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FOURTH DAY
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NOON SESSION
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Senate Chamber, Olympia, Thursday, January 16, 1997
The Senate was called to order at 12:00 noon by President Owen. No roll call was taken.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE GOVERNOR
CONDITIONAL COMMUTATION ORDER
January 15, 1997
TO THE HONORABLE, THE SENATE
AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
In compliance with the provision of Section 11 of Article III of the Constitution of the state of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 1996 Regular Session of the Fifty-Fourth Legislature, copy of which is attached.
Respectfully submitted,
KENT CAPUTO, Legal Counsel to the Governor
CONDITIONAL COMMUTATION ORDER
FOR
KERRI KIRKENDALL
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On March 15, 1996, 28 year old Kerri Kirkendall was sentenced by King County Superior Court to a term of two years seven months in prison after a plea of guilty to Vehicular Homicide. She is currently incarcerated at the Washington Corrections Center for Women, having a time start of May 2, 1996.
On the evening of May 2, 1995, Ms. Kirkendall had gone to a pub in the community of Ballard to perform an Irish dance. While there, she consumed alcoholic cider. She drove back toward her home on that clear night feeling very tired, but did not feel intoxicated to the point of impairment. In order to remain awake, she turned the radio on loud and opened the window vent. While driving, her car wandered to the right shoulder striking Mr. Eliapo Taoipu who was standing beside his car which had run out of fuel. Mr. Taoipu was thrown approximately 85 feet down the shoulder and his jeep damaged. Another driver who observed the accident pulled up next to Kirkendall and told her she had just struck another car. Ms. Kirkendall claimed to have fallen asleep, but put her jeep in reverse and returned to the scene of the accident and began administering cardio-pulmonary resuscitation on Mr. Taoiup, who was pronounced dead at the scene.
Kerri Kirkendall admitted to officers she had fallen asleep while driving and that she had three pints of alcoholic cider that evening and two bottles of alcoholic cider earlier in the afternoon. She had a blood ethanol level of 0.15 per 100 milliliters.
Mr. Taoipu's father, Mativa Taoipu, told the pre-sentence investigator the family is not interested in revenge or retribution for the loss of their son. He feels Ms. Kirkendall has learned her lesson of drinking and driving and does not feel a period of imprisonment would benefit anyone.
Ms. Kirkendall appears to demonstrate remorse for her behavior and takes full responsibility, stating she was willing to accept whatever sanction the court imposed. She said she would like to be required to give something back to the community.
Ms. Kirkendall's life pattern has been law abiding and responsible. She has been employed for eight years as a training administrator for the Boeing Company. She volunteered for the National Trust for Historic Preservation, the Seattle Architectural Foundation and Habitat for Humanity. She recently graduated with honors from Bellevue Community College with an Associate of Arts degree. Her plans were to attend a university in Rhode Island to study historic preservation. Her friends and co-workers describe her as a hard worker, a responsible and dependable person with good morals and values, someone who puts the needs of others ahead of her own. They note a weakness as working too hard and burning the candle at both ends.
Ms. Kirkendall is an offender who had a rare lapse of responsibility at an inopportune time. She has taken responsibility for her actions. She has had an alcohol evaluation which indicates she does not have an alcohol problem. She states she has quit drinking. She has a sleeping disorder which contributed to the accident. The condition is now controlled by medication.
At its June 7, 1996 meeting, the Clemency and Pardons Board reviewed and discussed her petition for clemency and recommended she be granted a conditional commutation. The Board was particularly impressed with Ms. Kirkendall's response to this tragedy by volunteering with DUI victims' families and survivors panels and speaking against drinking and driving.
This is an extraordinary case and justice is served by granting conditional clemency. Ms. Kirkendall appears to be a responsible, hard-working, dependable individual. Since her incarceration, she has worked full-time for Correctional Industries. Prior to incarceration, she was an active participant in positive community activities, such as Habitat for Humanity and the National Trust for Historic Preservation. Her alcohol evaluation indicates that she does not have an alcohol problem. She showed compassion and responsibility by returning to the accident scene and administering cardio-pulmonary resuscitation. She recognizes the seriousness of her offense, takes full, personal responsibility for Mr. Taoipu's death and accepts the punishment imposed by the court. Therefore, by this order, I hereby grant Kerri Kirdendall conditional clemency to an approved plan.
Ms. Kirkendall's conditional clemency is subject to the following conditions and may be revoked by the Governor for violation of any or all of these conditions:
1. Remain at the Washington Corrections Center for Women for 42 days from the date of the order, to be followed by sixty days on pre- release status at Helen B. Ratcliff House and sixty days on work release status, also at Helen B. Ratcliff House.
2. After being released from work release, reside at the home of her mother, Bonnie Kirkendall, or an approved residence.
3. Commit no offenses for the term of this commutation and abide by all of these conditions until the maximum expiration date of the sentence.
4. Commit no major infractions while at Washington Corrections Center for Women, pre-release or work release.
5. Obey all rules at the Washington Corrections Center for Women, pre-release and work release and complete any programming recommended by the counselor or community corrections officer.
6. Attend alcohol education classes as approved by the community corrections officer.
7. Complete four years of community service in the form of educating the public and the courts about alcohol abuse as ordered or approved by the community corrections officer.
8. Be employed and/or involved in an education program acceptable to the community corrections officer and obtain permission from the community corrections officer before changing residence, employment or educational programs.
9. Not use or possess drugs or alcohol without a prescription from a licensed physician and submit to testing for the use of alcohol/drugs as scheduled by the community corrections officer.
10. Possess no deadly weapons on her person and not own or possess a firearm.
11. Obey all laws.
12. Submit to the search of her person, resident, vehicle, and/or belongings when ordered to do so by the community corrections officer.
13. Obtain written permission from the community corrections officer before traveling outside of Washington State.
14. Pay supervision fees based upon ability to pay and at the direction of the community corrections officer.
15. Follow the directions of the community corrections officer in meeting any or all of the conditions imposed by the Department of Corrections to facilitate the carrying out of the conditions herein. These conditions include appearing, when directed, to meet with her community corrections officer, submitting monthly reports on how she is fulfilling the conditions and providing any information needed to assure compliance with the conditions.
Should a violation of any of the conditions herein occur, the following process will be followed:
1. The community corrections officer may detain Kerri Kirkendall in jail or prison and/or issue a warrant for her arrest upon a determination that there is probable cause to believe a violation of any of the conditions has occurred.
2. Violation of any of the above conditions shall result in sanctions conforming to the Division of Community Corrections Violations Sanctions Grid for community custody. PROVIDED that in the event Ms. Kirkendall uses any alcohol or in the event Ms. Kirkendall commits any offense classified as a felony or gross misdemeanor, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without benefit of sentence reduction credit, whereupon Ms. Kirkendall shall be immediately returned to the Washington Corrections Center for Women or such other facility as the Secretary of Corrections deems appropriate.
The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.
The requirements of this conditional clemency shall remain in force until the expiration date of Ms. Kirkendall's entire 31 month sentence without benefit of earned early release credit. If she violates any of the conditions of this clemency, the Governor or the Governor's designee may sentence her to the remaining unserved portion of the prison term, approximately 25 months, which will be remaining upon her release, even though a revocation will extend her new release date beyond her original release date had she remained in prison for the whole term without being released on a conditional clemency. Any violation of this conditional clemency must occur prior to the expiration date of the original 31 month sentence for it to be a basis for revocating her conditional clemency.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant conditional clemency for Kerri Kirkendall, Department of Corrections inmate number 746374 and commute her sentence subject and pursuant to the conditions set forth herein.
(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the state of Washington to be affixed at Olympia on this 19th day of
September, A.D., nineteen hundred and ninety-six.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
RALPH MUNRO
Secretary of State
INTRODUCTION AND FIRST READING
SB 5128 by Senators Long, Hargrove, Franklin, Schow and Winsley
AN ACT Relating to fees charged to law enforcement agencies for death certificates of sex offenders; and amending RCW 70.58.107.
Referred to Committee on Human Services and Corrections.
SB 5129 by Senators McAuliffe, Fairley, Prentice, Fraser, Kohl, Thibaudeau, Pelz, Wojahn, Sheldon, Spanel, Goings and Patterson
AN ACT Relating to access to firearms by minors; adding a new section to chapter 9.41 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5130 by Senators McAuliffe, Sheldon, Patterson and Oke
AN ACT Relating to motor vehicle excise tax exemptions; adding a new section to chapter 82.44 RCW; and creating a new section.
Referred to Committee on Transportation.
SB 5131 by Senators Winsley, Oke and Patterson
AN ACT Relating to property tax reductions and exemptions for veterans and surviving spouses of veterans;
Referred to Committee on Ways and Means.
SB 5132 by Senators Zarelli, Schow, Winsley and Oke
AN ACT Relating to school bus route stops as drug-free zones; and amending RCW 69.50.435.
Referred to Committee on Law and Justice.
SB 5133 by Senators Zarelli and Schow
AN ACT Relating to censorship by school districts; and adding a new section to chapter 28A.230 RCW.
Referred to Committee on Education.
SB 5134 by Senators Zarelli and Stevens
AN ACT Relating to sanctions for sex offenders who violate community custody conditions; amending RCW 9.94A.205 and 9.94A.207; and prescribing penalties.
Referred to Committee on Human Services and Corrections.
SB 5135 by Senators Roach, Fairley, Johnson, Winsley and Oke
AN ACT Relating to the impoundment and immobilization of vehicles being operated by persons who have a suspended or revoked driver's license; amending RCW 46.55.113 and 46.55.120; adding a new section to chapter 46.20 RCW; creating a new section; and repealing RCW 46.20.344.
HOLD.
SB 5136 by Senators Hargrove, Oke, Snyder and Morton
AN ACT Relating to increasing anadromous fish runs in the Elwha river; adding new sections to chapter 75.50 RCW; and making an appropriation.
Referred to Committee on Natural Resources and Parks.
SB 5137 by Senators McAuliffe, Fairley, Fraser, Kohl, Snyder, Prentice and Oke
AN ACT Relating to vehicular assault; reenacting and amending RCW 9.94A.320; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5138 by Senators Oke, Snyder, Swecker and Winsley (by request of Parks and Recreation Commission)
AN ACT Relating to offenses committed in state parks or parkways; amending RCW 43.51.180; and prescribing penalties.
Referred to Committee on Natural Resources and Parks.
SB 5139 by Senators Oke, Snyder, Swecker and Winsley (by request of Parks and Recreation Commission)
AN ACT Relating to the state parks and recreation commission fiscal matters; amending RCW 43.51.050, 43.51.052, 43.51.090, 43.51.685, and 70.88.070; providing an effective date; and declaring an emergency.
Referred to Committee on Natural Resources and Parks.
SB 5140 by Senators Long, Zarelli, Schow, Kohl, Franklin, Hargrove and Winsley (by request of Department of Corrections)
AN ACT Relating to community placement of offenders; and reenacting and amending RCW 9.94A.120.
Referred to Committee on Human Services and Corrections.
SB 5141 by Senators Long, Hargrove, Franklin and Winsley (by request of Department of Corrections)
AN ACT Relating to siting of work release facilities; and amending RCW 72.65.210 and 72.65.220.
Referred to Committee on Human Services and Corrections.
SB 5142 by Senators Roach, Loveland and Winsley
AN ACT Relating to the collection of judgments; and reenacting and amending RCW 36.18.190.
Referred to Committee on Law and Justice.
SB 5143 by Senators Finkbeiner, West, Brown and Winsley (by request of Military Department)
AN ACT Relating to enhanced 911 excise taxes; amending RCW 82.14B.020, 82.14B.030, 82.14B.040, 82.14B.060, 82.32.010, and 82.32.105; adding new sections to chapter 82.14B RCW; prescribing penalties; and providing an effective date.
Referred to Committee on Energy and Utilities.
SB 5144 by Senator Roach
AN ACT Relating to the administration of county clerks' offices; amending RCW 6.36.035, 4.64.110, 7.68.290, 4.56.100, 4.64.030, 4.64.060, and 5.44.010; and repealing RCW 4.64.070.
Referred to Committee on Law and Justice.
SB 5145 by Senators Stevens, Long, Schow and Anderson
AN ACT Relating to department of social and health services records of children who have died from abuse or neglect; and amending RCW 74.04.060.
Referred to Committee on Human Services and Corrections.
SB 5146 by Senators Winsley, Fraser, Roach, Anderson and Patterson
AN ACT Relating to state investment board membership; and amending RCW 43.33A.020.
Referred to Committee on Government Operations.
SB 5147 by Senators Winsley, Swecker, Sheldon, Haugen and Oke
AN ACT Relating to residential property tax exemptions; and amending RCW 84.36.381.
Referred to Committee on Ways and Means.
SB 5148 by Senators Haugen and Oke
AN ACT Relating to production of game birds at game farms operated by the department of fish and wildlife; adding a new section to chapter 77.12 RCW; and creating new sections.
Referred to Committee on Natural Resources and Parks.
SB 5149 by Senators Long, Spanel, Horn and Kohl (by request of Legislative Ethics Board)
AN ACT Relating to mailings by legislators; amending RCW 42.17.132; adding a new section to chapter 42.52 RCW; and recodifying RCW 42.17.132.
Referred to Committee on Law and Justice.
SB 5150 by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley
AN ACT Relating to contempt of court; and amending RCW 7.21.020.
Referred to Committee on Law and Justice.
SB 5151 by Senators Roach, Johnson, Heavey, McCaslin, Loveland, Snyder and Winsley
AN ACT Relating to civil jurisdiction of district courts; and amending RCW 3.66.020.
Referred to Committee on Law and Justice.
SB 5152 by Senators Prince, Bauer, Wojahn, Horn, Oke, Winsley and Patterson (by request of Joint Legislative Audit and Review Committee)
AN ACT Relating to allowing the department of social and health services access to employment security department data on clients in the job opportunities and basic skills training program and any subsequent state welfare program; adding a new section to chapter 50.13 RCW; adding a new section to chapter 43.20A RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 5153 by Senators Sellar and Loveland
AN ACT Relating to prohibiting separate reporting and valuation of intangible personal property; and amending RCW 84.40.030 and 84.40.040.
Referred to Committee on Ways and Means.
SB 5154 by Senators Horn, Heavey and Prince
AN ACT Relating to maximum gross weight of vehicles; and amending RCW 46.44.041.
Referred to Committee on Transportation.
SB 5155 by Senators Horn, Heavey and Prince
AN ACT Relating to vehicle width; and amending RCW 46.44.010.
Referred to Committee on Transportation.
SB 5156 by Senators Zarelli, Benton, Schow and Anderson
AN ACT Relating to requiring approval by a two-thirds vote of each house to amend Initiative 601; amending RCW 43.84.092 and 43.88.033; and adding a new section to chapter 43.135 RCW.
Referred to Committee on Ways and Means.
SB 5157 by Senators Zarelli, Stevens and Kohl
AN ACT Relating to sales and use tax relief for victims of inclement weather that led to a declaration of a disaster area; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5158 by Senators Kohl, Strannigan, Long, Hargrove, Franklin, Brown, Patterson, Zarelli, Spanel, Thibaudeau, Schow, Winsley, Anderson and Oke
AN ACT Relating to economic incentives for employer-sponsored child care benefits; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new chapter to Title 82 RCW; and providing an effective date.
Referred to Committee on Human Services and Corrections.
SB 5159 by Senators Kohl, Long, McAuliffe, Fairley, Hargrove and Winsley
AN ACT Relating to family support services for persons with developmental disabilities; and adding a new section to chapter 71A.12 RCW.
Referred to Committee on Human Services and Corrections.
SB 5160 by Senator McCaslin
AN ACT Relating to the presidential primary; and repealing RCW 29.19.010, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.070, 29.19.080, and 29.19.900.
Referred to Committee on Government Operations.
SJM 8001 by Senators Hargrove, McCaslin, Snyder, Patterson and Oke
Petitioning for a plaque honoring veterans dying from war-related injuries received in the southeast Asia theater of operations.
Referred to Committee on Government Operations.
SJM 8002 by Senators Stevens, Benton, Zarelli, Roach, Hochstatter and Schow
Claiming state sovereignty under the Tenth Amendment.
Referred to Committee on Government Operations.
SJR 8205 by Senators Winsley, Oke and Patterson
Amending the Constitution to allow property tax relief to veterans.
Referred to Committee on Ways and Means.
SJR 8206 by Senators Zarelli and Benton
Encapsulating Initiative 601 into the Washington state Constitution.
Referred to Committee on Ways and Means.
SCR 8402 by Senators McDonald, Snyder, Loveland, Sellar, Johnson and Sheldon
Adopting cutoff dates.
HOLD.
MOTION
On motion of Senator Johnson, Senate Bill No. 5135 and Senate Concurrent Resolution No. 8402 were held on the desk.
MOTION
At 12:03 p.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Friday, January 17, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate