5m 22y2m 25y7m 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
220 234 244 254 265 275 295 316 357 397
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.
(b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.
(c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.
(e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.150(4).
(f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.
(g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
(4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.
(b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.
(c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.
(e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.150(4).
(f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.
(g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
(5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or section 1 of this act.
(7) An additional two years shall be added to the presumptive sentence for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055."
POINT OF INQUIRY
Senator Johnson: “Senator Heavey, would you mind describing those technical changes, because we just got the striker on our desks a few minutes ago?”
Senator Heavey: “Well, as I understand it, we pass statutes that affect the underlying statutes, so the new bill had to incorporate the changes that had happened in 1999. That is all it does. It doesn’t change the substance of the underlying bill.”
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Heavey and McCaslin to Substitute Senate Bill No. 5049.
The motion by Senator Heavey carried and the striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Heavey and McCaslin to Substitute Senate Bill No. 5049.
The motion by Senator Heavey carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 1 of the title, after "manufacture;" strike the remainder of the title and insert "reenacting and amending RCW 9.94A.310; adding a new section to chapter 9.94A RCW; and prescribing penalties."
On motion of Senator Heavey, the rules were suspended, Engrossed Substitute Senate Bill No. 5049 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 Eide, Senator Kohl-Welles 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. 5049.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5049 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42. Absent: Senator Bauer - 1. Excused: Senators Finkbeiner, Kohl-Welles, Long, McCaslin, McDonald and Sheahan - 6. ENGROSSED SUBSTITUTE SENATE BILL NO. 5049, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5074, by Senate Committee on Judiciary (originally sponsored by Senators Roach, Honeyford, T. Sheldon, Johnson and Rasmussen)
Establishing the crime of mail theft or receipt of stolen mail.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5074 was returned to second reading and read the second time.
MOTION
On motion of Senator Heavey, the following striking amendment by Senators Heavy and McCaslin was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authorized depository" means a mailbox, post office box, or rural box used by postal customers to deposit outgoing mail or used by the postal service to deliver incoming mail.
(2) "Letter box" means a receptacle that is used for a specific address intended or used for the receipt or delivery of mail on a mail route.
(3)(a) "Mail" means a letter, card, parcel, or other material that:
(i) Is sent or delivered by means of the postal service;
(ii) Has postage affixed by the postal customer or postal service; and
(iii) Is placed in an authorized depository or mail receptacle.
(b) "Mail" includes articles contained in mail.
(4) "Mail receptacle" means a place used by the postal service or postal customers to place outgoing mail or receive incoming mail.
(5) "Postage" means a postal service stamp, permit imprint, meter strip, or other authorized indication of prepayment for service provided by the postal service for collection and delivery of mail.
(6) "Postal service" means the United States postal service.
(7) The phrase "of another" does not include persons with whom the defendant has a familial, parental, spousal, or other relationship that would otherwise reasonably allow the defendant to take, dispose of, or otherwise intercept the person's mail.
NEW SECTION. Sec. 2. (1) A person commits the crime of obstruction of mails if the person intentionally obstructs or unreasonably delays:
(a) The passage of the mail; or
(b) A carrier or conveyance carrying the mail.
(2) Obstruction of mails is a gross misdemeanor.
NEW SECTION. Sec. 3. (1) A person commits the crime of destruction of letter boxes if the person knowingly and maliciously:
(a) Tears down or destroys a letter box belonging to another; or
(b) Breaks open a letter box belonging to another.
(2) Destruction of letter boxes is a gross misdemeanor.
NEW SECTION. Sec. 4. (1) A person commits the crime of destruction of mail if the person knowingly and maliciously injures, destroys, or defaces mail of another that has been deposited in an authorized depository.
(2) Destruction of mail is a class C felony.
NEW SECTION. Sec. 5. (1) A person commits the crime of mail theft or receipt of stolen mail if the person knowingly:
(a) Takes or, by fraud or deception, obtains mail of another from a mail receptacle, authorized depository, or mail carrier;
(b) Secretes, embezzles, or destroys mail of another;
(c) Takes or, by fraud or deception, obtains mail of another that has been left for collection on or adjacent to an authorized depository or mail receptacle; or
(d) Buys, receives, conceals, or unlawfully possesses mail of another knowing that the mail was taken, obtained, or embezzled as described in this subsection.
(2) When a person has in his or her possession or control mail of another addressed to two or more different addresses, and the addresses are not the residence or business of the person, he or she is presumed to know that the mail is stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen mail was without knowledge that the mail was stolen.
NEW SECTION. Sec. 6. (1) A person is guilty of mail theft or receipt of stolen mail in the first degree if he or she knowingly possesses stolen mail addressed to five or more different addresses.
(2) Mail theft or receipt of stolen mail in the first degree is a class B felony.
NEW SECTION. Sec. 7. (1) A person is guilty of mail theft or receipt of stolen mail in the second degree if he or she knowingly possesses stolen mail addressed to four or less different addresses.
(2) Mail theft or receipt of stolen mail in the second degree is a class C felony.
NEW SECTION. Sec. 8. In a prosecution under this chapter, it is a defense that the defendant acted under an honest claim of right in that:
(1) The defendant was unaware that the property was that of another person;
(2) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or
(3) The property involved was that of the defendant's minor child or spouse, unless the parties were not living together as husband and wife and were residing in, and intended to continually reside in, separate abodes at the time of the alleged offense.
NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 9A RCW.
Sec. 10. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW 10.95.020)
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV Murder 2 (RCW 9A.32.050)
XIII 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)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
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 flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Involving a minor in drug dealing (RCW 69.50.401(f))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
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))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
V Abandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))
On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))
On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))
On and after July 1, 2000: Stalking (RCW 9A.46.110)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Escape 1 (RCW 9A.76.110)
Hit and Run--Injury Accident (RCW 46.52.020(4))
Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.060.200(3))
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Malicious Harassment (RCW 9A.36.080)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicular Assault (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
III Abandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
Willful Failure to Return from Work Release (RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Mail Theft or Receipt of Stolen Mail 1 (section 6 of this act)
Malicious Mischief 1 (RCW 9A.48.070)
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))
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Destruction of Mail (section 4 of this act)
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Mail Theft or Receipt of Stolen Mail 2 (section 7 of this act)
Malicious Mischief 2 (RCW 9A.48.080)
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))
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
Sec. 11. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:
DESCRIPTION AND OFFENSE CATEGORY
juvenile juvenile disposition
disposition category for attempt,
offense bailjump, conspiracy,
category description (rcw citation) or solicitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
B+ Drive-By Shooting
(9A.36.045) C+
D+ Reckless Endangerment
(9A.36.050) E
C+ Promoting Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Residential Burglary
(9A.52.025) C
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
C Vehicle Prowling 1 (9A.52.095) D
D Vehicle Prowling 2 (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(a)(1) (i) or (ii)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(iii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E Unlawful Inhalation (9.47A.020) E
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances
(69.50.401(b)(1) (i) or (ii)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (iii), (iv), (v)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
B Theft of Firearm (9A.56.300) C
B Possession of Stolen Firearm
(9A.56.310) C
E Carrying Loaded Pistol Without
Permit (9.41.050) E
C Possession of Firearms by Minor (<18)
(9.41.040(1)(b)(iii)) C
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
Obstructing Governmental Operation
D Obstructing a Law Enforcement
Officer (9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B+ Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ Indecent Exposure
(Victim <14) (9A.88.010) E
E Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
A- Child Molestation 1 (9A.44.083) B+
B Child Molestation 2 (9A.44.086) C+
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
C Mail Theft or Receipt of Stolen
Mail 1 (section 6 of this act) D
D Mail Theft or Receipt of Stolen
Mail 2 (section 7 of this act) E
D Destruction of Mail (section 4
of this act) E
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.005) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.502 and 46.61.504) E
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A+ 180 WEEKS TO AGE 21 YEARS
A 103 WEEKS TO 129 WEEKS
A- 15-36 |52-65 |80-100 |103-129
WEEKS |WEEKS |WEEKS |WEEKS
EXCEPT |||
30-40 |||
WEEKS FOR |||
15-17 |||
YEAR OLDS |||
Current B+ 15-36 |52-65 |80-100 |103-129
Offense WEEKS |WEEKS |WEEKS |WEEKS
Category
B LOCAL | |52-65
SANCTIONS (LS) |15-36 WEEKS |WEEKS
C+ LS |
|15-36 WEEKS
C LS |15-36 WEEKS
Local Sanctions: |
0 to 30 Days
D+ LS 0 to 12 Months Community Supervision
0 to 150 Hours Community Service
D LS $0 to $500 Fine
E LS
0 1 2 3 4 or more
PRIOR ADJUDICATIONS
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second
NOTE: References in the grid to days or weeks mean periods of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(((5))) (4) and 13.40.165.
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2)."
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 1 of the title, after "mail;" strike the remainder of the title and insert "amending RCW 13.40.0357; reenacting and amending RCW 9.94A.320; adding a new chapter to Title 9A RCW; and prescribing penalties."
On motion of Senator Heavey, the rules were suspended, Engrossed Substitute Senate Bill No. 5074 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. 5074.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5074 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Finkbeiner, Kohl-Welles, Long, McCaslin, McDonald and Sheahan - 6.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5074, having received the constitutional majority, was declared passed. There being no objection, the tittle of the bill will stand as the title of the act.
MOTION
On motion of Senator Goings, Senators Eide and Heavey were excused.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5115, by Senate Committee on Labor and Workforce Development (originally sponsored by Senators Heavey, Prentice, Kline and Fairley)
Changing judicial review of public employment relations commission proceedings.
The bill was read the third time.
Senator Fairley spoke to Substitute Senate Bill No. 5115.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5115.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5115 and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 18; Absent, 1; Excused, 8.
Voting yea: Senators Bauer, Brown, Costa, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Jacobsen, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Spanel, Thibaudeau and Winsley - 22.
Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Morton, Oke, Roach, Rossi, Sellar, Snyder, Stevens, Swecker, West, Wojahn and Zarelli - 18.
Absent: Senator Kline - 1.
Excused: Senators Eide, Finkbeiner, Heavey, Kohl-Welles, Long, McCaslin, McDonald and Sheahan - 8.
SUBSTITUTE SENATE BILL NO. 5115, having failed to receive the constitutional majority, was declared lost.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Snyder served notice that he would moved to reconsider the vote by which Substitute Senate Bill No. 5115 failed to pass the Senate.
MOTION FOR IMMEDIATE RECONSIDERATION
Senator Johnson moved that Substitute Senate Bill No. 5115 be immediately reconsidered.
PARLIAMENTARY INQUIRY
Senator Snyder: "Does Senator Johnson's motion require a simple majority or two-thirds?"
RULING BY THE PRESIDENT
President Owen: “Senator Snyder, in reviewing the rules, we find that Senator Johnson’s motion is not actually before us, because we are not on the ninth order. If in fact, the motion was made under the proper order, it would still take a two-thirds vote to suspend the rules. The rule requires that the vote be taken on the next working day. There is no motion before us at the time.”
THIRD READING
SECOND SUBSTITUTE SENATE BILL NO. 5331, by Senate Committee on Ways and Means (originally sponsored by Senators Brown, Goings, Patterson, Eide, Winsley and Rasmussen)
Establishing public utility tax credits for weatherization and energy assistance programs.
MOTION
On motion of Senator Brown, the rules were suspended, Second Substitute Senate Bill No. 5331 was returned to second reading and read the second time.
MOTIONS
On motion of Senator Brown, the following amendment was adopted:
On page 3, line 2, strike "1999" and insert "2000"
On motion of Senator Brown, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5331 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 Engrossed Second Substitute Senate Bill No. 5331.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5331 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.
Excused: Senators Eide, Finkbeiner, Heavey, Kohl-Welles, Long, McCaslin, McDonald and Sheahan - 8.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5331, having received the constitutional majority, was declared passed. There being no objection, the tittle of the bill will stand as the title of the act.
MOTION
At 11:59 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, January 31, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate