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NINETEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 1, 2002

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard, consisting of Pages Gabriel DeMiero and Benjamin Derby, presented the Colors. Reverend Arthur Vaeni, a minister from the Unitarian Universalist Congregation of Olympia, offered the prayer.

MOTION

On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

REPORTS OF STANDING COMMITTEES

January 31, 2002

SB 5932 Prime Sponsor, Senator Kohl-Welles: Requiring audio recording of interviews of children disclosing sexual abuse. Reported by Committee on Judiciary

MAJORITY Recommendation: That the bill be referred to Committee on Human Services and Corrections without recommendation. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, McCaslin, Poulsen, Thibaudeau and Zarelli.

Referred to Committee on Human Services and Corrections.

January 31, 2002

SB 6329 Prime Sponsor, Senator Regala: Exempting certain vehicles powered by electricity and gasoline from emission control inspections. Reported by Committee on Environment, Energy and Water

MAJORITY Recommendation: That Substitute Senate Bill No. 6329 be substituted therefor, and the substitute bill do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Jacobsen, Keiser, McDonald and Morton.

Passed to Committee on Rules for second reading.

January 31, 2002

SB 6399 Prime Sponsor, Senator McAuliffe: Abstracting only accidents in which the driver was at fault. Reported by Committee on Transportation

MAJORITY Recommendation: That Substitute Senate Bill No. 6399 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Finkbeiner, Jacobsen, Kastama, Keiser, Prentice, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

January 31, 2002

SB 6432 Prime Sponsor, Senator Benton: Correcting language regarding certificates of ownership for stolen vehicles. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Kastama, Keiser, Oke, Prentice, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

January 31, 2002

SB 6436 Prime Sponsor, Senator T. Sheldon: Authorizing department of licensing publications to include advertising. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Keiser, Oke, Prentice, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

January 31, 2002

SB 6444 Prime Sponsor, Senator Gardner: Licensing vehicles transporting persons on stretchers. Reported by Committee on Transportation

MAJORITY Recommendation: That Substitute Senate Bill No. 6444 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Kastama, Keiser, Oke, Prentice, T. Sheldon and Shin.

Passed to Committee on Rules for second reading.

January 31, 2002

SB 6455 Prime Sponsor, Senator Prentice: Requiring physical examinations prior to participation in interscholastic athletic activities. Reported by Committee on Education

MAJORITY Recommendation: That the bill be referred to Committee on Health and Long-Term Care without recommendation. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Johnson, Kastama, Prentice and Regala.

Referred to Committee on Health and Long Term Care.

January 31, 2002

SB 6627 Prime Sponsor, Senator Costa: Renaming, with regard to adult and juvenile offenders, "community service" as "community restitution." Reported by Committee on Human Services and Corrections

MAJORITY Recommendation: Do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.

Passed to Committee on Rules for second reading.

January 31, 2002

SJM 8031 Prime Sponsor, Senator Hale: Encouraging re-authorization and full funding of the renewable energy production incentive. Reported by Committee on Environment, Energy and Water

MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Jacobsen, Keiser, McDonald and Morton.

Passed to Committee on Rules for second reading.

MESSAGES FROM STATE OFFICES

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, Washington 98504-5000

January 31, 2002

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. Cook:

Enclosed is the Department's Report to the Legislature entitled "Wage Increases for Residential Programs." This report is mandated under Chapter 7, Laws of 2001, E2, Section 205(1)(g).

Please call Pat Buker at (360) 902-8460 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

The Department of Social and Health Services Report on “Wage Increases for Residential Programs” is on file in the Office of the Secretary of the Senate.

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, Washington 98504-5000

January 30, 2002

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. Cook:

Enclosed is the Department's Report to the Legislature entitled "WorkFirst Contract Outcome Measures." It is mandated under Chapter 58, Laws of 1997, Section 704.

Please call Dorie Keeley at (360) 413-3321 if you have questions about the report.

Sincerely,

DENNIS BRADDOCK, Secretary

The Department of Social and Health Services Report on “WorkFirst Contract Outcome Measures” is on file in the Office of the Secretary of the Senate.

INTRODUCTION AND FIRST READING

SB 6754 by Senators Franklin, Fairley, B. Sheldon, Prentice, Brown, Rasmussen, Fraser, McAuliffe, Costa, Shin, Gardner, Kohl-Welles, Thibaudeau, Spanel, Jacobsen, Regala, Kline and Keiser

AN ACT Relating to allowing unemployment benefits during lockouts; amending RCW 50.20.120 and 50.04.030; adding a new section to chapter 50.29 RCW; and creating new sections.

Referred to Committee on Labor, Commerce and Financial Institutions.

SB 6755 by Senators Fraser, Morton and Kline

AN ACT Relating to the relinquishment of water rights approved for instream beneficial uses; and reenacting and amending RCW 90.14.140.

Referred to Committee on Environment, Energy and Water.

SB 6756 by Senators Benton, Hochstatter and Zarelli

AN ACT Relating to accounting of support payments; and amending RCW 26.09.120, 26.23.050, and 26.23.120.

Referred to Committee on Judiciary.

SB 6757 by Senators Rossi, T. Sheldon, Hewitt, Finkbeiner, Stevens, Honeyford, Horn, Roach, McCaslin, Zarelli, Hochstatter, Johnson, Oke, Benton, Hale, Parlette and Long

AN ACT Relating to the inclusion of an economic impact analysis in legislative fiscal notes; and amending RCW 43.88A.020.

Referred to Committee on State and Local Government.

SB 6758 by Senators Rossi, T. Sheldon, Finkbeiner, Honeyford, Stevens, Hewitt, Horn, McCaslin, Zarelli, Hochstatter, Johnson, West, Benton, Hale and Parlette

AN ACT Relating to the state expenditure limit; amending RCW 43.135.025 and 43.135.060; reenacting and amending RCW 43.135.035 and 43.135.045; and providing for submission of this act to a vote of the people.

Referred to Committee on Ways and Means.

SB 6759 by Senators Rossi, Horn, Stevens, T. Sheldon, Finkbeiner, Honeyford, McCaslin, Hochstatter, Johnson, Oke and Hale

AN ACT Relating to municipal tax fairness; amending RCW 35.21.710; adding a new chapter to Title 35 RCW; and providing an effective date.

Referred to Committee on Ways and Means.

SB 6760 by Senators Fraser, Kline and Regala

AN ACT Relating to private owners of public water systems not regulated as public utilities; and adding a new chapter to Title 19 RCW.

Referred to Committee on Environment, Energy and Water.

SB 6761 by Senators West and Parlette

AN ACT Relating to offering covered health services to employers with no more than fifty employees; amending RCW 48.21.045, 48.21.047, 48.43.035, 48.44.023, 48.44.024, 48.46.066, and 48.46.068; and providing an effective date.

Referred to Committee on Health and Long-Term Care.

SB 6762 by Senators Rasmussen, Sheahan, Hewitt, McAuliffe, Rossi, Hale, Prentice, Hochstatter, Shin, Morton, Stevens, Roach, Honeyford, Johnson, West, Benton, Parlette, McDonald, Zarelli, Horn, Deccio, Swecker, Winsley and T. Sheldon

AN ACT Relating to updating state law to conform to changes in federal estate tax; amending RCW 11.02.005 and 83.100.020; and creating a new section.

Referred to Committee on Ways and Means.

SB 6763 by Senators Costa, Hargrove, Long, Carlson, Winsley and Kohl-Welles

AN ACT Relating to a task force on funding for community-based services to victims of crime; adding a new section to chapter 43.31 RCW; and providing an expiration date.

Referred to Committee on Human Services and Corrections.

SB 6764 by Senators Jacobsen, Oke and Spanel

AN ACT Relating to catch record cards; and amending RCW 77.32.430.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6765 by Senators Fraser, Morton, Regala, Honeyford and Winsley (by request of Department of Ecology)

AN ACT Relating to studies concerning water resource management; creating new sections; and making an appropriation.

Referred to Committee on Environment, Energy and Water.

SB 6766 by Senator Snyder

AN ACT Relating to flood control zone districts; amending RCW 86.15.050; and providing an effective date.

Referred to Committee on State and Local Government.

SB 6767 by Senators Snyder, Rasmussen and Morton

AN ACT Relating to adjusting the dollar threshold for substantial development under the shoreline management act; amending RCW 90.58.030; and creating a new section.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6768 by Senators Snyder, Rasmussen and Morton

AN ACT Relating to permits for a conditional use or variance issued by local governments under approved master programs pursuant to the shoreline management act; amending RCW 90.58.140; adding a new section to chapter 90.58 RCW; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on Natural Resources, Parks and Shorelines.

SB 6769 by Senators Honeyford, Prentice, Rasmussen and Hochstatter

AN ACT Relating to sheepherder housing; amending RCW 70.114A.020; and adding a new section to chapter 49.17 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

SJR 8226 by Senators McDonald, Prentice, West, Gardner, Rossi, Costa, Oke and Winsley

Transferring general fund revenues into an emergency reserve fund.

Referred to Committee on Ways and Means.

MOTION

On motion of Senator Betti Sheldon, Senate Bill No. 6763 was referred to the Committee on Human Services and Corrections.

MOTION

On motion of Senator Betti Sheldon, the following resolution was adopted:

SENATE RESOLUTION 8730

By Senators Betti Sheldon and Rasmussen

WHEREAS, In the summer of 1939, Williamsport, Pennsylvania; resident Carl E. Stotz gathered neighborhood children and devised a baseball program for young boys called the Little League; and

WHEREAS, Today, three million participants in ninety countries have been introduced to this beloved American pastime; and

WHEREAS, Little League mentors young children in sportsmanship, self-confidence and safety; and

WHEREAS, During June, July and August of 2001, a Bainbridge Island Little League team comprised of players ages 11-12 won a series of state, regional and district tournaments; and

WHEREAS, The Bainbridge Island All-Stars won the Northwest Regional championship tournament qualifying them for the Little League World Series held in Williamsport, Pennsylvania, from August 17-26, 2001; and

WHEREAS, The Bainbridge Island All-Star Team, comprised of Adam Beck, Jesse Colkitt, Dalton Gent, Coby Gibler, Tal Glass, Michael Heald, Nash Hensen, Peter Huisinga, Austin Hurt, Peter Leslie, Rudy Sharar, Robert Stevenson, Taurean Yamada, manager Don French, and coaches Dick Henshaw and Greg Stevenson, felt privileged and honored to represent their state and the entire Northwest region in the tournament; and

WHEREAS, Playing a total of twenty games, they were one of sixteen teams from around the world to participate in the championship; and

WHEREAS, Embodying the Little League motto “character, courage, and loyalty,” their magical season ended with a 17-3 record, as they finished second place for the United States in the Pool B division of the Little League World Series;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby acknowledge these fine players and coaches who represented our state in a national championship; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the members of the Bainbridge Island All-Star Team.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the players, the coaches and the families of the Bainbridge Island Little League Baseball Team, who were seated in the gallery.

MOTION

On motion of Senator Betti Sheldon, the following resolution was adopted:

SENATE RESOLUTION 8729

By Senator Betti Sheldon

WHEREAS, 2001 marked the Fiftieth Anniversary of the Babe Ruth League, named after arguably the greatest baseball player of all time, George Herman “Babe” Ruth; and

WHEREAS, The Babe Ruth League ranks as the premier amateur baseball organization in the world, with 1 million participants throughout the United States and Canada; and

WHEREAS, The North Kitsap Babe Ruth All-Star team sets ideals of commitment and good sportsmanship; and

WHEREAS, This group of thirteen to fifteen year olds plays on a regulation-sized baseball diamond; and

WHEREAS, By winning the Northwest Regional tournament in The Dalles, Oregon, the North Kitsap Babe Ruth All Stars, comprised of Josh Beahan, Nate Brown, Blake Buel, Jeff Camus, Sean Carlson, Marcus Curtis, Kevin Gartin, Erik Gronnvoll, Taylor Heins, Jordan Henry, Barrett Kanyer, Miles Thomson, Travis Tobin, Chris Williams, head coach Bill Burton, and coaches Ollie Kenyon and Jerry Johnson, qualified for the Babe Ruth World Series; and

WHEREAS, They were the first team to represent North Kitsap in the Babe Ruth World Series, which last year was held in Longview, Washington, from August 17-25; and

WHEREAS, The team placed third in the Babe Ruth World series, the first time a Northwest team had advanced to this level since1988, when a Senior Babe Ruth Class AA team led by former Seattle Mariner baseball pitcher Aaron Sele, performed the feat;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby recognize the hard work and dedication of these baseball players; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the members of the North Kitsap Babe Ruth All-Star team.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the players, the coaches and the families of the North Kitsap Babe Ruth All Star Baseball Team, who were seated in the gallery.

MOTION

On motion of Senator Rasmussen, the following resolution was adopted:

SENATE RESOLUTION 8715

By Senators Rasmussen, Johnson, Spanel, Roach, Franklin, Sheahan, Kohl-Welles, Hewitt, Parlette, Honeyford, Fraser, Regala, Haugen, Eide and Sheldon, B.

WHEREAS, 2002 is the Centennial Year of 4-H; and

WHEREAS, The 4-H Youth Development Program has helped young people in Washington develop useful “life skills” since it was established in 1914; and

WHEREAS, 4-H has served the youth of our country for a century; and

WHEREAS, 4-H has withstood the test of time and changed with the times; and

WHEREAS, Early programs focused on increased agricultural production and safe food preparation and preservation; and

WHEREAS, During World War II, 4-H established itself as a program for urban audiences by focusing on victory gardens, salvage/recycling programs and bond campaigns; and

WHEREAS, 4-H has had an international program since 1948, hosting and sending youth and adults to over sixty different partner countries; and

WHEREAS, 4-H serves youth in rural, suburban and urban settings with research based programs in life skills education and emerging issues; and

WHEREAS, The program centers on teaching young people to become productive members of society by fostering self-esteem, communication and decision-making skills; and

WHEREAS, 86,500 young people throughout Washington participated in 4-H Youth Development programs in 2001; and

WHEREAS, These programs help participants learn about a wide variety of subjects including: social, plant, animal and mechanical sciences; expressive and applied arts; family living; and environmental stewardship; and

WHEREAS, In addition to working with traditional community clubs, the programs reach youth through urban groups, special interest groups, nutrition programs, school enrichment, camping, home-school programs, and interagency learning experiences; and

WHEREAS, the 4-H Youth Development Program promotes volunteer service by enlisting more than 10,000 volunteers statewide, who donate an average two hundred hours of their time during the year; and

WHEREAS, In 2001, the program achieved its goal of reaching a more diverse audience as roughly twenty-seven percent of participants came from ethnic minority groups; and

WHEREAS, More than three hundred 4-H members from around the state are currently visiting the State Capitol as part of a statewide education program titled “4-H Know Your Government”;

WHEREAS, Washington State University 4-H engages young people with their communities, fostering both their rights and responsibilities by focusing on community service learning; and

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate recognize the 4-H Youth Development Program for its many contributions to the youth of Washington and the betterment of our communities; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Kevin Wright, the State Program Coordinator for the 4-H Youth Development Program.

Senators Rasmussen, Haugen and Hewitt spoke to Senate Resolution 8715.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the 4-H members, who were seated in the gallery, as well as Ann Dorn form the Edgewood Hoof Beats and Paws 4-H club, who was seated on the rostrum.

MOTION

On motion of Senator Franklin, the following resolution was adopted:

SENATE RESOLUTION 8732

By Senators Franklin, Snyder, Johnson, Honeyford, Parlette, Hewitt, Spanel, Sheahan, Fraser, Regala, Rasmussen, Kohl-Welles, McAuliffe, Sheldon, B., Carlson and Eide

WHEREAS, All citizens should be made aware of the safe, proper, effective and efficient use of medications; and

WHEREAS, nearly half of the medicines prescribed are used incorrectly contributing to prolonged illness, avoidable side effects and interactions, and unnecessary hospitalization which could be prevented; and

WHEREAS, the efforts of our educational, state, and voluntary pharmacy organizations are instrumental in educating the public about safe and proper medication use; and

WHEREAS, pharmacists are devoted to improving patient health care outcomes in collaboration with other health care providers in our community, hospital, managed care, nursing home, home health care, and research and industry sites; and

WHEREAS, pharmacists provide a vital service to the community and to the advancement of high quality, cost-effective health care;

NOW, THEREFORE BE IT RESOLVED, that the Washington State Senate recognize and honor pharmacists on Pharmacy Day, February 1, 2002.

Senators Franklin, Thibaudeau, Parlette and Honeyford spoke to Senate Resolution 8732.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Rod Shafer, Executive Director of the Washington State Pharmacy Association, as well as pharmacists from across the state, who were seated in the gallery.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.

THIRD READING

SENATE BILL NO. 5624, by Senator Kohl-Welles

Requiring disclosure of fire protection and building safety information.

MOTION

On motion of Senator Kline, the rules were suspended, Senate Bill No. 5624 was returned to second reading and read the second time.

MOTION

On motion of Senator Kohl-Welles, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. I. RCW 59.18.060 and 1991 c 154 s 2 are each amended to read as follows:

The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

(1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;

(2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected;

(3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;

(4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such infestation is caused by the tenant;

(5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;

(6) Provide reasonably adequate locks and furnish keys to the tenant;

(7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good working order;

(8) Maintain the dwelling unit in reasonably weathertight condition;

(9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste;

(10) Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;

(11)(a) Provide a written notice to all tenants disclosing fire safety and protection information. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 48.48.140. The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 48.48.140(3). The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties. Further, except with respect to a single-family residence, the written notice must also disclose the following:

(i) Whether the smoke detection device is hard-wired or battery operated;

(ii) Whether the building has a fire sprinkler system;

(iii) Whether the building has a fire alarm system;

(iv) Whether the building has a smoking policy, and what that policy is;

(v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;

(vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and

(vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants.

(b) The written notice must be provided to new tenants at the time the lease or rental agreement is signed, and must be provided to current tenants as soon as possible, but not later than January 1, 2004; and

(12) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes by certified mail or by an updated posting. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent((.));

No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section."

MOTIONS

On motion of Senator Kohl-Welles, the following title amendment was adopted:On page 1, line 2 of the title, after "information;" strike the remainder of the title and insert "and amending RCW 59.18.060."

On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Senate Bill No. 5624 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5624.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5624 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

ENGROSSED SENATE BILL NO. 5624, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SENATE BILL NO. 5629, by Senators Patterson and Horn (by request of Office of Financial Management)

Changing the office of financial management's budgeting, accounting, and reporting requirements for state agencies.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5629.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5629 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5629, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SENATE BILL NO. 5683, by Senators Horn and Haugen (by request of Washington State Patrol)

Adding an ex officio member to the building code council.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5683.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5683 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5683, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

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

MESSAGE FROM THE HOUSE

February 1, 2002

MR. PRESIDENT:

The House has passed HOUSE JOINT MEMORIAL NO. 4021, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

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

INTRODUCTION AND FIRST READING OF HOUSE BILL

HJM 4021 by Representatives Buck, Rockefeller, Chandler, Holmquist, Schoesler, Mulliken, Sump, Cox, Pflug, Delvin, Cairnes, Sehlin, Armstrong, Jackley, Ballasiotes, Ahern, Talcott, Nixon, Jarrett, Skinner, Anderson, Lovick, Kenney, Morell, Schmidt, Miloscia, Simpson, Berkey, Lantz, Darneille, Fromhold, Hunt, Cooper, Conway, Casada, Esser, Campbell, Dunshee, Sommers, Gombosky, Ruderman, Eickmeyer, Kagi, Tokuda, Doumit, Sullivan, Cody, Wood, Pearson, Van Luven, Kessler, Chase, Ogden, Haigh and Woods

Honoring West Point on its 200th Anniversary.

MOTION

On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.

SECOND READING

HOUSE JOINT MEMORIAL NO. 4021, by Representatives Buck, Rockefeller, Chandler, Holmquist, Schoesler, Mulliken, Sump, Cox, Pflug, Delvin, Cairnes, Sehlin, Armstrong, Jackley, Ballasiotes, Ahern, Talcott, Nixon, Jarrett, Skinner, Anderson, Lovick, Kenney, Morell, Schmidt, Miloscia, Simpson, Berkey, Lantz, Darneille, Fromhold, Hunt, Cooper, Conway, Casada, Esser, Campbell, Dunshee, Sommers, Gombosky, Ruderman, Eickmeyer, Kagi, Tokuda, Doumit, Sullivan, Cody, Wood, Pearson, Van Luven, Kessler, Chase, Ogden, Haigh and Woods

Honoring West Point on its 200th Anniversary.

The joint memorial was read the second time.

HOUSE JOINT MEMORIAL NO. 4021

TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO LIEUTENANT GENERAL WILLIAM J. LENNOX, JR., SUPERINTENDENT, UNITED STATES MILITARY ACADEMY, WEST POINT:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, The United States Military Academy today celebrates 200 years of providing leaders of character for our Army and a lifetime of selfless service to the Nation; and

WHEREAS, On March 16, 1802, President Thomas Jefferson signed into law a bill of the United States Congress authorizing the establishment of "a military academy to be located at West Point in the State of New York;" and

WHEREAS, West Point was originally created as an academic institution devoted to the arts and sciences of warfare, and later emphasizing engineering to serve the needs of the Nation and to eliminate the country's reliance on foreign engineers and artillerists; and

WHEREAS, Isaac I. Stevens, the first graduate of West Point's Class of 1839, served as the first Governor of the Territory of Washington, and organized and led the Northern Railway Survey that paved the way for the transcontinental railroads to Washington; and

WHEREAS, United States Military Academy graduates were responsible for the construction of many of the Nation's initial railway lines, bridges, harbors and roads, and surveys and mapmaking that were vital to the infrastructure development of our great Country and its State of Washington; and

WHEREAS, United States Military Academy led Army forces into the wilderness area that became the Territory and State of Washington, providing protection and development services until the civil authority was able to assume these functions; and

WHEREAS, West Point graduates have distinguished themselves in countless ways, from Olympic glory to receiving the Heisman Trophy, from receiving scores of Rhodes Scholarships to serving as some of the Nation's pioneering astronauts; and

WHEREAS, The United States Military Academy is preparing for its third century of service to our Nation - a future in which fighting and winning our Nation's wars remains the Army's primary focus; and

WHEREAS, The United States Military Academy must also prepare officers for peacekeeping duties as part of an ever complex world; and

WHEREAS, The United States Military Academy remains today an energetic, vibrant institution that attracts some of the Nation's best and brightest young men and women from throughout the Country and its State of Washington who, in the next two hundred years of service to this Nation, will face challenges different from those that have gone before them to make up the storied Long Gray Line; and

WHEREAS, The United States Military Academy continues its lasting commitment to its motto of Duty, Honor, Country;

NOW, THEREFORE, Your Memorialists respectfully pray that the President of the United States and the Congress join with the state of Washington and other states in honoring the 200th Anniversary of the United States Military Academy at West Point in recognizing that the United States Military Academy is a living testament to the accomplishments of the United States throughout its history, and in recognizing West Point and its graduates as they move forward into the Academy's third century of service to the Nation.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, Lieutenant General William J. Lennox, Jr., Superintendent, United States Military Academy, West Point, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

MOTION

On motion of Senator Betti Sheldon, the rules were suspended, House Joint Memorial No. 4021 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4021.

ROLL CALL

The Secretary called the roll on the final passage of House Joint Memorial No. 4021 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Absent: Senator Gardner - 1.

HOUSE JOINT MEMORIAL NO. 4021, having received the constitutional majority, was declared passed.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced a Washington delegation of West Point Graduates, celebrating the bicentennial of the United States Military Academy, who were seated in the gallery.

MOTION

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

THIRD READING

SENATE BILL NO. 5692, by Senators Costa, Long, Hargrove, Rasmussen and Kohl-Welles

Creating youth courts.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 5692 was returned to second reading and read the second time.

MOTIONS

On motion of Senator Costa, the following striking amendment by Senators Costa, Long and Hargrove was adopted:Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Court" when used without further qualification means the district court under chapter 3.30 RCW, the municipal department under chapter 3.46 RCW, or the municipal court under chapter 3.50 or 35.20 RCW.

(2) "Traffic infraction" means those acts defined as traffic infractions by RCW 46.63.020.

(3) "Youth court" means an alternative method of hearing and disposing of traffic infractions for juveniles age sixteen or seventeen.

NEW SECTION. Sec. 2. (1) A court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW may create a youth court. The youth court shall have jurisdiction over traffic infractions alleged to have been committed by juveniles age sixteen or seventeen. The court may refer a juvenile to the youth court upon request of any party or upon its own motion.

(2) To be referred to a youth court, a juvenile:

(a) May not have a prior traffic infraction;

(b) May not be under the jurisdiction of any court for a violation of any provision of Title 46 RCW;

(d) Must acknowledge that there is a high likelihood that he or she would be found to have committed the traffic infraction.

NEW SECTION. Sec. 3. (1) A youth court agreement shall be a contract between a juvenile accused of a traffic infraction and a youth court whereby the juvenile agrees to fulfill certain conditions in lieu of a determination that a traffic infraction occurred. Such agreements may be entered into only after the law enforcement authority has determined that probable cause exists to believe that a traffic infraction has been committed and that the juvenile committed it. A youth court agreement shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the terms of the agreement. Such agreements shall be entered into as expeditiously as possible.

(2) A youth court agreement shall be limited to one or more of the following:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by any victim;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" includes a community-based nonprofit organization, if approved by the youth court. The state shall not be liable for costs resulting from the youth court exercising the option to permit an agreement to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

(d) A monetary penalty, not to exceed one hundred dollars. In determining the amount of the monetary penalty, the youth court shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the monetary penalty. The youth court shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the monetary penalty to be imposed;

(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas;

(f) Upon request of any victim or witness, requirements to refrain from any contact with victims or witnesses of traffic infractions committed by the juvenile;

(g) Participating in law-related education classes, appropriate counseling, treatment, or other education programs;

(h) Providing periodic reports to the youth court;

(i) Participating in mentoring programs;

(j) Serving as a participant in future youth court proceedings;

(k) Writing apology letters; or

(l) Writing essays.

(3) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.

(a) Except as provided in subsection (5) of this section, a youth court disposition shall be completed within one hundred eighty days from the date of referral.

(b) The youth court shall notify the court upon successful or unsuccessful completion of the disposition.

(4) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a youth court agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the youth court and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the youth court agreement and shall supervise the juvenile in carrying out its terms.

(5)(a) A youth court agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the youth.

(b) If additional time is necessary for the juvenile to complete restitution to a victim, the time period limitations of this subsection may be extended by an additional six months.

(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The court shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

(6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the youth court agreement.

(7) Any juvenile who is, or may be, referred to a youth court shall be afforded due process in all contacts with the youth court regardless of whether the juveniles are accepted by the youth court or whether the youth court program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No juvenile may be terminated from a youth court program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the youth court program; and

(ii) Disclosure of all evidence to be offered against the juvenile;

(d) The hearing shall be conducted by the court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the juvenile has substantially violated the terms of his or her youth court agreement.

(8) The youth court shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during youth court hearings or negotiations.

(9) The youth court shall be responsible for advising a juvenile of his or her rights as provided in this chapter.

(10) The youth court may refer a juvenile to community-based counseling or treatment programs.

(11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the youth court process or to appear in the court. The juvenile may be represented by counsel at any critical stage of the process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake interview of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the youth court agreement process.

(12) When a juvenile enters into a youth court agreement, the court may receive only the following information for dispositional purposes:

(a) The fact that a traffic infraction was alleged to have been committed;

(b) The fact that a youth court agreement was entered into;

(d) Whether the juvenile performed his or her obligations under such agreement; and

(e) The facts of the alleged traffic infraction.

(13) A youth court may refuse to enter into a youth court agreement with a juvenile. When a youth court refuses to enter a youth court agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a youth court agreement. The youth court shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the youth court agreement.

(14) A youth court may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed a traffic infraction involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a youth court agreement. A youth court's authority to counsel and release a juvenile under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs. A juvenile determined to be eligible by a youth court for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the youth court.

(15) A youth court may supervise the fulfillment of a youth court agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the juvenile's eighteenth birthday.

(16) If a monetary penalty required by a youth court agreement cannot reasonably be paid due to a change of circumstance, the youth court agreement may be modified at the request of the juvenile and with the concurrence of the youth court to convert an unpaid monetary penalty into community service. The modification of the youth court agreement shall be in writing and signed by the juvenile and the youth court. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(17) Monetary penalties imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the court and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

NEW SECTION. Sec. 4. Youth courts provide a disposition method for cases involving juveniles alleged to have committed traffic infractions, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youth courts have no jurisdiction except as provided for in this chapter. Youth courts are not courts established under Article IV of the state Constitution.

NEW SECTION. Sec. 5. (1) The administrative office of the courts shall encourage the courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;

(b) Target youth ages sixteen and seventeen who are alleged to have committed a traffic infraction; and

(i) Youth must be held accountable for their problem behavior;

(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

(iii) Youth must develop skills to resolve problems with their peers more effectively; and

(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

(2) Youth court programs may be established by law enforcement entities, municipal courts, district courts, juvenile probation departments, private nonprofit organizations, and schools, under the supervision of the court.

NEW SECTION. Sec. 6. (1) Youth courts have authority over juveniles ages sixteen and seventeen who:

(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;

(b) Admit they have committed the traffic infraction they are referred for;

(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and

(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.

(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.

(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.

(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.

(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.

NEW SECTION. Sec. 7. Youth court may not notify the court of satisfaction of conditions until all ordered restitution has been paid.

NEW SECTION. Sec. 8. Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.

Sec. 9. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

For the purposes of this chapter:

(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(2) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed five hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

(8) "Department" means the department of social and health services;

(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;

(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

(28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

(30) "Youth court" means a diversion unit under the supervision of the juvenile court.

Sec. 10. RCW 13.40.080 and 1999 c 91 s 1 are each amended to read as follows:

(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a ((diversionary)) diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

(2) A diversion agreement shall be limited to one or more of the following:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by ((the)) any victim;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the ((diversionary)) diversion unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed;

(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and

(f) Upon request of ((the)) any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.

(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to section 16 of this act.

(4) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the ((diversionary)) diversion unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

(((4))) (5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

(b) If additional time is necessary for the juvenile to complete restitution to ((the)) a victim, the time period limitations of this subsection may be extended by an additional six months.

(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (((4))) (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

(((5))) (6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(((6))) (7) Divertees and potential divertees shall be afforded due process in all contacts with a ((diversionary)) diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(((7))) (8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(((8))) (9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(((9))) (10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(((10))) (11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the ((diversionary)) diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(((11))) (12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

(a) The fact that a charge or charges were made;

(b) The fact that a diversion agreement was entered into;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(((12))) (13) A ((diversionary)) diversion unit may refuse to enter into a diversion agreement with a juvenile. When a ((diversionary)) diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The ((diversionary)) diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(((13))) (14) A ((diversionary)) diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection ((shall)) includes the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a ((diversionary)) diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

(((14))) (15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

(((15))) (16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(((16))) (17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

NEW SECTION. Sec. 11. A new section is added to chapter 13.40 RCW to read as follows:

Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in this act. Youth courts are diversion units and not courts established under Article IV of the state Constitution.

NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:

(1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;

(b) Target offenders age eight through seventeen; and

(i) Youth must be held accountable for their problem behavior;

(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

(iii) Youth must develop skills to resolve problems with their peers more effectively; and

(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

NEW SECTION. Sec. 13. A new section is added to chapter 13.40 RCW to read as follows:

(1) Youth courts have authority over juveniles ages eight through seventeen who:

(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;

(b) Admit they have committed the offense they are referred for;

(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and

(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.

(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.

(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.

(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.

NEW SECTION. Sec. 14. A new section is added to chapter 13.40 RCW to read as follows:

Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.

NEW SECTION. Sec. 15. A new section is added to chapter 13.40 RCW to read as follows:

Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.

NEW SECTION. Sec. 16. A new section is added to chapter 13.40 RCW to read as follows:

(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:

(a) Participating in law-related education classes, appropriate counseling, treatment, or other education programs;

(b) Providing periodic reports to the youth court;

(d) Serving as a participant in future youth court proceedings;

(e) Writing apology letters; or

(f) Writing essays.

(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.

(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.

(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.

(5) Youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.

(6) Youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.

NEW SECTION. Sec. 17. A new section is added to chapter 13.40 RCW to read as follows:

A youth court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the youth court.

NEW SECTION. Sec. 18. A new section is added to chapter 28A.300 RCW to read as follows:

The office of the superintendent of public instruction shall encourage school districts to implement, expand, or use student court programs for students who commit violations of school rules and policies. Program operations of student courts may be funded by government and private grants. Student court programs are limited to those that:

(1) Are developed using the guidelines for creating and operating student court programs developed by nationally recognized student court projects;

(2) Target violations of school rules by students enrolled in public or private school; and

(3) Emphasize the following principles:

(a) Youth must be held accountable for their problem behavior;

(b) Youth must be educated about the impact their actions have on themselves and others including the school, school personnel, their classmates, their families, and their community;

(d) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

NEW SECTION. Sec. 19. A new section is added to chapter 28A.320 RCW to read as follows:

Local school boards may provide for school credit for participation as a member of a youth court as defined in section 1 of this act or RCW 13.40.020 or a student court pursuant to section 18 of this act.

Sec. 20. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

(1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions.

(4) Traffic or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by section 16 of this act.

(5) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).

Sec. 21. RCW 46.63.040 and 1984 c 258 s 137 are each amended to read as follows:

(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.

(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.

(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.

(4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.

(5) Any district or municipal court may refer juveniles age sixteen or seventeen who are enrolled in school to a youth court, as defined in section 1 of this act or RCW 13.40.020, for traffic infractions.

(6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560.

NEW SECTION. Sec. 22. Sections 1 through 8 of this act constitute a new chapter in Title 3 RCW."

MOTIONS

On motion of Senator Costa, the following title amendment was adopted:

On page 1, line 2 of the title, after "violations;" strike the remainder of the title and insert "amending RCW 13.40.020, 13.40.080, 13.40.250, and 46.63.040; adding new sections to chapter 13.40 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.320 RCW; and adding a new chapter to Title 3 RCW."

On motion of Senator Costa, the rules were suspended, Engrossed Senate Bill No. 5692 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Thibaudeau: “Senator Costa, very briefly, some years ago when the Legislature did a major juvenile court reform, we were able to insert an amendment, whereby learning to read–as so many of these youths don’t know how to read. Their community restitution could be considered learning how to read. Would this bill cover that?”

Senator Costa: “Thank you, Senator, for asking. The sanctions that are allowed under this bill are the same that are allowed under any diversion program that the court currently has. It does include offenders paying reasonable fees, taking education classes, which would include reading, counseling or treatment and community restitution, actually providing service within their community for paying back to the community. So, yes, that would be covered. Thank you.”

Senator Thibaudeau: “Thank you.”

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5692.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5692 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Voting nay: Senators Hochstatter, Honeyford and Morton - 3.

ENGROSSED SENATE BILL NO. 5692, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SENATE BILL NO. 5699, by Senators Carlson, Benton, Honeyford, Hale and Zarelli

Modifying the Washington state scholars program.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5699.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5699 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5699, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SENATE BILL NO. 5735, by Senators Gardner, Roach, Haugen, Hochstatter, Honeyford, Stevens, Deccio, Rossi, Zarelli, Benton, Horn, T. Sheldon, Sheahan, Spanel, Shin, Finkbeiner, Hargrove, West, Long and Franklin

Allowing motorcycles to have blue dot taillights.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5735.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5735 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Absent: Senator Hargrove - 1.

SENATE BILL NO. 5735, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator Winsley was excused.

THIRD READING

SENATE BILL NO. 5739, by Senators Gardner, Rasmussen, Eide, Sheahan, Horn and Kohl-Welles

Addressing transportation needs of persons with special transportation needs.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5739.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5739 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Winsley - 1.

SENATE BILL NO. 5739, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5777, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Prentice, Winsley, Thibaudeau, Deccio and Rasmussen)

Permitting retired and disabled employees to obtain health insurance.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5777 was returned to second reading and read the second time.

MOTIONS

On motion of Senator Thibaudeau, the following amendments were considered simultaneously and adopted:

On page 4, line 23, after December 1," strike "2008" and insert "2009"

On page 4, line 24, after "January 1," strike "2002" and insert "2003"

On page 4, line 26, after "January 1," strike "2002" and insert "2003"

On page 4, line 28, after "January 1," strike "2003" and insert "2004"

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5777 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5777.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5777 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 47.

Absent: Senator Finkbeiner - 1.

Excused: Senator Winsley - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5777, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

SUBSTITUTE SENATE BILL NO. 5791, by Senate Committee on Judiciary (originally sponsored by Senators Kline, Sheahan, Patterson, McCaslin, Constantine, Johnson, Costa, Kohl-Welles, Deccio, Roach and Winsley)

Paying for certain actions and proceedings for damages brought against law enforcement officers.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5791.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5791 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Winsley - 1.

SUBSTITUTE SENATE BILL NO. 5791, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

THIRD READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5906, by Senate Committee on Education (originally sponsored by Senators Rasmussen, Finkbeiner, McAuliffe, Eide, Regala, Kastama, Hewitt, Hochstatter and Kohl-Welles)

Creating the technology in education task force.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5906 was returned to second reading and read the second time.

MOTION

On motion of Senator Rasmussen, the following amendments were considered simultaneously and adopted:

On page 2, line 6, strike "2001" and insert "2002"

On page 2, line 27, strike "co-speakers" and insert "speaker"

On page 3, line 1, strike "2001" and insert "2002"

MOTION

On motion of Senator Rasmussen, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5906 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5906.

ROLL CALL

The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5906 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5906, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Eide, Senator Tim Sheldon was excused.

THIRD READING

SENATE BILL NO. 5829, by Senators Prentice, Patterson and Swecker

Relating to cooperative activities by local governments.

The bill was read the third time and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5829.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5829 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Absent: Senator Carlson - 1.

Excused: Senator Sheldon, T. - 1.

SENATE BILL NO. 5829, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

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

MESSAGE FROM THE HOUSE

February 1, 2002

MR. PRESIDENT:

The Speaker has signed HOUSE JOINT MEMORIAL NO. 4021, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

HOUSE JOINT MEMORIAL NO. 4021.

MOTION

At 12:00 noon, on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, February 4, 2002.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate