WHEREAS, Puget Sound Energy's Green Power Program offers the use of environmentally friendly and renewable energy sources, such as wind, solar, and biomass to its customers; and

      WHEREAS, Western Washington University and The Evergreen State College students voted overwhelmingly to implement student fees in order to purchase 100% renewable energy; and

      WHEREAS, The United States Environmental Protection Agency and the United States Department of Energy awarded Western Washington University the 2005 National Green Power Leadership Award, and recognized its achievement as one of the Top 25 leaders in the transition to renewable energy; and

      WHEREAS, Western Washington University is Puget Sound Energy's top purchaser of Green Power; and

      WHEREAS, The Evergreen State College and its students were commended by Puget Sound Energy for their 100% commitment to Green Power; and

      WHEREAS, Western Washington University and The Evergreen State College each received a "Power Player Award" sponsored by Puget Sound Energy and Seattle City Light for their commitment to environmental stewardship;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate commend The Evergreen State College and Western Washington University for exemplary implementation of earth-friendly energy sources; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Western Washington University and The Evergreen State College.

      Senators Spanel, Fraser, Swecker and Franklin spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8706.

      The motion by Senator Spanel carried and the resolution was adopted by voice vote.

MOTION

At 11:50 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

AFTERNOON SESSION

The Senate was called to order at 1:59 p.m. by President Owen.

MOTION

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Eide moved that Gubernatorial Appointment No. 9234, Elizabeth Chen, as a member of the Board of Trustees, Highline Community College District No. 9, be confirmed.

      Senators Eide and Keiser spoke in favor of the motion.

MOTION

On motion of Senator Regala, Senators Haugen, Poulsen, Thibaudeau and Brown were excused.

MOTION

On motion of Senator Schoesler, Senators Johnson, Morton, Stevens, Honeyford, Brandland and Delvin were excused.

APPOINTMENT OF ELIZABETH CHEN

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9234, Elizabeth Chen as a member of the Board of Trustees, Highline Community College District No. 9.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9234, Elizabeth Chen as a member of the Board of Trustees, Highline Community College District No. 9 and the appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 4; Excused, 5.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hargrove, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 40

      Absent: Senators Benson, Franklin, Hewitt and Kastama - 4

      Excused: Senators Brown, Deccio, Haugen, Poulsen and Thibaudeau - 5

Gubernatorial Appointment No. 9234, Elizabeth Chen, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Highline Community College District No. 9.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Eide moved that Gubernatorial Appointment No. 9396, Karen Vander Ark, as a member of the Board of Trustees, Highline Community College District No. 9, be confirmed.

      Senator Eide spoke in favor of the motion.

MOTION

On motion of Senator Weinstein, Senator Doumit was excused.

MOTION

On motion of Senator Schoesler, Senator Hewitt was excused.

APPOINTMENT OF KAREN VANDER ARK

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9396, Karen Vander Ark as a member of the Board of Trustees, Highline Community College District No. 9.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9396, Karen Vander Ark as a member of the Board of Trustees, Highline Community College District No. 9 and the appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 42

      Excused: Senators Brown, Deccio, Doumit, Haugen, Hewitt, Poulsen and Thibaudeau - 7

Gubernatorial Appointment No. 9396, Karen Vander Ark, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Highline Community College District No. 9.

SECOND READING

      SENATE BILL NO. 6323, by Senators Regala, Swecker, Kastama and Rasmussen

      Limiting exceptions to the reporting requirements under chapter 42.17 RCW. Revised for 1st Substitute: Concerning campaign finance disclosure.

MOTIONS

      On motion of Senator Regala, Substitute Senate Bill No. 6323 was substituted for Senate Bill No. 6323 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6323 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

POINT OF INQUIRY

Senator Benton: “Would Senator Regala yield to a question? I noticed in the bill report there’s a summary of the substitute bill it actually speaks to the personal financial information. Could you clarify for me, does this bill change not only the reporting requirements for campaign contributions but also changes the law in terms of your F-1, your Personal Financial Affairs Statement as well?”

Senator Regala: “Thank you for the question. It is my understanding it does not change that requirement. Certainly is not my intention to do that but the current law would still apply, so it would only be campaign contributions.”

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6323.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6323 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 3; Absent, 2; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 39

      Voting nay: Senators Honeyford, Mulliken and Schoesler - 3

      Absent: Senators Pflug and Prentice - 2

      Excused: Senators Brown, Deccio, Doumit, Haugen and Poulsen - 5

      SUBSTITUTE SENATE BILL NO. 6323, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 2:21 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 3:40 p.m. by President Owen.

SECOND READING

      SENATE BILL NO. 6319, by Senators Regala, Brandland, Stevens, Kline, Weinstein, Doumit, Carrell, Keiser, Rockefeller, Berkey, Haugen, Fairley, Spanel, Pflug, Sheldon, Rasmussen, McAuliffe, Shin, Roach and Benton

      Changing provisions for sex offender registration.

MOTIONS

      On motion of Senator Regala, Second Substitute Senate Bill No. 6319 was substituted for Senate Bill No. 6319 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Second Substitute Senate Bill No. 6319 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala, Stevens, Hargrove, Kohl-Welles, Kline and Benson spoke in favor of passage of the bill.

      Senator Thibaudeau spoke on passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6319.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6319 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Voting nay: Senator Pridemore - 1

      Excused: Senator Deccio - 1

      SECOND SUBSTITUTE SENATE BILL NO. 6319, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6320, by Senators Regala, Brandland, Franklin, Doumit, Rasmussen, Carrell, Haugen, Pridemore, Kline, Stevens, Keiser, Berkey, Thibaudeau, Jacobsen, Pflug, Sheldon, Kohl-Welles, McAuliffe, Roach and Benton

      Revising the model policy for disclosure of sex offender information.

MOTIONS

      On motion of Senator Regala, Substitute Senate Bill No. 6320 was substituted for Senate Bill No. 6320 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6320.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6320 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Voting nay: Senator Pridemore - 1

      Absent: Senator Rockefeller - 1

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 6320, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

STATEMENT FOR THE JOURNAL

Senator Rockefeller: I was absent from the Chamber during a final vote on Substitute Senate Bill No. 6320, having stopped outside the north door to meet with constituents, and not hearing any "Roll Call!" message as is customarily delivered to enable timely return. Had I been present I would have voted "Aye". Kindly record this explanation.

SENATOR PHIL ROCKEFELLER, 23rd Legislative District

SECOND READING

      SENATE BILL NO. 6322, by Senators Regala, Brandland, Kohl-Welles, Carrell, Kastama, Stevens, Keiser, Doumit, Rockefeller, Kline, Rasmussen, Berkey, Haugen, Shin, Jacobsen, McAuliffe, Pflug, Sheldon, Roach and Benton

      Relating to electronic monitoring of sex offenders.

MOTIONS

      On motion of Senator Regala, Substitute Senate Bill No. 6322 was substituted for Senate Bill No. 6322 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6322 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala and Stevens spoke in favor of passage of the bill.

MOTION

On motion of Senator Weinstein, Senator Rockefeller was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6322.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6322 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 6322, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6144, by Senators Stevens, Benton, Carrell, Regala, Benson and Pflug

      Clarifying the effect of retroactive registration requirements on sex offenders convicted in Washington who leave and then return to the state. Revised for 1st Substitute: Changing registration requirements for sex offenders coming from outside the state who establish or reestablish Washington residency.

MOTIONS

      On motion of Senator Stevens, Substitute Senate Bill No. 6144 was substituted for Senate Bill No. 6144 and the substitute bill was placed on the second reading and read the second time.

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

      Senators Stevens and Hargrove spoke in favor of passage of the bill.

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

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6144 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Voting nay: Senator Pridemore - 1

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 6144, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6172, by Senators McAuliffe, Hargrove, Thibaudeau, Shin, Weinstein, Rockefeller, Keiser, Regala, Eide, Rasmussen and Benton

      Strengthening sex offender provisions. Revised for 2nd Substitute: Increasing penalties for specified sex offenses.

MOTIONS

      On motion of Senator Hargrove, Second Substitute Senate Bill No. 6172 was substituted for Senate Bill No. 6172 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Second Substitute Senate Bill No. 6172 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Stevens and Thibaudeau spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6172.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6172 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senators Kohl-Welles, Poulsen and Pridemore - 3

      Excused: Senator Deccio - 1

      SECOND SUBSTITUTE SENATE BILL NO. 6172, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6315, by Senators Carrell, Benton, Roach, Mulliken, Oke, Schoesler, Schmidt, Regala, Delvin, Stevens, Benson, Sheldon and Esser

      Modifying sex offender provisions. Revised for 1st Substitute: Providing liability protection for landlords.

MOTION

      On motion of Senator Hargrove, Substitute Senate Bill No. 6315 was substituted for Senate Bill No. 6315 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Carrell moved that the following striking amendment by Senator Carrell be adopted:

       Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1 The legislature finds that, in order to improve the safety of our communities, more housing needs to be made available to registered sex offenders. The legislature also finds that registered sex offenders who reside in close proximity to one another, or in the same housing or apartment unit, are less likely to reoffend. The legislature finds that having registered sex offenders reside in close proximity to each other will improve supervision and monitoring. The legislature intends to increase the housing available to sex offenders by providing that landlords who rent to registered sex offenders shall be immune from civil liability for damages that may result.

      NEW SECTION. Sec. 2 A new section is added to chapter 59.18 RCW to read as follows:
A landlord who rents to a registered sex offender is immune from civil liability for damages caused by the tenant. In order for a landlord to be protected from liability as provided under this section, a landlord must disclose to residents of the property that he or she rents or has a policy of renting to sex offenders.

      NEW SECTION. Sec. 3 (1) The Washington association of sheriffs and police chiefs shall conduct a study on sex offender registration and sex offender housing laws in every state. The study may be limited to a review and analysis of each state's laws regarding: (a) Whether and how often sex offenders are required to report in person to law enforcement; (b) whether and how often law enforcement is required to make in-person contact with registered sex offenders in the community; (c) the characteristics of sex offenders subject to registration requirements; (d) estimates on the costs and benefits of more frequent in-person contact between law enforcement and sex offenders in the community; (e) restrictions on or supports for sex offender housing units in the community regarding housing more than one offender in the same residence; and (f) the costs and benefits of permitting or encouraging housing in the community for more than one sex offender in the same residence.

       (2) The findings and any recommendations from the study shall be placed into a final report to the appropriate committees of the legislature no later than December 31, 2006."

      Senator Carrell spoke in favor of adoption of the striking amendment.

MOTION

Senator Weinstein moved that the following amendment by Senators Weinstein and Carrell to the striking amendment be adopted.

      On page 1, after "tenant" on line 17, insert the following:

 "if the actions of the tenant that gave rise to civil liability were sex offenses described in RCW 9.94A.030"

       Senators Weinstein and Carrell spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Weinstein and Carrell on page 1, line 17 to the striking amendment to Substitute Senate Bill No. 6315.

The motion by Senator Weinstein carried and the amendment to the striking amendment was adopted by voice vote.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Carrell as amended to Substitute Senate Bill No. 6315.

      The motion by Senator Carrell carried and the striking amendment as amended was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "landlords;" strike the remainder of the title and insert "adding a new section to chapter 59.18 RCW; and creating new sections."

MOTION

      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6315 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Carrell spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6315.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6315 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Deccio - 1

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6315, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6325, by Senators Regala, Kline, Fairley, Stevens, Rasmussen and McAuliffe

      Establishing residences for sex offenders. Revised for 1st Substitute: Establishing residence restrictions for sex offenders.

MOTIONS

      On motion of Senator Regala, Substitute Senate Bill No. 6325 was substituted for Senate Bill No. 6325 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6325 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6325.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6325 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 46

      Voting nay: Senators Benson and Thibaudeau - 2

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 6325, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6406, by Senators Hargrove, Stevens, Doumit, McAuliffe, Regala, Rasmussen, Benton and Oke

      Including assault of a child in the second degree in the list of two-strike offenses.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 6406 was substituted for Senate Bill No. 6406 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6406 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens spoke in favor of passage of the bill.

      Senator Kline spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6406.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6406 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Voting nay: Senators Kline, Kohl-Welles, Poulsen and Pridemore - 4

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 6406, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6409, by Senators Hargrove, Stevens, Doumit, McAuliffe, Regala, Rasmussen and Oke

      Revising provisions relating to sex offender sentencing and disposition alternatives.

MOTION

      On motion of Senator Hargrove, Substitute Senate Bill No. 6409 was substituted for Senate Bill No. 6409 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Hargrove moved that the following striking amendment by Senators Hargrove, Brandland and Stevens be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9.94A.670 and 2004 c 176 s 4 and 2004 c 38 s 9 are each reenacted and amended to read as follows:

      (1) Unless the context clearly requires otherwise, the definitions in this subsection apply to this section only.

      (a) "Alford plea" or "Newton plea" means a guilty plea in which an offender refuses to admit the commission of a criminal act or protests his or her innocence.

      (b) "Sex offender treatment provider" or "treatment provider" means a certified sex offender treatment provider or a certified affiliate sex offender treatment provider as defined in RCW 18.155.020.

      (((b))) (c) "Substantial bodily harm" means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any body part or organ, or that causes a fracture of any body part or organ.

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

      (2) An offender is eligible for the special sex offender sentencing alternative if:

      (a) The offender has been convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense. An offender pleading guilty must voluntarily admit to the commission of all the elements of the crime of conviction. An offender who enters an Alford plea or Newton plea on a sex offense shall not be eligible for the special sex offender sentencing alternative;

      (b) The offender has no prior convictions for a sex offense as defined in RCW 9.94A.030 or any other felony sex offenses in this or any other state;

      (c) The offender has no prior adult convictions for a violent offense that was committed within five years of the date the current offense was committed;

      (d) The offense did not result in substantial bodily harm to the victim;

      (e) The offender had an established relationship with, or connection to, the victim such that the sole connection with the victim was not the commission of the crime; and

      (f) The offender's standard sentence range for the offense includes the possibility of confinement for less than eleven years.

      (3) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state or the offender, may order an examination to determine whether the offender is amenable to treatment.

      (a) The report of the examination shall include at a minimum the following:

      (i) The offender's version of the facts and the official version of the facts;

      (ii) The offender's offense history;

      (iii) An assessment of problems in addition to alleged deviant behaviors;

      (iv) The offender's social and employment situation; and

      (v) Other evaluation measures used.

      The report shall set forth the sources of the examiner's information.

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

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

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

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

      (iv) Anticipated length of treatment; and

      (v) Recommended crime-related prohibitions and affirmative conditions, which must include, to the extent known, an identification of specific activities or behaviors that are precursors to the offender's offense cycle, including, but not limited to, activities or behaviors such as viewing or listening to pornography or use of alcohol or controlled substances.

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

      (4) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this alternative, consider whether the alternative is too lenient in light of the extent and circumstances of the offense, consider whether the offender has victims in addition to the victim of the offense, consider whether the offender is amenable to treatment, consider the risk the offender would present to the community, to the victim, or to persons of similar age and circumstances as the victim, and consider the victim's opinion whether the offender should receive a treatment disposition under this section. The court shall give great weight to the victim's opinion whether the offender should receive a treatment disposition under this section. If the sentence imposed is contrary to the victim's opinion, the court shall enter written findings stating its reasons for imposing the treatment disposition. The fact that the offender admits to his or her offense does not, by itself, constitute amenability to treatment. If the court determines that this alternative is appropriate, the court shall then impose a sentence or, pursuant to RCW 9.94A.712, a minimum term of sentence, within the standard sentence range. If the sentence imposed is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

       (a) The court shall order the offender to serve a term of confinement of up to twelve months or the maximum term within the standard range, whichever is less. The court may order the offender to serve a term of confinement greater than twelve months or the maximum term within the standard range based on the presence of an aggravating circumstance listed in RCW 9.94A.535(((2))) (3). In no case shall the term of confinement exceed the statutory maximum sentence for the offense. The court may order the offender to serve all or part of his or her term of confinement in partial confinement. An offender sentenced to a term of confinement under this subsection is not eligible for earned release under RCW 9.92.151 or 9.94A.728.

      (b) The court shall place the offender on community custody for the length of the suspended sentence, the length of the maximum term imposed pursuant to RCW 9.94A.712, or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department under RCW 9.94A.720.

      (c) The court shall order treatment for any period up to five years in duration. The court, in its discretion, shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court. If any party or the court objects to a proposed change, the offender shall not change providers or conditions without court approval after a hearing.

      (d) As conditions of the suspended sentence, the court shall impose specific prohibitions and affirmative conditions relating to the known precursor activities or behaviors identified in the proposed treatment plan under subsection (3)(b)(v) of this section or identified in an annual review under subsection (7)(b) of this section.

      (5) As conditions of the suspended sentence, the court may impose one or more of the following:

      (a) Crime-related prohibitions;

      (b) Require the offender to devote time to a specific employment or occupation;

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

      (d) Require the offender to report as directed to the court and a community corrections officer;

      (e) Require the offender to pay all court-ordered legal financial obligations as provided in RCW 9.94A.030;

      (f) Require the offender to perform community restitution work; or

      (g) Require the offender to reimburse the victim for the cost of any counseling required as a result of the offender's crime.

      (6) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment.

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

      (b) The court shall conduct a hearing on the offender's progress in treatment at least once a year. At least fourteen days prior to the hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender's supervision and treatment. At the hearing, the court may modify conditions of community custody including, but not limited to, crime-related prohibitions and affirmative conditions relating to activities and behaviors identified as part of, or relating to precursor activities and behaviors in, the offender's offense cycle or revoke the suspended sentence.

      (8) At least fourteen days prior to the treatment termination hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender's supervision and treatment. Prior to the treatment termination hearing, the treatment provider and community corrections officer shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community custody conditions. The court may order an evaluation regarding the advisability of termination from treatment by a sex offender treatment provider who may not be the same person who treated the offender under subsection (4) of this section or any person who employs, is employed by, or shares profits with the person who treated the offender under subsection (4) of this section unless the court has entered written findings that such evaluation is in the best interest of the victim and that a successful evaluation of the offender would otherwise be impractical. The offender shall pay the cost of the evaluation. At the treatment termination hearing the court may: (a) Modify conditions of community custody, and either (b) terminate treatment, or (c) extend treatment in two-year increments for up to the remaining period of community custody.

      (9)(a) If a violation of conditions other than a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities imposed under subsection (4)(d) or (7)(b) of this section occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.737(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in subsections (6) and (8) of this section.

      (b) If a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities imposed under subsection (4)(d) or (7)(b) of this section occurs during community custody, the department shall refer the violation to the court and recommend revocation of the suspended sentence as provided in subsection (10) of this section.

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

      (11) The offender's sex offender treatment provider may not be the same person who examined the offender under subsection (3) of this section or any person who employs, is employed by, or shares profits with the person who examined the offender under subsection (3) of this section, unless the court has entered written findings that such treatment is in the best interests of the victim and that successful treatment of the offender would otherwise be impractical. Examinations and treatment ordered pursuant to this subsection shall only be conducted by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court finds that:

      (a) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; or

      (b)(i) No certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home; and

      (ii) The evaluation and treatment plan comply with this section and the rules adopted by the department of health.

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

      Sec. 2. RCW 13.40.160 and 2004 c 120 s 4 and 2004 c 38 s 11 are each reenacted and amended to read as follows:

      (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

      (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsection (2), (3), (4), (5), or (6) of this section. The disposition may be comprised of one or more local sanctions.

      (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6) of this section.

      (2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

       A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

      (3) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

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

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

      (a)(i) Frequency and type of contact between the offender and therapist;

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

      (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

      (iv) Anticipated length of treatment; and

      (v) Recommended crime-related prohibitions.

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

      After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. An offender pleading guilty must voluntarily admit to the commission of all the elements of the crime of conviction. An offender who enters an Alford plea or Newton plea on a sex offense shall not be eligible for the special sex offender sentencing alternative. If the court otherwise determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

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

      (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

      (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

       (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

      (v) Report as directed to the court and a probation counselor;

      (vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;

      (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

      (viii) Comply with the conditions of any court-ordered probation bond; or

      (ix) The court shall order that the offender shall not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.

      The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

      At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

      Except as provided in this subsection (3), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (3) and the rules adopted by the department of health.

      If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

      For purposes of this section, "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. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

      A disposition entered under this subsection (3) is not appealable under RCW 13.40.230.

      (4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.

      (5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under RCW 13.40.167.

      (6) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court in a county with a pilot program under RCW 13.40.169 may impose the disposition alternative under RCW 13.40.169.

      (7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(2)(a)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

      (8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

      (9) Except as provided under subsection (3), (4), (5), or (6) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.

      (10) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense."

      Senator Hargrove spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Brandland and Stevens to Substitute Senate Bill No. 6409.

      The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "prohibiting offenders who enter Alford pleas or Newton pleas from receiving special sex offender sentencing and disposition alternatives; reenacting and amending RCW 9.94A.670 and 13.40.160; and prescribing penalties."

MOTION

      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6409 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6409.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6409 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Deccio - 1

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6409, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6576, by Senators Hargrove, Brandland, Rasmussen and McAuliffe

      Clarifying procedures for forwarding sex offender information.

      The measure was read the second time.

MOTION

      On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 6576 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6576.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6576 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Deccio - 1

      SENATE BILL NO. 6576, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6580, by Senators McAuliffe, Schmidt, Weinstein, Carrell, Berkey, Rasmussen, Oke and Shin

      Creating work groups to evaluate issues relating to juvenile sex offenders and kidnapping offenders in schools.

MOTION

      On motion of Senator Hargrove, Substitute Senate Bill No. 6580 was substituted for Senate Bill No. 6580 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator McAuliffe moved that the following striking amendment by Senator McAuliffe be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The office of the superintendent of public instruction shall convene a work group to develop a model policy for schools to follow when they receive notification pursuant to RCW 9A.44.130. The model policy must address, among other issues:

      (a) The designation of appropriate school personnel to receive notification of information received pursuant to RCW 9A.44.130;

      (b) Identification of school personnel who are in a position to recognize high-risk situations or factors that may indicate the offender is encountering difficulty in controlling his or her behavior;

      (c) Whether some portion of the records received from the juvenile rehabilitation administration or court personnel is confidential or otherwise protected;

      (d) To whom some portion of the information received must or should be disclosed;

      (e) How to assist juvenile offenders in making a safe and successful transition from institutional schools to public schools;

      (f) How to work with juvenile probation and juvenile parole professionals in implementing a safety plan;

      (g) What actions school authorities may take when they identify high-risk situations, both for the short-term and long-term safety of other students; and

      (h) Variations in approaches depending on the offender level of the enrolled offender.

      (2) In carrying out its duties under this section, the office of the superintendent of public instruction shall consult, as appropriate, with representatives from other agencies and professional organizations, including:

      (a) The Washington state school directors association;

       (b) The department of corrections;

      (c) County sheriffs' offices;

      (d) Prosecuting attorneys;

      (e) Juvenile probation counselors;

      (f) Juvenile court administrators;

      (g) The juvenile rehabilitation administration of the department of social and health services;

      (h) Elementary and secondary school districts;

      (i) Educational service districts;

      (j) The Washington association of school administrators;

      (k) The Washington state parent-teacher association;

      (l) Parents and guardians of school-age children;

      (m) Washington coalition of sexual assault programs; and

      (n) Other individuals with related experience as deemed appropriate.

      (3) The office of the superintendent of public instruction shall submit to appropriate committees of the legislature a final report and recommendations by November 15, 2006.

      (4) This section expires July 1, 2007.

      NEW SECTION. Sec. 2. The Washington coalition of sexual assault programs, in consultation with the Washington association of sheriffs and police chiefs, the Washington association of prosecuting attorneys, and the office of the superintendent of public instruction, shall develop educational materials to be made available throughout the state to inform parents and other interested community members about:

      (1) The laws related to sex offenses, including registration, community notification and the classification of sex offenders based on an assessment of the risk of reoffending;

      (2) How to recognize behaviors characteristic of sex offenses and sex offenders;

      (3) How to prevent victimization, particularly that of young children;

      (4) How to take advantage of community resources for victims of sexual assault; and

      (5) Other information as deemed appropriate.

      NEW SECTION. Sec. 3. If specific funding for the purposes of section 2 of this act, referencing section 2 of this act by bill or chapter number and section number is not provided by June 30, 2006, in the omnibus appropriations act, section 2 of this act is null and void."

      Senators McAuliffe and Hargrove spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator McAuliffe to Substitute Senate Bill No. 6580.

      The motion by Senator McAuliffe carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

MOTION

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 6580 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6580.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6580 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Deccio - 1

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6580, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6775, by Senators Hargrove, Stevens, Rasmussen and McAuliffe

      Creating the crime of criminal trespass against children.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 6775 was substituted for Senate Bill No. 6775 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6775 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove, Stevens and Pflug spoke in favor of passage of the bill.

      Senator Kohl-Welles spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6775.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6775 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Voting nay: Senators Kline, Kohl-Welles, Poulsen and Rockefeller - 4

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 6775, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6460, by Senators Hargrove, Stevens, McCaslin, McAuliffe, Keiser, Rasmussen, Benton, Roach and Oke

      Increasing penalties for crimes committed with sexual motivation.

MOTIONS

      On motion of Senator Hargrove, Second Substitute Senate Bill No. 6460 was substituted for Senate Bill No. 6460 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Second Substitute Senate Bill No. 6460 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens spoke in favor of passage of the bill.

      Senator Kohl-Welles spoke against passage of the bill.

MOTION

On motion of Senator Regala, Senator Thibaudeau was excused.

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6460.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6460 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 42

      Voting nay: Senators Fraser, Kline, Kohl-Welles, Poulsen, Pridemore and Thibaudeau - 6

      Excused: Senator Deccio - 1

      SECOND SUBSTITUTE SENATE BILL NO. 6460, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 5:29 p.m., on motion of Senator Eide, the Senate was declared to be recessed until 7:00 p.m.

EVENING SESSION

The Senate was called to order at 7:00 p.m. by President Owen.

SECOND READING

      SENATE BILL NO. 6465, by Senators McAuliffe, Berkey, Haugen, Fairley, Shin, Rockefeller, Hargrove, Rasmussen, Franklin, Thibaudeau and Regala

      Changing provisions relating to sex offenders. Revised for 1st Substitute: Creating the crime of failure to cooperate with law enforcement regarding another's failure to register.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 6465 was substituted for Senate Bill No. 6465 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6465 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Kline and Brandland spoke in favor of passage of the bill.

MOTION

On motion of Senator Schoesler, Senators Mulliken, Parlette, McCaslin, Pflug and Stevens were excused.

POINT OF INQUIRY

Senator Morton: “Would the gentleman from Hoquiam, Aberdeen yield to a question? Senator Hargrove, would you refresh me please as to the boundaries of a….this is a Class C felony. What are the sentences that are identified with a Class C felony?"

Senator Hargrove: “Unranked, I believe, is up to a year in prison. Unranked Class C felony is up to a year in prison. And again just to clarify....unranked? I don't think so. Well, the Judiciary Chair is telling me something else, but he is often wrong. The other thing that I want to make clear is you have to have an intent to be concealing something from the police here. So it’s not like you see some guy crossing the street that’s your neighbor and you wonder, 'Gee, is that a sex offender? Should I call the police? That’s not going to be a crime. So if they come looking for him and the police is asking and you're trying to help him elude. So you do have to prove that intent too to get this.”

MOTION

On motion of Senator Regala, Senators Prentice and Fairley were excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6465.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6465 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Voting nay: Senator Pridemore - 1

      Absent: Senator Delvin - 1

      Excused: Senators Deccio, McCaslin and Parlette - 3

      SUBSTITUTE SENATE BILL NO. 6465, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6478, by Senators Regala, Hargrove, McAuliffe, Keiser and Rasmussen

      Creating sexual assault protection orders.

MOTIONS

      On motion of Senator Regala, Substitute Senate Bill No. 6478 was substituted for Senate Bill No. 6478 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6478 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

MOTION

On motion of Senator Schoesler, Senator Delvin was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6478.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6478 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Deccio, Delvin, McCaslin and Parlette - 4

      SUBSTITUTE SENATE BILL NO. 6478, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Oke: “Thank you Mr. President. I think we need to take a break from all these sex bills. I just wanted everybody to know the noise heard out there is our graduating students from the State Patrol. Tomorrow, it’s official. So it’s not a rowdy bunch, it’s just folks celebrating after their schools.”

SECOND READING

      SENATE BILL NO. 6479, by Senators Regala, McAuliffe and Kline

      Revising the privilege for sexual assault advocates.

      The measure was read the second time.

MOTION

      On motion of Senator Kline, the rules were suspended, Senate Bill No. 6479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline, Johnson and Hargrove spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6479.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6479 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Deccio, Delvin, McCaslin and Parlette - 4

      SENATE BILL NO. 6479, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6502, by Senators Roach, Kohl-Welles, Weinstein, Kline, McCaslin, Benton and Rasmussen

      Creating a statewide automated victim information and notification system.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 6502 was substituted for Senate Bill No. 6502 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6502 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Roach and Hargrove spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6502.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6502 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senator Finkbeiner - 1

      Excused: Senators Deccio and McCaslin - 2

      SUBSTITUTE SENATE BILL NO. 6502, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6519, by Senators Benton, Benson, Schoesler, Carrell, Esser, Jacobsen, Pflug, Mulliken, Johnson, Honeyford, Sheldon, Roach, Kline, Oke, Rasmussen and Keiser

      Requiring sex offenders to verify twice a year that registration information is accurate. Revised for 1st Substitute: Requiring level III sex offenders to report to law enforcement every three months.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 6519 was substituted for Senate Bill No. 6519 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 6519 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Benton, Fraser, Hargrove, Stevens and Sheldon spoke in favor of passage of the bill.

MOTION

On motion of Senator Schoesler, Senator Finkbeiner was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6519.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6519 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

      SUBSTITUTE SENATE BILL NO. 6519, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6429, by Senators Jacobsen, Oke, Haugen, Honeyford and Rasmussen

      Exempting certain Native American cultural resources information from public disclosure.

      The measure was read the second time.

MOTION

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

      Senator Jacobsen spoke in favor of passage of the bill.

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

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6429 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

      SENATE BILL NO. 6429, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6334, by Senators Fairley, Benton, Franklin, Kline, Rasmussen and Shin

      Increasing the debt limit of the housing finance commission.

      The measure was read the second time.

MOTION

      On motion of Senator Fairley, the rules were suspended, Senate Bill No. 6334 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fairley spoke in favor of passage of the bill.

MOTION

On motion of Senator Schoesler, Senator Schmidt was excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6334.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6334 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senators Mulliken and Schoesler - 2

      Excused: Senators Deccio and McCaslin - 2

      SENATE BILL NO. 6334, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6597, by Senators Johnson, Kline, Weinstein and Esser

      Modifying trusts and estates, generally.

MOTIONS

      On motion of Senator Kline, Substitute Senate Bill No. 6597 was substituted for Senate Bill No. 6597 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 6597 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline, Johnson and Prentice spoke in favor of passage of the bill.

POINT OF INQUIRY

Senator Brandland: “Would Senator Kline yield to a question? Senator Kline, I’m pretty new in the legislature, but in the short, four years that I’ve been here, I don’t think I’ve ever seen a bill title that says ‘Modifying trust in a states, generally’. I thought we were a little bit more specific in our bill titles? Perhaps Senator Weinstein could maybe explain this, I don’t know?”

Senator Kline: “You know, Mr. President, considering his specialized knowledge, I think maybe this is something for the good Senator when they the prime sponsor of this bill. I know it’s a Bar bill and we give us a package they work it over so thoroughly that they're probably qualified to use the word 'generally.' Thanks.”

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6597.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6597 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

      SUBSTITUTE SENATE BILL NO. 6597, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6537, by Senators Kohl-Welles, Parlette, Hewitt, Honeyford, Keiser and McAuliffe

      Modifying requirements for the direct sale of wine to Washington state consumers.

      The measure was read the second time.

MOTION

Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and Parlette be adopted.

      On page 5, beginning on line 10, strike all of subsection (7) and insert the following:

      "(7) For the purposes of this section, out-of-state wineries shall pay taxes under this section on wine sold and shipped directly to Washington state residents in a manner consistent with the requirements of a wine distributor under subsections (1) through (4) of this section, except wineries shall be responsible for the tax and not the resident purchaser."

      Senator Kohl-Welles spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl-Welles and Parlette on page 5, line 10 to Senate Bill No. 6537.

The motion by Senator Kohl-Welles carried and the amendment was adopted by voice vote.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Senate Bill No. 6537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6537.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6537 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

      ENGROSSED SENATE BILL NO. 6537, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE JOINT MEMORIAL NO. 8019, by Senators Shin, Rasmussen, Rockefeller, Weinstein, Kastama, Kohl-Welles, Pridemore, Berkey, Doumit, McAuliffe, Franklin, Keiser, Regala, Fairley, Prentice, Jacobsen, Fraser and Haugen

      Requesting the United States trade representative to create a federal-state international trade policy commission.

      The measure was read the second time.

MOTION

Senator Shin moved that the following amendment by Senator Shin be adopted.

      On page 1, line 5, after "AMBASSADOR", strike "ROBERT B. ZOELLICK", and insert "ROB PORTMAN"

      On page 2, line 7, after "There is", strike "no clear precedent or structure for federal-state trade policy consultations", and insert "a need for a stronger federal-state trade policy consultation mechanism" 

      On page 2, line 31, after "Ambassador", strike "Robert B. Zoellick", and insert "Rob Portman"

      Senator Shin spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Shin on page 1, line 5 to Senate Joint Memorial No. 8019.

The motion by Senator Shin carried and the amendment was adopted by voice vote.

MOTION

      On motion of Senator Shin, the rules were suspended, Engrossed Senate Joint Memorial No. 8019 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.

      Senators Shin and Pflug spoke in favor of passage of the memorial.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Joint Memorial No. 8019.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8019 and the memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

      ENGROSSED SENATE JOINT MEMORIAL NO. 8019, having received the constitutional majority, was declared passed.

MOTION

      On motion of Senator Eide, the Senate advanced to the seventh order of business.

MOTION

      On motion of Senator Oke, the rules were suspended, Senate Bill No. 5232 was returned to second reading for the purpose of amendment.

SECOND READING

      SENATE BILL NO. 5232, by Senators Oke, Swecker and Jacobsen

      Requiring a turkey tag to hunt for turkey.

      The measure was read the second time.

MOTION

Senator Oke moved that the following amendment by Senators Oke and Jacobsen be adopted.

      On page 2, line 3, after "charge." insert "Fifty percent of the moneys received from primary turkey tags must be deposited in the state wildlife fund and must be appropriated solely for the purposes of turkey and upland game bird management and shall not supplant existing funds provided for these purposes."

      Senator Oke spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Oke and Jacobsen on page 2, line 3 to Senate Bill No. 5232.

The motion by Senator Oke carried and the amendment was adopted by voice vote.

MOTION

      On motion of Senator Oke, the rules were suspended, Engrossed Senate Bill No. 5232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Oke spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5232.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5232 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 38

      Voting nay: Senators Benson, Carrell, Delvin, Morton, Mulliken, Pflug, Roach, Schoesler and Stevens - 9

      Excused: Senators Deccio and McCaslin - 2

      ENGROSSED SENATE BILL NO. 5232, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

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

MESSAGE FROM THE HOUSE

February 8, 2006

MR. PRESIDENT:

The House has passed the following bill(s):

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1071,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2572

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 8, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      SUBSTITUTE HOUSE BILL NO. 2500,

      HOUSE BILL NO. 2972,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 8, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      SUBSTITUTE HOUSE BILL NO. 2233,

      SECOND SUBSTITUTE HOUSE BILL NO. 2342,

      SUBSTITUTE HOUSE BILL NO. 2376,

      ENGROSSED HOUSE BILL NO. 2478,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2572,

      SUBSTITUTE HOUSE BILL NO. 2573,

      SUBSTITUTE HOUSE BILL NO. 2974,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 8, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED HOUSE BILL NO. 1383,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2925,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 9, 2006

MR. PRESIDENT:

The House has passed the following bill(s):

      SUBSTITUTE HOUSE BILL NO. 1107,

      FOURTH SUBSTITUTE HOUSE BILL NO. 1483,

      HOUSE BILL NO. 1641,

      SUBSTITUTE HOUSE BILL NO. 1650,

      SECOND SUBSTITUTE HOUSE BILL NO. 2002,

      SUBSTITUTE HOUSE BILL NO. 2344,

      SUBSTITUTE HOUSE BILL NO. 2372,

      SUBSTITUTE HOUSE BILL NO. 2382,

      SUBSTITUTE HOUSE BILL NO. 2389,

      SUBSTITUTE HOUSE BILL NO. 2404,

      HOUSE BILL NO. 2408,

      SUBSTITUTE HOUSE BILL NO. 2420,

      HOUSE BILL NO. 2453,

      SUBSTITUTE HOUSE BILL NO. 2481,

      HOUSE BILL NO. 2501,

      SUBSTITUTE HOUSE BILL NO. 2571,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      At 8:29 p.m., on motion of Senator Eide, the Senate adjourned until 9:00 a.m. Friday, February 10, 2006.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate

1071-S2

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Adopted

Introduced

9062 Georgia Gardner

Confirmed

9198 Joan K. Thomas

Confirmed

9234 Elizabeth Chen

Confirmed

9396 Karen Vander Ark

Confirmed

PRESIDENT OF THE SENATE

Remarks by the President, Title amendments

WASHINGTON STATE SENATE

Personal Privilege, Senator Oke

Point of Inquiry, Senator Benton

Point of Inquiry, Senator Brandland

Point of Inquiry, Senator Morton

Statement for the Journal, Senator Rockefeller