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JOURNAL OF THE SENATE

STATE OF WASHINGTON

1997 FIRST SPECIAL SESSION

FIFTY-FIFTH LEGISLATURE


FIRST DAY

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AFTERNOON SESSION

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Senate Chamber, Olympia, Wednesday, September 17, 1997

      The Senate of the 1997 First Special Session of the Fifty-fifth Legislature of the state of Washington was called to order at 3:30 p.m. by Lieutenant Governor Brad Owen, President of the Senate. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Hale, McCaslin, Newhouse and Prentice. On motion of Senator Franklin, Senator Prentice was excused. On motion of Senator Swecker, Senators Finkbeiner, Hale, McCaslin and Newhouse were excused.

      The Sergeant at Arms Color Guard consisting of staff members Brenda Fitzsimmons and Vickie Era, presented the Colors. Senator Bob Morton offered the prayer.


PROCLAMATION BY THE GOVERNOR


STATE OF WASHINGTON

OFFICE OF THE GOVERNOR

P. O. Box 40002, Olympia, Washington 98504-0002


      WHEREAS, the Washington State Supreme Court ruled that law enforcement officers in our state need statutory authority to check for outstanding warrants when a person is stopped for a traffic infraction; and

      WHEREAS, the safety of citizens and law enforcement officers is of utmost concern and would be severely compromised if warrant checks were not conducted in these situations;

      NOW THEREFORE, I, Gary Locke, Governor of the state of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7, of the State Constitution, do hereby convene the Washington State Legislature in Special Session in the Capitol at Olympia at 3:30 p.m. on September 17, 1997, for the sole purpose of enacting legislation to grant law enforcement officers authority to check for outstanding warrants when a person is stopped for a traffic infraction.

 

      (SEAL)                                                IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the state of Washington to be affixed at Olympia, this eighth day of September, A.D., nineteen hundred and ninety-seven.

GARY LOCKE,

Governor of Washington

BY THE GOVERNOR:


RALPH MUNRO

Secretary of State


INTRODUCTION AND FIRST READING

 

SCR 8420          by Senators McDonald, Snyder, Sellar and Loveland

 

Limiting the 1997 First Special Session to matters concerning the authority of police Officers to conduct criminal background checks.

MOTION


      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8420 was advanced to second reading and read the second time.


SENATE CONCURRENT RESOLUTION NO. 8420


      WHEREAS, It is of paramount importance to the citizens of the State of Washington that the legislature deal with the issue of the authority of police officers to conduct criminal background checks in certain situations; and

      WHEREAS, It is important that the legislature conduct the business of the 1997 First Special Session in an orderly and expeditious manner;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the subject matter to be considered during this 1997 First Special Session of the Fifty-Fifth Legislature be limited to legislation to address the recent Washington State Supreme Court opinion in State v. Rife relative to the authority of police officers to conduct criminal background checks; and

      BE IT FURTHER RESOLVED, By the Senate, the House concurring, That during the 1997 First Special Session a bill which addresses the authority of police officers to conduct criminal background checks may be jointly sponsored by a member or members of the House of Representatives and a member or members of the Senate and that the course of Senate Bills and House Bills that are jointly sponsored is governed by the Permanent Rules of the Senate or the House of Representatives, as the case may be, and any concurrent resolution adopting procedures for the course of bills; and

      BE IT FURTHER RESOLVED, That before a jointly sponsored bill may be dropped into the hopper during this 1997 First Special Session, it must be available to the Secretary of the Senate, in the case of a House bill, and the Chief Clerk, in the case of a Senate bill, for members to sign as cosponsors, and before producing a jointly sponsored bill the Office of the Code Reviser must have received a written request signed by either the Secretary of Senate or the Chief Clerk of the House, and the leader of the caucus whose member is the first sponsor of the bill; and

      BE IT FURTHER RESOLVED, That the legislature shall adjourn Sine Die September 17, 1997.


MOTION


      On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8420 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      SENATE CONCURRENT RESOLUTION NO. 8420 was adopted by voice vote.


MOTION


      On motion of Senator Johnson, Senate Concurrent Resolution No. 8420 was immediately transmitted to the House of Representatives.


PERSONAL PRIVILEGE


      Senator Sellar: “A point of personal privilege. Many of you know Phil Moeller who has been with the Energy and Utilities Committee here for a number of years. Phil is taking a new assignment and will be leaving us. Phil came to us in the Senate in 1985; he is a graduate of Stanford University and grew up in the Spokane area. He worked at times for Senator Guess, as well as Senator Benitz. Then with his exposure he gained in research, he moved into the Senate Committee Services staff for Energy and Utilities--and has done a great job on those issues. He has done such a great job that Slade Gorton has picked him up to go back to Washington D.C. and be his advisor on energy issues. We think that is a great opportunity for us here in Washington--to have someone who understands Washington energy and utilities on Slade's staff. I just wanted to say that we all wish Phil well and we are going to miss him very much.”


REMARKS BY THE PRESIDENT


      President Owen: “Senator Sellar, I have worked with Phil Moeller for a number of years and he has done an excellent job in his capacity and there he is, ladies and gentlemen. You have done a great job, Phil.”


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Phil Moeller, who was standing in the wings.


PERSONAL PRIVILEGE


      Senator Swanson: “A point of personal a privilege, Mr. President. Members of the Senate, as you know, my bid for the reelection was unsuccessful. I wanted to share with you what a rewarding experience this has been. It was a tremendous education for me. It is not very often that a girl from the cotton fields back home makes it to such a distinguished place. It has been a pleasure. Thank you very much for allowing me to share this with you.”


HAPPY BIRTHDAY


      Senator Thibaudeau announced that today was Senator Wojahn's birthday and the Senators joined in singing Happy Birthday to Senator Wojahn.


MOTION


      At 3:48 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.


       The Senate was called to order at 3:53 p.m. by President Owen.


MOTION


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


MESSAGE FROM THE HOUSE

September 17, 1997

MR. PRESIDENT:

      The House has adopted Senate Concurrent Resolution No. 8420, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SENATE CONCURRENT RESOLUTION NO. 8420.


MESSAGE FROM THE HOUSE

September 17, 1997

MR. PRESIDENT:

      The House has passed House Bill No. 3902, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION


      On motion of Senator Johnson, the Senate advanced to the fifth order of business.


INTRODUCTION AND FIRST READING OF HOUSE BILL

 

HB 3902            by Representatives Lisk and Appelwick and Senators McDonald and Snyder (by request of Governor Locke)

 

Restoring the authority of law enforcement officers to check for outstanding warrants when making traffic infraction stops (Introduced with Senate sponsors).


MOTIONS


      On motion of Senator Johnson, the rules were suspended, House Bill No. 3902 was advanced to second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, House Bill No. 3902 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 House Bill No. 3902.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 3902 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Franklin, Fraser, Goings, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 42.       Voting nay: Senators Hochstatter and Stevens - 2.      Excused: Senators Finkbeiner, Hale, McCaslin, Newhouse and Prentice - 5         HOUSE BILL NO. 3902, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Johnson, House Bill No. 3902 was immediately transmitted to the House of Representatives.


MOTION

 

      At 4:33 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 4:57 p.m. by President Owen.


MOTION


      On motion of Senator Johnson, the Senate returned to the fourth order of business.


MESSAGES FROM THE HOUSE

September 17, 1997

MR. PRESIDENT:

      The Speaker has signed HOUSE BILL NO. 3902, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


September 17, 1997

MR. PRESIDENT:

      The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8420, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk




SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE BILL NO. 3902.


MESSAGE FROM THE HOUSE

September 17, 1997

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4425, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


MOTION


      On motion of Senator Johnson, the Senate advanced to the fifth order of business.


INTRODUCTION AND FIRST READING OF HOUSE BILL

 

HCR 4425          by Representatives Lisk and Appelwick

 

Adjourning the Legislature.


MOTIONS


      On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4425 was advanced to second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, House Concurrent Resolution No. 4425 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      HOUSE CONCURRENT RESOLUTION NO. 4425 was adopted by voice vote.


MOTION


      On motion of Senator Johnson, House Concurrent Resolution No. 4425 was immediately transmitted to the House of Representatives.


HISTORICAL SIGNIFICANCE


      Senator Snyder: “I wanted to point out that I made a remark the other day that maybe we could have the shortest session in history. I asked our Journal Clerk, Mary Wiley, to go back and look up the shortest session on record and that was September 10, 1983. The session convened at 10:00 a.m. and adjourned at 11:47 a.m. It was an hour and forty-seven minutes long and that was when they came in to set a special primary election after the death of Senator Jackson. So, if we adjourn before 5:17 p.m., we will set a record for the shortest session in history. That is the trivia of the day.”


MOTION


      On motion of Senator Johnson, the Senate returned to the fourth order of business.


MESSAGE FROM THE HOUSE

September 17, 1997

MR. PRESIDENT:

      The Speaker has signed HOUSE CONCURRENT RESOLUTION NO. 4425, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk.


SIGNED BY THE PRESIDENT


      The President signed:

      HOUSE CONCURRENT RESOLUTION NO. 4425.


MOTION


      On motion of Senator Johnson, the Senate Journal for the first day of the First Special Session of the Fifty-fifth Legislature was approved.


MOTION


      At 5:10 p.m., on motion of Senator Johnson, the 1997 First Special Session of the Fifty-fifth Legislature adjourned SINE DIE.


BRAD OWEN, President of the Senate


MIKE O'CONNELL, Secretary of the Senate