FIFTY NINTH LEGISLATURE - REGULAR SESSION
EIGHTIETH DAY
House Chamber, Olympia, Wednesday, March 30, 2005
The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Mark Pearson and Jennifer Dunn. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Jeff Knight, The Rock Church, Monroe.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTION
HOUSE RESOLUTION NO. 2005-4643, By Representatives Kilmer and Lantz
WHEREAS, Traumatic Brain Injuries have impacted 5.3 million American citizens who now live with resulting disabilities; and
WHEREAS, Every 21 seconds one person in the United States sustains a Traumatic Brain Injury, equaling roughly 4,000 people daily and 1.5 million people annually; and
WHEREAS, Out of the 1.5 million people annually who sustain Traumatic Brain Injuries, 50,000 of them will die, while an additional 80,000 will experience the onset of life-long disabilities as a result of their brain injury; and
WHEREAS, Traumatic Brain Injuries occur more frequently than Multiple Sclerosis, spinal cord injuries, HIV/AIDS, and breast cancer combined; and
WHEREAS, In Washington State, Traumatic Brain Injury patients constitute 10 percent of the state's population of persons with disabilities; and
WHEREAS, There is no cure for Traumatic Brain Injuries, only prevention; and
WHEREAS, The Brain Injury Association of America has created a partnership with the National Center for Disease Control and Prevention, the Health Resources and Services Administration in the United States Department of Health and Human Services, the Defense Brain and Spinal Cord Injury Program for veterans and military personnel, and the Brain Injury Association of Washington, that strives to provide a better future for TBI patients through prevention, research, education, and advocacy; and
WHEREAS, The Traumatic Brain Injury advocacy groups mentioned above have recognized and declared the month of March 2005 National Brain Injury Awareness Month;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and honor the work of these organizations in their efforts to combat Traumatic Brain Injuries; and
BE IT FURTHER RESOLVED, That the Washington State House of Representatives recognize and honor the work of these organizations for organizing and observing the month of March as National Brain Injury Awareness Month.
HOUSE RESOLUTION NO. 4643 was adopted.
INTRODUCTION & FIRST READING
HB 2310 by Representatives Sommers, Cody and Kenney
AN ACT Relating to physician referrals; adding a new section to chapter 18.71 RCW; and adding a new section to chapter 18.57 RCW.
Referred to Committee on Appropriations.
There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committee so designated.
REPORTS OF STANDING COMMITTEES
March 28, 2005
ESSB 5002 Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Marketing, offering, or selling camping resort contracts. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Sump, Assistant Ranking Minority Member; Hudgins and McCoy.
Passed to Committee on Rules for second reading.
March 25, 2005
SB 5053 Prime Sponsor, Senator Kline: Authorizing service by publication in actions to establish or modify parenting plans, for legal separation or invalidity of marriage, and for nonparental custody. Reported by Committee on Juvenile Justice & Family Law
MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Lovick and Roberts.
Passed to Committee on Rules for second reading.
March 28, 2005
SB 5168 Prime Sponsor, Senator Hargrove: Authorizing members of legislative bodies to serve as volunteer ambulance personnel. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives Simpson, Chairman; Clibborn, Vice Chairman; Schindler, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; B. Sullivan and Takko.
Passed to Committee on Rules for second reading.
March 28, 2005
E2SSB 5213 Prime Sponsor, Senate Committee on Ways & Means: Supporting the long-term success of families with children by removing barriers to Temporary Assistance for Needy Families and the WorkFirst programs. Reported by Committee on Children & Family Services
MAJORITY recommendation: Do pass. Signed by Representatives Kagi, Chairman; Roberts, Vice Chairman; Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Darneille; Dickerson; Haler and Pettigrew.
MINORITY recommendation: Without recommendation. Signed by Representatives Dunn.
Referred to Committee on Appropriations.
March 25, 2005
SSB 5288 Prime Sponsor, Senate Committee on Human Services & Corrections: Specifying how custodial interrogations of juveniles may be conducted. Reported by Committee on Juvenile Justice & Family Law
MAJORITY recommendation: Do pass as amended:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 13.40 RCW to read as follows:
Parents have a fundamental interest in knowing if their child has been taken into police custody for questioning and where their child is being held. Because a parent or guardian is most often in a position to provide a juvenile with guidance in matters of great importance to a juvenile, it is the intent of the legislature to assist parents in their ability to aid and guide their children when making important legal decisions, including the decision to waive legal rights during custodial interrogations. It is also the intent of the legislature to provide children in police custody the opportunity to seek and receive consultation with his or her parents.
NEW SECTION. Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:
(1) When a law enforcement officer takes a juvenile into custody, the officer must make reasonable attempts to notify a parent, guardian, or custodian that the juvenile is in custody and where the juvenile is being held.
(2) When a parent, guardian, or custodian requests to consult with a juvenile age fifteen or younger who is in custody, and makes himself or herself immediately available in person or by telephone, he or she must be permitted to consult with the juvenile immediately upon his or her request, unless: (a) The juvenile objects to the consultation; or (b) the parent, guardian, or custodian is a codefendant or victim of the juvenile.
Sec. 3. RCW 13.40.140 and 1981 c 299 s 11 are each amended to read as follows:
(1) Prior to questioning a juvenile in custody, law enforcement must advise a juvenile of his or her rights in substantially the following language:
(a) That the juvenile has a right to remain silent;
(b) That any statement the juvenile makes can be and may be used against the juvenile;
(c) That the juvenile has a right to consult with an attorney and the right to have an attorney present during questioning;
(d) That if the juvenile or his or her family cannot afford to hire an attorney, an attorney will be provided; and
(e) That the juvenile has a right to consult with his or her parent, guardian, or custodian.
(2) A juvenile shall be advised of his or her rights when appearing before the court.
(((2))) (3) A juvenile and his or her parent, guardian, or custodian shall be advised by the court or its representative that the juvenile has a right to be represented by counsel at all critical stages of the proceedings. Unless waived, counsel shall be provided to a juvenile who is financially unable to obtain counsel without causing substantial hardship to himself or herself or the juvenile's family, in any proceeding where the juvenile may be subject to transfer for criminal prosecution, or in any proceeding where the juvenile may be in danger of confinement. The ability to pay part of the cost of counsel does not preclude assignment. In no case may a juvenile be deprived of counsel because of a parent, guardian, or custodian refusing to pay therefor. The juvenile shall be fully advised of his or her right to an attorney and of the relevant services an attorney can provide.
(((3))) (4) The right to counsel includes the right to the appointment of experts necessary, and the experts shall be required pursuant to the procedures and requirements established by the supreme court.
(((4))) (5) Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing, or such subpoenas may be issued by an attorney of record.
(((5))) (6) All proceedings shall be transcribed verbatim by means which will provide an accurate record.
(((6))) (7) The general public and press shall be permitted to attend any hearing unless the court, for good cause, orders a particular hearing to be closed. The presumption shall be that all such hearings will be open.
(((7))) (8) In all adjudicatory proceedings before the court, all parties shall have the right to adequate notice, discovery as provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter expressly permits the use of hearsay testimony, findings based solely upon the evidence adduced at the hearing, and an unbiased fact-finder.
(((8))) (9) A juvenile shall be accorded the same privilege against self-incrimination as an adult. An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence at an adjudicatory hearing over objection. Evidence illegally seized or obtained may not be received in evidence over objection at an adjudicatory hearing to prove the allegations against the juvenile if the evidence would be inadmissible in an adult criminal proceeding. An extrajudicial admission or confession made by the juvenile out of court is insufficient to support a finding that the juvenile committed the acts alleged in the information unless evidence of a corpus delicti is first independently established in the same manner as required in an adult criminal proceeding.
(((9))) (10) Waiver of any right which a juvenile has under this chapter must be an express waiver intelligently made by the juvenile after the juvenile has been fully informed of the right being waived.
(((10))) (11) Whenever this chapter refers to waiver or objection by a juvenile, the word juvenile shall be construed to refer to a juvenile who is at least twelve years of age. If a juvenile is under twelve years of age, the juvenile's parent, guardian, or custodian shall give any waiver or offer any objection contemplated by this chapter."
Correct the title.
Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Roberts.
MINORITY recommendation: Do not pass. Signed by Representatives Lovick.
Passed to Committee on Rules for second reading.
March 28, 2005
ESSB 5308 Prime Sponsor, Senate Committee on Human Services & Corrections: Changing provisions relating to mandatory reporting of child abuse or neglect. Reported by Committee on Children & Family Services
MAJORITY recommendation: Do pass as amended:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.44.030 and 2003 c 207 s 4 are each amended to read as follows:
(1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
(b)(i) When any person who is an employee or regular-service volunteer of a for-profit entity that provides services to children, or nonprofit entity as defined in RCW 84.36.800, has reasonable cause to believe that a child has suffered abuse or neglect, and the alleged perpetrator is an employee, contractor, or regular-service or occasional-service volunteer of the same for-profit or nonprofit entity, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
(ii) Nothing in this subsection (1)(b) shall limit a person's duty to report under (a) of this subsection.
(c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
(((c))) (d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
(((d))) (e) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known.
(2)(a) The reporting requirement of subsection (1) of this section does not apply to a member of the clergy with regard to information obtained by the member of the clergy in his or her professional character as a religious or spiritual advisor when the information is obtained solely as a result of a confession made pursuant to the clergy-penitent privilege as provided in RCW 5.60.060(3), and the member of the clergy is authorized to hear such confession, and has a duty under the discipline, tenets, doctrine, or custom of his or her church, religious denomination, religious body, spiritual community, or sect to keep the confession secret. The privilege shall not apply, and the member of the clergy shall report child abuse or neglect pursuant to this section, if the member of the clergy has received the information from any source other than from a confession.
(b) Nothing in this subsection shall exempt a member of the clergy from making a report of child abuse or neglect as required in subsection (1) of this section when the member of the clergy is acting in some other capacity that would otherwise require him or her to make a report.
(3) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.
(((3))) (4) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.
(((4))) (5) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.
(((5))) (6) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.
(((6))) (7) Any county prosecutor or city attorney receiving a report under subsection (((5))) (6) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.
(((7))) (8) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.
(((8))) (9) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.
(((9))) (10) Persons or agencies exchanging information under subsection (((7))) (8) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.
(((10))) (11) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.
(((11))) (12) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.
(((12))) (13) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.
(((13))) (14) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.
(((14))) (15) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.
(((15))) (16) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.
(17) For the purposes of this section, the following definitions apply:
(a) "Volunteer" means any person who, of his or her own free will, provides goods or services without any financial gain to any agency, instrumentality, political subdivision, or school district of the state of Washington;
(b) "Occasional-service volunteer" means any person who provides a one-time or occasional volunteer service; and
(c) "Regular-service volunteer" means any person engaged in specific volunteer service activities on an ongoing or continuing basis."
Correct the title.
Signed by Representatives Kagi, Chairman; Roberts, Vice Chairman; Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Darneille; Dickerson; Haler and Pettigrew.
MINORITY recommendation: Without recommendation. Signed by Representatives Dunn.
Passed to Committee on Rules for second reading.
March 25, 2005
SSB 5502 Prime Sponsor, Senate Committee on Human Services & Corrections: Revising juvenile sentencing alternatives. Reported by Committee on Juvenile Justice & Family Law
MAJORITY recommendation: Do pass as amended:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.40.167 and 2003 c 378 s 4 are each amended to read as follows:
(1) When an offender is subject to a standard range ((commitment of 15 to 65 weeks)) disposition involving confinement by the department, the court may:
(a) Impose the standard range; or
(b) Suspend the standard range disposition on condition that the offender complies with the terms of this mental health disposition alternative.
(2) The court may impose this disposition alternative when the court finds the following:
(a) The offender has a current diagnosis, consistent with the American psychiatry association diagnostic and statistical manual of mental disorders, of axis I psychiatric disorder, excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse disorder, paraphilia, or pedophilia;
(b) An appropriate treatment option is available in the local community;
(c) The plan for the offender identifies and addresses requirements for successful participation and completion of the treatment intervention program including: Incentives and graduated sanctions designed specifically for amenable youth, including the use of detention, detoxication, and in-patient or outpatient substance abuse treatment and psychiatric hospitalization, and structured community support consisting of mental health providers, probation, educational and vocational advocates, child welfare services, and family and community support. For any mental health treatment ordered for an offender under this section, the treatment option selected shall be chosen from among programs which have been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles and identified as research-based best practice programs. A list of programs which meet these criteria shall be agreed upon by: The Washington association of juvenile court administrators, the juvenile rehabilitation administration of the department of social and health services, a representative of the division of public behavioral health and justice policy at the University of Washington, and the Washington institute for public policy. The list of programs shall be created not later than July 1, 2003. The group shall provide the list to all superior courts, its own membership, the legislature, and the governor. The group shall meet annually and revise the list as appropriate; and
(d) The offender, offender's family, and community will benefit from use of the mental health disposition alternative.
(3) The court on its own motion may order, or on motion by either party, shall order a comprehensive mental health evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a co-occurring chemical dependency disorder. The evaluation shall include at a minimum the following: The offender's version of the facts and the official version of the facts, the offender's offense, an assessment of the offender's mental health and drug-alcohol problems and previous treatment attempts, and the offender's social, criminal, educational, and employment history and living situation.
(4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:
(a) The availability of treatment;
(b) Anticipated length of treatment;
(c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;
(d) The education plan;
(e) The residential plan; and
(f) The monitoring plan.
(5) The court on its own motion may order, or on motion by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion shall select the evaluator. The requesting party shall pay the cost of any examination ordered under this subsection and subsection (3) of this section unless the court finds the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(6) Upon receipt of the assessments, evaluations, and reports the court shall consider whether the offender and the community will benefit from use of the mental health disposition alternative. The court shall consider the victim's opinion whether the offender should receive the option.
(7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition ((of not more than 65 weeks)), suspend execution of the disposition, and place the offender on community supervision up to one year and impose one or more other local sanctions. Confinement in a secure county detention facility, other than county group homes, inpatient psychiatric treatment facilities, and substance abuse programs, shall be limited to thirty days. As a condition of a suspended disposition, the court shall require the offender to participate in the recommended treatment interventions.
(8) The treatment providers shall submit monthly reports to the court and parties on the offender's progress in treatment. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, medication management, the offender's relative progress in treatment, and any other material specified by the court at the time of the disposition.
(9) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(10) An offender is ineligible for the mental health disposition option under this section if the ((offender is adjudicated of a sex or violent offense as defined in RCW 9.94A.030)) offense for which the disposition being considered is:
(a) A firearm violation under RCW 13.40.193;
(b) An offense category A+, A, or A- offense, or an attempt, conspiracy, or solicitation to commit a class A+, A, or A- offense;
(c) Manslaughter in the second degree (RCW 9A.32.070);
(d) A sex offense as defined in RCW 9.94A.030; or
(e) Any offense category B+ or B offense, when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon."
Correct the title.
Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Lovick and Roberts.
Passed to Committee on Rules for second reading.
March 28, 2005
SB 5589 Prime Sponsor, Senator Haugen: Providing for proceedings for excluding agricultural land from the boundaries of a charter or noncharter code city. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives Simpson, Chairman; Clibborn, Vice Chairman; Schindler, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; B. Sullivan and Takko.
Passed to Committee on Rules for second reading.
March 25, 2005
ESSB 5719 Prime Sponsor, Senate Committee on Human Services & Corrections: Extending the community commitment disposition alternative pilot program. Reported by Committee on Juvenile Justice & Family Law
MAJORITY recommendation: Do pass as amended:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.40.169 and 2003 c 378 s 5 are each amended to read as follows:
((Any charter county with a population of not more than seventy thousand shall establish a pilot program to implement the community commitment disposition alternative contained in this section. The pilot project shall be limited to five beds.))
(1) ((When)) Any county or group of cooperating counties within close proximity may establish a program to implement the community commitment disposition alternative under this section. A program established by a county or group of cooperating counties shall be limited to ten beds. A court in a county that has established a program under this section or has entered an agreement with other counties to establish such a program may impose a community commitment disposition alternative as provided in this section.
(2) The court may impose a community commitment disposition alternative sentence if the court finds the following:
(a) The offender is subject to a standard range commitment of 15 to 36 weeks ((and));
(b) The offender 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 this section may impose a community commitment disposition alternative and:));
(c) The offender is appropriate for the community commitment disposition alternative considering the youth's offense, prior criminal history, security classification, risk level, treatment needs, and history; and
(d) One of the following factors exists:
(i) Placement in a local detention facility in close proximity to the youth's family or local support systems will facilitate a smoother reintegration to the youth's family and community;
(ii) Placement in the local detention facility will allow the youth to benefit from locally provided family intervention programs, other research-based treatment programs, school, employment, or drug and alcohol or mental health counseling; or
(iii) Confinement in a facility operated by the department would result in a negative disruption to local services, school, or employment or impede or delay developing those services and support systems in the community.
(3) If the court imposes a community commitment disposition alternative sentence, the court may:
(a) ((Retain juvenile court jurisdiction over the youth;
(b))) Confine the youth in a secure county detention facility ((for a period of time not to exceed thirty days)), or an alternative to secure county detention pursuant to subsection (5) of this section; and
(((c))) (b) Impose a term of postrelease community supervision for up to one year that includes a reintegration program as defined in subsection (4) of this section.
((If the youth receives a standard range disposition, the court shall set the release date within the standard range. The court shall determine the release date prior to expiration of sixty percent of the juvenile's minimum term of confinement.
(2) The court may impose this community commitment disposition alternative if the court finds the following:
(a) Placement in a local detention facility in close proximity to the youth's family or local support systems will facilitate a smoother reintegration to the youth's family and community;
(b) Placement in the local detention facility will allow the youth to benefit from locally provided family intervention programs and other research-based treatment programs, school, employment, and drug and alcohol or mental health counseling; or
(c) Confinement in a facility operated by the department would result in a negative disruption to local services, school, or employment or impede or delay developing those services and support systems in the community.
(3) The court shall consider the youth's offense, prior criminal history, security classification, risk level, and treatment needs and history when determining whether the youth is appropriate for the community commitment disposition alternative. If the court finds that a community commitment disposition alternative is appropriate, the court shall order the youth into secure detention while the details of the reintegration program are developed.))
(4) ((Upon approval of the treatment and community reintegration plan)) (a) The community commitment disposition alternative sentence shall include a treatment and community reintegration plan designed to address the needs of the juvenile that is approved by the court. The reintegration plan under this section shall include delivery of programs which meet the Washington state institute for public policy's effectiveness standards for juvenile accountability programs; and
(b) If the court finds that a community commitment disposition alternative is appropriate, the court shall order the youth into secure county detention while the details of the reintegration program are developed.
(5) If the court orders a sentence under this section, the court may order the youth to serve the term of confinement in one or more of the following placements or combination of placements: Secure county detention, an alternative to secure county detention such as electronic home monitoring, county group care, day or evening reporting, or home detention. The court may order the youth to serve time in detention on weekends or intermittently. The court shall set periodic reviews to review the youth's progress in the program. ((At least fifty percent)) No more than a total of thirty days of the term of confinement shall be served in secure county detention.
(((5))) (6)(a) If the youth violates the conditions of the community commitment program, the court may impose sanctions under RCW 13.40.200 or modify the terms of the reintegration plan and order the youth to serve all or a portion of ((the remaining confinement term)) any remaining thirty total days of confinement permitted under the disposition alternative in secure county detention or another alternative to secure county detention as described in subsection (5) of this section.
(b) If the youth violates the terms of the disposition alternative a second time, the court shall revoke the community commitment disposition alternative and order the disposition's execution, with credit for time served, at a facility operated by the juvenile rehabilitation administration of the department of social and health services.
(c) Except for a youth transferred to a facility operated by the juvenile rehabilitation administration, time not spent in secure county detention may be served in one of the alternative placements described in subsection (5) of this section. The court shall consider the youth's risk level in selecting alternative placements.
(((6))) (7) A county may enter into interlocal agreements with other counties to develop joint community commitment programs or to allow one county to send a youth appropriate for this alternative to another county that has a community commitment program.
(((7))) (8) Implementation of this alternative is subject to available state funding for the costs of the community commitment program, including costs of detention ((and community)), supervision, treatment programs, and administration.
(9) Each county or group of cooperating counties establishing a program to implement the community commitment disposition alternative under this act shall provide an interim report on a program to the Washington association of juvenile court administrators by November 1, 2006, and a final report by May 1, 2007. Each report shall include, but is not limited to, the number of offenders eligible for the program, the number of offenders sentenced to the program, evaluation and treatment costs for each participant, administrative costs, costs of detention, supervision, and other related costs, and whether an offender has reoffended after participation in the program. The Washington association of juvenile court administrators shall submit an interim report ((on)) analyzing the data submitted by each of the ((pilot)) programs established in this section to the legislature and appropriate committees by December 31, ((2004)) 2006, and submit a final report to the legislature and the appropriate committees by June 30, ((2005)) 2007.
((This section expires July 1, 2005.))"
Correct the title.
Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Lovick and Roberts.
Passed to Committee on Rules for second reading.
March 28, 2005
SSB 5953 Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Authorizing class 1 racing associations to conduct handicapping contests. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Sump, Assistant Ranking Minority Member; Hudgins and McCoy.
Passed to Committee on Rules for second reading.
There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.
SECOND READING
SENATE BILL NO. 5356, By Senator Brown; by request of Transportation Improvement Board
Modifying the alignment of state route number 290.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wood and Woods spoke in favor of passage of the bill.
MOTIONS
On motion of Representative Buri, Representatives Skinner, Talcott and Tom were excused. On motion of Representative Santos, Representatives Dickerson, Hunter, Kagi, Linville, McDermott, Morrell, Quall, Sommers and P. Sullivan were excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5356.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5356 and the bill passed the House by the following vote: Yeas - 86, Nays - 0, Absent - 0, Excused - 12.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Lovick, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Springer, Strow, Sullivan, B., Sump, Takko, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 86.
Excused: Representatives Dickerson, Hunter, Kagi, Linville, McDermott, Morrell, Quall, Skinner, Sommers, Sullivan, P., Talcott and Tom - 12.
SENATE BILL NO. 5356, having received the necessary constitutional majority, was declared passed.
Had I been present, I would have voted YEA on SENATE BILL NO. 5356.
PAT SULLIVAN, 47th District
SENATE BILL NO. 5433, By Senators Kline, Hargrove and Carrell
Changing the membership of the commission on judicial conduct.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Williams and Priest spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5433.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5433 and the bill passed the House by the following vote: Yeas - 88, Nays - 1, Absent - 0, Excused - 9.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Springer, Strow, Sullivan, B., Sump, Takko, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 88.
Voting nay: Representative Haler - 1.
Excused: Representatives Hunter, Linville, Morrell, Quall, Skinner, Sommers, P. Sullivan, Talcott, and Tom - 9.
SENATE BILL NO. 5433, having received the necessary constitutional majority, was declared passed.
Had I been present, I would have voted YEA on SENATE BILL NO. 5433.
PAT SULLIVAN, 47th District
SENATE JOINT RESOLUTION NO. 8207, By Senators Kline, Esser, Hargrove, Carrell and Johnson
Changing the membership of the commission on judicial conduct.
The joint resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the joint resolution was placed on final passage.
Representatives Williams and Priest spoke in favor of passage of the joint resolution.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Joint Resolution No. 8207.
ROLL CALL
The Clerk called the roll on the final passage of Senate Joint Resolution No. 8207 and the resolution passed the House by the following vote: Yeas - 90, Nays - 2, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 90.
Voting nay: Representatives Dunn and Haler - 2.
Excused: Representatives Hunter, Linville, Morrell, Quall, Skinner and Sommers - 6.
SENATE JOINT RESOLUTION NO. 8207, having received the necessary constitutional majority, was declared passed.
The Speaker assumed the chair.
SIGNED BY THE SPEAKER
The Speaker signed:
The Speaker called upon Representative Lovick to preside.
SECOND READING
SENATE BILL NO. 5148, By Senators Kohl-Welles, Kline, Fairley and Carrell
Repealing the crime of "slander of a woman."
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Williams, Priest and Dickerson spoke in favor of passage of the bill.
Representatives Ahern, Schindler and Dunn spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5148.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5148 and the bill passed the House by the following vote: Yeas - 69, Nays - 28, Absent - 0, Excused - 1.
Voting yea: Representatives Appleton, Blake, Buck, Campbell, Chandler, Chase, Clibborn, Cody, Conway, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Tom, Upthegrove, Wallace, Walsh, Williams, Wood and Mr. Speaker - 69.
Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Clements, Condotta, Cox, Crouse, Dunn, Ericksen, Haler, Hinkle, Holmquist, Kretz, Kristiansen, McCune, Newhouse, Orcutt, Pearson, Roach, Schindler, Serben, Shabro, Sump, Talcott and Woods - 28.
Excused: Representative Skinner - 1.
SENATE BILL NO. 5148, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5506, By Senate Committee on Financial Institutions, Housing & Consumer Protection (originally sponsored by Senators Kohl-Welles, Fairley, Regala and Thibaudeau)
Placing restrictions on the marketing or merchandising of credit cards to students at the state's institutions of higher education.
The bill was read the second time.
Representative DeBolt moved the adoption of amendment (384):
On page 2, line 14, after "education;" strike "and"
On page 2, line 15, after "(b)" insert "A prohibition on the marketing of credit cards by an institution of higher education; and
(c)"
Representative DeBolt spoke in favor of the adoption of the amendment.
There being no objection, the House deferred action on ENGROSSED SUBSTITUTE SENATE BILL NO. 5506 and the bill held its place on second reading.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5509, By Senate Committee on Water, Energy & Environment (originally sponsored by Senators Poulsen, Esser, Fraser, Schmidt, Pridemore, Fairley, Berkey, Kohl-Welles, Kline, Regala, Rockefeller, Weinstein, Brown, Keiser and McAuliffe)
Concerning high-performance building standards.
The bill was read the second time.
Representative Serben moved the adoption of amendment (381):
On page 1, line 16, after "agencies and" insert "participating"
On page 2, line 23, after "department" strike ", public school district,"
On page 2, line 24, after "standard" strike "or the Washington sustainable school design protocol"
On page 2, line 32, after "standards" strike "or the Washington sustainable school design protocol"
On page 2, line 33, after "project, the" strike "public school district or"
On page 4, line 4, after "(1)" strike all material through "districts" on line 14 and insert the following: "Public school districts receiving funding in a state capital budget may choose to design and construct major facility projects to the LEED silver standard or the Washington sustainable school design protocol"
On page 4, line 15, after "districts" insert "choosing to participate"
On page 4, line 17, after "constructed" strike "as required"
On page 4, line 26, after "2016." strike all material through "act." on line 30
On page 4, line 36, after "chapter for" insert "participating"
On page 5, line 2, after "employing" strike "and verifying compliance with"
On page 5, line 28, after "department" insert "shall"
On page 5, line 29, after " instruction" strike "shall" and insert "may"
On page 7, beginning on line 10, strike all of section 9
Renumber the remaining sections consecutively and correct any internal references accordingly.
Correct the title.
Representative Kristiansen spoke in favor of the adoption of the amendment.
Representative Dunshee spoke against the adoption of the amendment.
An electronic roll call vote was demanded and the demand was sustained.
The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (381) to Engrossed Substitute Senate Bill No. 5509.
ROLL CALL
The Clerk called the roll on the adoption of amendment (381) to Engrossed Substitute Senate Bill No. 5509, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 59, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hinkle, Holmquist, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Sump, Talcott, Walsh and Woods - 38.
Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Tom, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 59.
Excused: Representative Skinner - 1.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dunshee, Jarrett, Nixon, Linville, Clements, Eickmeyer, Cox and Hinkle spoke in favor of passage of the bill.
Representatives Roach, Orcutt, Priest, Roach (again) and Dunn spoke against the passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5509.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5509 and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appleton, Bailey, Blake, Buri, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cox, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roberts, Rodne, Santos, Schual-Berke, Sells, Serben, Shabro, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 78.
Voting nay: Representatives Ahern, Armstrong, Buck, Chandler, Condotta, Crouse, Curtis, Dunn, Hinkle, Holmquist, Kretz, Kristiansen, McCune, McDonald, Orcutt, Pearson, Roach, Schindler and Sump - 19.
Excused: Representative Skinner - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5509, having received the necessary constitutional majority, was declared passed.
SENATE JOINT MEMORIAL NO. 8000, By Senators Parlette, Morton, Mulliken, Delvin and Sheldon
Supporting the establishment of the Ice Age Floods National Geologic Trail.
The joint memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.
Representatives B. Sullivan, Sommers, Newhouse and Ahern spoke in favor of passage of the joint memorial.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Joint Memorial No. 8000.
ROLL CALL
The Clerk called the roll on the final passage of Senate Joint Memorial No. 8000 and the joint memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Skinner - 1.
SENATE JOINT MEMORIAL NO. 8000, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8018, By Senate Committee on Water, Energy & Environment (originally sponsored by Senators Fraser, Parlette, Poulsen, Hewitt, Berkey, Zarelli, Prentice, Doumit, Rockefeller, Fairley, Rasmussen, Kohl-Welles, Schoesler, Brandland, Schmidt, Shin, Pridemore, Mulliken, Honeyford, Brown, Kline and Regala)
Requesting that the proposal to transition the Bonneville Power Administration from cost-based rates to market-based rates be rejected.
The joint memorial was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.
Representative Morris spoke in favor of passage of the joint memorial.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Joint Memorial No. 8018.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Joint Memorial No. 8018 and the joint memorial passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.
Voting nay: Representative Anderson - 1.
Excused: Representative Skinner - 1.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8018, having received the necessary constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 9:55 a.m., March 31, 2005, the 81st Day of the Regular Session.
FRANK CHOPP, Speaker
RICHARD NAFZIGER, Chief Clerk