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FIFTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Olympia, Tuesday, March 6, 2001
The Senate was called to order at 8:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Finkbeiner, Hargrove, Horn, McDonald, Rasmussen, Roach, Tim Sheldon, Swecker and Thibaudeau. On motion of Senator Honeyford, Senators Finkbeiner, Horn, McDonald, Roach and Swecker were excused. On motion of Senator Eide, Senators Brown, Hargrove, Tim Sheldon and Thibaudeau were excused.
The Sergeant at Arms Color Guard, consisting of Don Hurst and Mike Fredricks, presented the Colors. Reverend John Stroeh, pastor of the Lutheran Church of the Good Shepherd in Olympia, 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.
INTRODUCTION AND FIRST READING
SB 6139 by Senators Patterson, Constantine, Fairley and Eide
AN ACT Relating to school construction taxation; adding a new section to chapter 82.32 RCW; and creating a new section.
Referred to Committee on Ways and Means.
SECOND READING
SENATE BILL NO. 5054, by Senators Johnson and Constantine
Modifying the rule against perpetuities.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5054 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5054.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5054 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, West, Winsley and Zarelli - 39.
Absent: Senator Rasmussen - 1.
Excused: Senators Brown, Finkbeiner, Hargrove, Horn, McDonald, Roach, Sheldon, T., Swecker and Thibaudeau - 9.
SENATE BILL NO. 5054, 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 Eide, Senator Rasmussen was excused.
SECOND READING
SENATE BILL NO. 5206, by Senators Gardner, Prentice, Winsley and Fraser (by request of Department of Licensing)
Modifying geologist licensing provisions.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5206 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5206.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5206 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 44.
Excused: Senators Finkbeiner, Hargrove, McDonald, Rasmussen and Thibaudeau - 5.
SENATE BILL NO. 5206, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5426, by Senators Patterson, Costa, McCaslin, Constantine and Kline
Authorizing a filing fee surcharge for funding county law libraries.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5426 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5426.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5426 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 9; Absent, 0; Excused, 5.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel and Winsley - 35.
Voting nay: Senators Benton, Hewitt, Hochstatter, Honeyford, Morton, Stevens, Swecker, West and Zarelli - 9.
Excused: Senators Finkbeiner, Hargrove, McDonald, Rasmussen and Thibaudeau - 5.
SENATE BILL NO. 5426, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5156, by Senators Hale and Hewitt (by request of Administrator for the Courts)
Creating an additional superior court position for the counties of Benton and Franklin jointly.
The bill was read the second time.
MOTIONS
On motion of Senator Hale, the following amendment was adopted:
On page 1, line 17, after "only if" insert ", prior to May 1, 2006,"
Renumber the sections consecutively and correct any internal references accordingly.
On motion of Senator Hale, the rules were suspended, Engrossed Senate Bill No. 5156 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 Senate Bill No. 5156.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5156 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
ENGROSSED SENATE BILL NO. 5156, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5122, by Senators Costa, Long and Hargrove
Revising procedures and standards for commitment of sexually violent predators.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 5122 was substituted for Senate Bill No. 5122 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the following amendments by Senators Costa, Hargrove and Long were considered simultaneously and were adopted:
On page 14, line 1, after "(ii)" strike "conditions cannot be imposed" and insert "does not include conditions"
On page 15, line 13, after "(b)" strike "conditions cannot be imposed" and insert "does not include conditions"
On page 15, line 19, after "((will))" strike "conditions can be imposed" and insert "includes conditions"
MOTION
On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5122 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. 5122.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5122 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5416, by Senators Patterson, Stevens, Long, Hargrove, Rossi, Winsley, McAuliffe and Rasmussen
Requiring identification of drug-affected infants and providing treatment services to their mothers.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5416 was substituted for Senate Bill No. 5416 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5416 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5416.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5416 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SUBSTITUTE SENATE BILL NO. 5416, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5047, by Senators Long, Costa, Hargrove and Carlson (by request of Department of Corrections)
Authorizing the department of corrections to detain, search, or remove persons who enter correctional facilities or institutional grounds.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5047 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5047.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5047 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 45.
Voting nay: Senator Fairley - 1.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SENATE BILL NO. 5047, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5114, by Senators Horn, T. Sheldon, Hochstatter, Hargrove, Costa, Roach, Oke, Haugen, Zarelli, Regala, Fairley, Snyder, Morton, Benton, Constantine, Johnson, Stevens, McDonald, B. Sheldon, Sheahan, Long, Gardner and Rossi
Modifying motorcycle provisions.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 5114 was substituted for Senate Bill No. 5114 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5114 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5114.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5114 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SUBSTITUTE SENATE BILL NO. 5114, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5126, by Senators Spanel, Patterson, Morton, McDonald, Regala, Gardner, Fraser, Rasmussen and Oke
Regarding technical and clarifying amendments to the pipeline safety act of 2000.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5126 was substituted for Senate Bill No. 5126 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5126 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5126.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5126 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SUBSTITUTE SENATE BILL NO. 5126, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5108, by Senators T. Sheldon, Benton, Snyder, Hargrove, Sheahan, Gardner, Rasmussen and Stevens
Modifying provisions relating to the growing of short-rotation hardwood trees on agricultural land.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5108 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5108.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5108 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SENATE BILL NO. 5108, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5013, by Senators McCaslin, Haugen and Long
Clarifying the definition of "persistent offender."
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5013 was substituted for Senate Bill No. 5013 and the substitute bill was placed on second reading and read the second time.
Senator Costa moved that the following striking amendment by Senators Costa, McCaslin and Long be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that an ambiguity may exist regarding whether out-of-state convictions or convictions under prior Washington law, for sex offenses that are comparable to current Washington offenses, count when determining whether an offender is a persistent offender. This act is intended to clarify the legislature's intent that out-of-state convictions for comparable sex offenses and prior Washington convictions for comparable sex offenses shall be used to determine whether an offender meets the definition of a persistent offender.
Sec. 2. RCW 9.94A.030 and 2000 c 28 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.145, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.120(2)(b), 9.94A.650 through 9.94A.670, 9.94A.137, 9.94A.700 through 9.94A.715, or 9.94A.383, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.
(5) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.040, for crimes committed on or after July 1, 2000.
(6) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(7) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(8) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(9) "Confinement" means total or partial confinement.
(10) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.
(13) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(14) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(15) "Department" means the department of corrections.
(16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(17) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(18) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(19) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(20) "Earned release" means earned release from confinement as provided in RCW 9.94A.150.
(21) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(22) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(23) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(24) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(25) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(26) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(27) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault;
(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual motivation;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.
(28) "Nonviolent offense" means an offense which is not a violent offense.
(29) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(30) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.
(31) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (31)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.
(32) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(33) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(34) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.
(35) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(36) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(37) "Sex offense" means:
(a) A felony that is a violation of:
(i) Chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) RCW 9A.64.020;
(iii) RCW 9.68A.090; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(38) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(39) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(40) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(41) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(42) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(43) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(44) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(45) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.135.
(46) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.137 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(47) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Costa, McCaslin and Long to Substitute Senate Bill No. 5013.
The motion by Senator Costa carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.030; and creating a new section."
On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5013 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. 5013.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5013 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5013, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5270, by Senators Costa, Long, Gardner, Carlson and Kohl-Welles
Modifying requirements for certain victims of sexually violent predators to be eligible for victims' compensation.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 5270 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5270.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5270 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SENATE BILL NO. 5270, 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.
PERSONAL PRIVILEGE
Senator Costa: “Mr. President, I rise to a point of personal privilege. I know that we are in unusual circumstances and you do have some very strict rules of decorum on the floor of the Senate. However, since we are in such close quarters and we are not used to this, I am wondering if you might indulge us and loosen those rules a little bit and allow me to pass out some breath mints to some of my colleagues on the floor.”
REPLY BY THE PRESIDENT
President Owen: “The President has never had any stringent rules on breath mints. He is in complete and total support of that act of kindness.”
Senator Costa: “Thank you, Mr. President.”
SECOND READING
SENATE BILL NO. 5591, by Senators Zarelli, Kline, Costa, McCaslin and Kohl-Welles
Providing a sole caregiver jury duty exemption.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 5591 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5591.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5591 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SENATE BILL NO. 5591, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
POINT OF ORDER
Senator Tim Sheldon: “A point of order, Mr. President. I know it is an unusual circumstances, but perhaps there could be some kind of semeiology or sign language for my seat mate here, Senator Regala. Because of her voice problem, perhaps some type of signal could be used for her voting today.”
REPLY BY THE PRESIDENT
President Owen: “I understand that we are in the situation where we have a political person without a voice. Senator Regala, we will figure something out to accommodate you.”
SECOND READING
SENATE BILL NO. 5552, by Senators Carlson, Kohl-Welles, Hale, B. Sheldon, Hewitt, Sheahan, Shin, Zarelli, Parlette and Horn
Expanding border county higher education opportunities.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5552 was substituted for Senate Bill No. 5552 and the substitute bill was placed on second reading and read the second time.
Debate ensued.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5552 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5552.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5552 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SUBSTITUTE SENATE BILL NO. 5552, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT RESOLUTION NO. 8209, by Senators Snyder, West, Prentice, Winsley and Rossi (by request of State Investment Board)
Investing state investment board funds.
The joint resolution was read the second time.
MOTION
Senator Snyder moved that the following amendment by Senators Snyder and West be adopted:
On page 1, beginning on line 8, strike all material through "law." on line 14, and insert the following:
"Article XXIX, section 1. Notwithstanding the provisions of sections 5, and 7 of Article VIII and section 9 of Article XII or any other section or article of the Constitution of the state of Washington, the moneys of any public pension or retirement fund, industrial insurance trust fund, ((or)) fund held in trust for the benefit of persons with developmental disabilities, or any other fund or account placed by law under the investment authority of the state investment board may be invested as authorized by law."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Snyder and West on page 1, beginning on line 8, to Senate Joint Resolution No. 8209.
The motion by Senator Snyder carried and the amendment was adopted.
MOTION
On motion of Senator Snyder, the rules were suspended, Engrossed Senate Joint Resolution No. 8209 was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Resolution No. 8209.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Resolution No. 8209 and the joint resolution passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, West, Winsley and Zarelli - 43.
Voting nay: Senators Hochstatter, Stevens and Swecker - 3.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
ENGROSSED SENATE JOINT RESOLUTION NO. 8209, having received the constitutional two-thirds majority, was declared passed.
SECOND READING
SENATE BILL NO. 5393, by Senators Long, Kline and Kohl-Welles (by request of Administrator for the Courts)
Revising provisions relating to truancy records.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 5393 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5393.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5393 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SENATE BILL NO. 5393, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5049, by Senators Kohl-Welles, Hargrove, Stevens, Zarelli, Costa and Long
Providing limitations on placement of a child in out-of-home care when a conflict of interest exists.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5049 was substituted for Senate Bill No. 5049 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5049 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5049.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5049 and the bill passed the Senate by the following vote:
Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
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.
SECOND READING
SENATE BILL NO. 5246, by Senators Jacobsen, Oke, Spanel, Swecker, Gardner, Regala and Parlette (by request of Salmon Recovery Funding Board)
Adjusting deadlines for salmon recovery grant applications.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5246 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5246.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5246 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.
Excused: Senators Finkbeiner, McDonald and Thibaudeau - 3.
SENATE BILL NO. 5246, 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 Honeyford, Senator Zarelli was excused.
SECOND READING
SENATE BILL NO. 5077, by Senators Haugen and Rasmussen
Modifying the provisional employment of sheriff's employees.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5077 was substituted for Senate Bill No. 5077 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5077 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5077.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5077 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 46.
Excused: Senators Finkbeiner, Thibaudeau and Zarelli - 3.
SUBSTITUTE SENATE BILL NO. 5077, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5256, by Senators Kastama and Regala
Enacting the emergency management assistance compact.
The bill was read the second time.
MOTION
On motion of Senator Kastama, the rules were suspended, Senate Bill No. 5256 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5256.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5256 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 46.
Excused: Senators Finkbeiner, Thibaudeau and Zarelli - 3.
SENATE BILL NO. 5256, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5017, by Senators Franklin, Winsley and Regala
Regulating sale of larger quantities of ephedrine and derivatives.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5017 was substituted for Senate Bill No. 5017 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the following amendment by Senators Franklin and Kline was adopted:
On page 10, beginning on line 5, strike all of section 14, and insert the following:
"NEW SECTION. Sec. 14. A new section is added to chapter 69.43 RCW to read as follows:
(1) To prevent violations of section 9 of this act, every licensee and registrant under chapter 18.64 RCW, who sells at retail any products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, shall do either or may do both of the following:
(a) Program scanners, cash registers, or other electronic devices used to record sales in a manner that will alert persons handling transactions to potential violations of section 9(1) of this act and/or prevent such violations; or
(b) Place one or more signs on the premises to notify customers of the prohibitions of section 9 of this act. Any such sign may, but is not required to, conform to the language and format prepared by the department of health under subsection (2) of this section.
(2) The department of health shall prepare language and format for a sign summarizing the prohibitions in sections 9 and 10 of this act and make the language and format available to licensees and registrants under chapter 18.64 RCW, for voluntary use in their places of business to inform customers and employees of the prohibitions. Nothing in this section requires the department of health to provide licensees or registrants with copies of signs, or any licensee or registrant to use the specific language or format prepared by the department under this subsection."
MOTION
On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5017 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. 5017.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5017 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 39.
Voting nay: Senators Brown, Constantine, Fairley, Haugen, Kohl-Welles, McAuliffe and Morton - 7.
Excused: Senators Finkbeiner, Thibaudeau and Zarelli - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5017, 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.
PERSONAL PRIVILEGE
Senator West: “A point of personal privilege, Mr. President. Last night, the pride of the Pacific Northwest--The Cinderella Kids from Spokane, Gonzaga University-- got their invitation again to the big dance, the March Madness. They defeated Santa Clara seventy to sixty-seven. There was a shot at the buzzer that almost tied the game. Fortunately, Santa Clara was off and Gonzaga won. This is the third year in a row that Gonzaga has won the West Coast Conference. That is unprecedented in the West Coast Conference. So, once again we are very proud of those young men from that Gonzaga team and the entire school. We don’t know yet who they will be seeded against or where they will be, but I am sure that we will follow that closely and some of us may try and be absent one day if at all possible. I just thought Senator Betti Sheldon from Bremerton would be very interested in that news, since I think she and I are the only alumni on the floor.”
PERSONAL PRIVILEGE
Senator Patterson: “A point of personal privilege, Mr. President. This arrangement is working and I think our staff has done a fantastic job. I understand that they were here over the weekend when we were all at home recuperating from the earthquake. They were all here working long hours to make it possible for the Washington State Senate to continue. I think it works and I think we should all thank these folks for all the time and effort they put into making this possible for the people of the state of Washington. I’m impressed. To the staff that gave up their weekend, I thank you.”
MOTION
At 10:30 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Wednesday, March 7, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate