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S1142.................................................by HEALTH AND WELFARE JUVENILES - SUBSTANCE ABUSE - Amends existing law relating to Juvenile Corrections to authorize the courts to order that the Department of Health and Welfare conduct comprehensive substance abuse assessments of juveniles and to order immediate treatment under certain conditions; to provide for costs; and to authorize rules. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Jud 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Coiner Floor Sponsor - Stegner Title apvd - to House 03/02 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Roberts, Thayn Floor Sponsor - Block Title apvd - to Senate 03/23 To enrol 03/26 Rpt enrol - Pres signed - Sp signed - To Governor 03/30 Governor signed Session Law Chapter 308 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1142 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-520, IDAHO CODE, TO AU- 3 THORIZE COURTS TO ORDER THAT THE DEPARTMENT OF HEALTH AND WELFARE CONDUCT 4 COMPREHENSIVE SUBSTANCE ABUSE ASSESSMENTS OF JUVENILES AND TO ORDER IMME- 5 DIATE TREATMENT UNDER CERTAIN CONDITIONS, TO PROVIDE FOR COSTS, TO AUTHOR- 6 IZE RULES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 20-508, 7 IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 20-509, 8 IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND AMENDING SECTION 9 20-532, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 14 is within the purview of the act, the court shall then hold a sentencing hear- 15 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 16 tence that will promote accountability, competency development and community 17 protection. Prior to the entry of an order disposing of the case, other than 18 an order of discharge or dismissal, the court may request and, if requested, 19 shall receive a report containing the results of an inquiry into the home 20 environment, past history, competency development, prevention or out of home 21 placement services provided, and the social, physical and mental condition of 22 the juvenile. The court shall not consider or review the report prior to the 23 entry of an order of adjudication. Upon presentation and consideration of the 24 report by the court, the court may proceed to sentence the juvenile as fol- 25 lows: 26 (a) Place the juvenile on formal probation for a period not to exceed 27 three (3) years from the date of the order, except the court may place a 28 juvenile on formal probation for a period not to exceed the juvenile's 29 twenty-first birthday if the court finds that the juvenile has committed a 30 crime of a sexual nature; 31 (b) Sentence the juvenile to detention pursuant to this act for a period 32 not to exceed thirty (30) days for each act, omission or status which is 33 prohibited by the federal, state, local or municipal law or ordinance by 34 reason of minority only. The sentence shall not be executed unless the 35 act, omission or status is in violation of section 922(x) of title 18, 36 United States Code, or the court finds that the juvenile has violated the 37 court's decree imposing the sentence as provided below. 38 If the court, after notice and hearing, finds that a juvenile has 39 violated the court's decree imposing the sentence under circumstances that 40 bring the violation under the valid court order exception of the federal 41 juvenile justice and delinquency prevention act of 1974, as amended, the 42 court may commit the juvenile to detention for the period of detention 43 previously imposed at sentencing; 2 1 (c) Commit the juvenile to a period of detention, pursuant to this act, 2 for a period of time not to exceed ninety (90) days for each unlawful or 3 criminal act the juvenile is found to have committed, if the unlawful or 4 criminal act would be a misdemeanor if committed by an adult, or where the 5 juvenile has been adjudicated as an habitual status offender; 6 (d) If the juvenile has committed an unlawful or criminal act which would 7 be a felony if committed by an adult, the court may commit the juvenile to 8 detention for a period not to exceed one hundred eighty (180) days for 9 each unlawful or criminal act; 10 (e) Whenever a court commits a juvenile to a period of detention it shall 11 notify the school district where the detention facility is located. No 12 juvenile who is found to come within the purview of the act for the com- 13 mission of a status offense shall be sentenced to detention in a jail 14 facility unless an adjudication has been made that the juvenile is an 15 habitual status offender; 16 (f) Commit the juvenile to detention and suspend the sentence on specific 17 probationary conditions; 18 (g) The court may suspend or restrict the juvenile's driving privileges 19 for such periods of time as the court deems necessary, and the court may 20 take possession of the juvenile's driver's license. The juvenile may 21 request restricted driving privileges during a period of suspension, which 22 the court may allow if the juvenile shows by a preponderance of evidence 23 that driving privileges are necessary for his employment or for family 24 health needs; 25 (h) The court may order that the juvenile be examined or treated by a 26 physician, surgeon, psychiatrist or psychologist, or that he receive other 27 special care, or that he submit to an alcohol or drug evaluation, if 28 needed, and for such purposes may place the juvenile in a hospital or 29 other suitable facility; 30 (i) The court may order that the department of health and welfare conduct 31 a comprehensive substance abuse assessment of the juvenile. After receiv- 32 ing the comprehensive substance abuse assessment, and upon a finding by 33 the court that treatment will provide a cost-effective means of achieving 34 the sentencing goals of accountability, competency development and commu- 35 nity protection, the court may order that the juvenile receive immediate 36 treatment for substance abuse in keeping with a plan of treatment approved 37 by the court. The initial cost of the assessment and treatment shall be 38 borne by the department of health and welfare. The director of the depart- 39 ment of health and welfare may promulgate rules consistent with this para- 40 graph (i) to establish a schedule of fees to be charged to parents by the 41 department of health and welfare for such services based upon the cost of 42 the services and the ability of parents to pay; 43 (j) In support of an order under the provisions of this section, the 44 court may make an additional order setting forth reasonable conditions to 45 be complied with by the parents, the juvenile, his legal guardian or cus- 46 todian, or any other person who has been made a party to the proceedings, 47 including, but not limited to, restrictions on visitation by the parents 48 or one (1) parent, restrictions on the juvenile's associates, occupation 49 and other activities, and requirements to be observed by the parents, 50 guardian or custodian; 51 (jk) The court may make any other reasonable order which is in the best 52 interest of the juvenile or is required for the protection of the public, 53 except that no person under the age of eighteen (18) years may be commit- 54 ted to jail, prison or a secure facility which does not meet the standards 55 set forth in section 20-518, Idaho Code, unless jurisdiction over the 3 1 individual is in the process of being waived or has been waived pursuant 2 to section 20-508 or 20-509, Idaho Code. The court may combine several of 3 the above-listed modes of disposition where they are compatible; 4 (kl) An order under the provisions of this section for probation or 5 placement of a juvenile with an individual or an agency may provide a 6 schedule for review of the case by the court; 7 (lm) Order the proceeding expanded or altered to include consideration of 8 the cause pursuant to chapter 16, title 16, Idaho Code; 9 (mn) Order the case and all documents and records connected therewith 10 transferred to the magistrate division of the district court for the 11 county where the juvenile and/or parents reside if different than the 12 county where the juvenile was charged and found to have committed the 13 unlawful or criminal act, for the entry of a dispositional order; 14 (no) Order such other terms, conditions, care or treatment as appears to 15 the court will best serve the interests of the juvenile and the community; 16 (op) The court shall assess a twenty dollar ($20.00) detention/probation 17 training academy fee against the juvenile for every petition filed where 18 there has been an adjudication that the juvenile is within the purview of 19 this chapter. All moneys raised pursuant to thissubsectionparagraph 20 shall be transmitted by the court for deposit in the juvenile corrections 21 fund which is created in section 20-542, Idaho Code; 22 (pq) Additionally, the court shall assess a fee of sixty cents (60¢) per 23 hour of community service against the juvenile for every petition filed 24 where there has been an adjudication that the juvenile is within the pur- 25 view of this chapter and the court is ordering community service. Such 26 fee is to be remitted by the court to the state insurance fund for pur- 27 poses of providing worker's compensation insurance for persons performing 28 community service pursuant to this chapter; 29 (qr) Commit the juvenile to the legal custody of the department of juve- 30 nile corrections for an indeterminate period of time not to exceed the 31 juvenile's nineteenth birthday, unless, in the opinion of the custody 32 review board, extended time in custody is necessary to address competency 33 development, accountability, and community protection; provided however, 34 that no juvenile shall remain in the custody of the department beyond the 35 juvenile's twenty-first birthday. The department shall adopt rules imple- 36 menting the custody review board and operations and procedures of such 37 board; 38 (rs) Notwithstanding any other provision of this section, a court may not 39 commit a juvenile offender under the age of ten (10) years to a period of 40 detention or to the custody of the department of juvenile corrections for 41 placement in secure confinement. 42 (2) When an order is entered pursuant to this section, the juvenile shall 43 be transported to the facility or program so designated by the court or the 44 department, as applicable, by the sheriff of the county where the juvenile 45 resides or is committed, or by an appointed agent. When committing a juvenile 46 to the department, or another entity, the court shall at once forward to the 47 department or entity a certified copy of the order of commitment. 48 (3) Unless the court determines that an order of restitution would be 49 inappropriate or undesirable, it shall order the juvenile or his parents or 50 both to pay restitution to or make whole any victim who suffers an economic 51 loss as a result of the juvenile's conduct in accordance with the standards 52 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 53 restitution which may be ordered by the court shall not be subject to the lim- 54 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 55 prior to any other court-ordered payments unless the court specifically orders 4 1 otherwise. 2 (4) The court may order the juvenile's parents, legal guardian or custo- 3 dian to pay the charges imposed by community programs ordered by the court for 4 the juvenile, or the juvenile's parents, legal guardian or custodian. 5 (5) Any parent, legal guardian or custodian violating any order of the 6 court entered against the person under the provisions of this chapter shall be 7 subject to contempt proceedings under the provisions of chapter 6, title 7, 8 Idaho Code. 9 SECTION 2. That Section 20-508, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 20-508. WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS. (1) After 12 the filing of a petition and after full investigation and hearing, the court 13 may waive jurisdiction under the juvenile corrections act over the juvenile 14 and order that the juvenile be held for adult criminal proceedings when: 15 (a) A juvenile is alleged to have committed any of the crimes enumerated 16 in section 20-509, Idaho Code; or 17 (b) A juvenile is alleged to have committed an act other than those enu- 18 merated in section 20-509, Idaho Code, after the child became fourteen 19 (14) years of age which would be a crime if committed by an adult; or 20 (c) An adult at the time of the filing of the petition is alleged to have 21 committed an act prior to his having become eighteen (18) years of age 22 which would be a felony if committed by an adult, and the court finds that 23 the adult is not committable to an institution for the mentally deficient 24 or mentally ill, is not treatable in any available institution or facility 25 available to the state designed for the care and treatment of juveniles, 26 or that the safety of the community requires the adult continue under 27 restraint; or 28 (d) An adult already under the jurisdiction of the court is alleged to 29 have committed a crime while an adult. 30 (2) A motion to waive jurisdiction under the juvenile corrections act and 31 prosecute a juvenile under the criminal law may be made by the prosecuting 32 attorney, the juvenile, or by motion of the court upon its own initiative. The 33 motion shall be in writing and contain the grounds and reasons in support 34 thereof. 35 (3) Upon the filing of a motion to waive jurisdiction under the juvenile 36 corrections act, the court shall enter an order setting the motion for hearing 37 at a time and date certain and shall order a full and complete investigation 38 of the circumstances of the alleged offense to be conducted by county proba- 39 tion, or such other agency or investigation officer designated by the court. 40 (4) Upon setting the time for the hearing upon the motion to waive juris- 41 diction, the court shall give written notice of said hearing to the juvenile, 42 and the parents, guardian or custodian of the juvenile, and the prosecuting 43 attorney, at least ten (10) days before the date of the hearing, or a lesser 44 period stipulated by the parties, and such notice shall inform the juvenile 45 and the parents, guardian or custodian of the juvenile of their right to court 46 appointed counsel. Service of the notice shall be made in the manner pre- 47 scribed for service of a summons under section 20-512, Idaho Code. 48 (5) The hearing upon the motion to waive jurisdiction shall be held in 49 the same manner as an evidentiary hearing upon the original petition and shall 50 be made part of the record. 51 (6) If as a result of the hearing on the motion to waive jurisdiction the 52 court shall determine that jurisdiction should not be waived, the petition 53 shall be processed in the customary manner as a juvenile corrections act pro- 5 1 ceeding. However, in the event the court determines, as a result of the hear- 2 ing, that juvenile corrections act jurisdiction should be waived and the juve- 3 nile should be prosecuted under the criminal laws of the state of Idaho, the 4 court shall enter findings of fact and conclusions of law upon which it bases 5 such decision together with a decree waiving juvenile corrections act juris- 6 diction and binding the juvenile over to the authorities for prosecution under 7 the criminal laws of the state of Idaho. 8 (7) No motion to waive juvenile corrections act jurisdiction shall be 9 recognized, considered, or heard by the court in the same case once the court 10 has entered an order or decree in that case that said juvenile has come within 11 the purview of the juvenile corrections act, and all subsequent proceedings 12 after the decree finding the juvenile within the purview of the act must be 13 under and pursuant to the act and not as a criminal proceeding. 14 (8) In considering whether or not to waive juvenile court jurisdiction 15 over the juvenile, the juvenile court shall consider the following factors: 16 (a) The seriousness of the offense and whether the protection of the com- 17 munity requires isolation of the juvenile beyond that afforded by juvenile 18 facilities; 19 (b) Whether the alleged offense was committed in an aggressive, violent, 20 premeditated, or willful manner; 21 (c) Whether the alleged offense was against persons or property, greater 22 weight being given to offenses against persons; 23 (d) The maturity of the juvenile as determined by considerations of his 24 home, environment, emotional attitude, and pattern of living; 25 (e) The juvenile's record and previous history of contacts with the juve- 26 nile corrections system; 27 (f) The likelihood that the juvenile will develop competency and life 28 skills to become a contributing member of the community by use of facili- 29 ties and resources available to the court; 30 (g) The amount of weight to be given to each of the factors listed in 31 subsection (8) of this section is discretionary with the court, and a 32 determination that the juvenile is not a fit and proper subject to be 33 dealt with under the juvenile court law may be based on any one (1) or a 34 combination of the factors set forth above, which shall be recited in the 35 order of waiver. 36 (9) If the court does not waive jurisdiction and order a juvenile or 37 adult held for criminal proceedings, the court in a county other than the 38 juvenile's or adult's home county, after entering a decree that the juvenile 39 or adult is within the purview of this chapter, may certify the case for sen- 40 tencing to the court of the county in which the juvenile or adult resides 41 upon being notified that the receiving court is willing to accept transfer. In 42 the event of a transfer, which should be made unless the court finds it con- 43 trary to the interest of the juvenile or adult, the jurisdiction of the 44 receiving court shall attach to the same extent as if the court had original 45 jurisdiction. 46 (10) Upon conviction of a juvenile held for adult criminal proceedings 47 under this section, the sentencing judge may, if a finding is made that adult 48 sentencing measures would be inappropriate: 49 (a) Sentence the convicted person in accordance with the juvenile sen- 50 tencing options set forth in this chapter; or 51 (b) Sentence the convicted person to the county jail or to the custody of 52 the state board of correction but suspend the sentence or withhold judg- 53 ment pursuant to section 19-2601, Idaho Code, and commit the defendant to 54 the custody of the department of juvenile corrections for an indeterminate 55 period of time in accordance with section 20-520(1)(qr), Idaho Code. The 6 1 court, in its discretion, may order that the suspended sentence or with- 2 held judgment be conditioned upon the convicted person's full compliance 3 with all reasonable program requirements of the department of juvenile 4 corrections. Such a sentence may also set terms of probation, which may 5 be served under the supervision of county juvenile probation. However, in 6 no event may the total of the actual time spent by the convicted person in 7 the custody of the department plus any adult sentence imposed by the court 8 exceed the maximum period of imprisonment that could be imposed on an 9 adult convicted of the same crime. 10 (c) If a convicted person is given a suspended sentence or withheld judg- 11 ment conditioned upon the convicted person's compliance with all reason- 12 able program requirements of the department pursuant to paragraph (b) of 13 this subsection, and if the department reasonably believes that the con- 14 victed person is failing to comply with all reasonable program require- 15 ments, the department may petition the sentencing court to revoke the com- 16 mitment to the department and transfer the convicted person to the county 17 jail or to the custody of the state board of correction for the remainder 18 of the sentence. 19 SECTION 3. That Section 20-509, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS 22 AND OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen (18) 23 years, who is alleged to have committed any of the following crimes or any 24 person under age fourteen (14) years who is alleged to have committed any of 25 the following crimes and, pursuant to section 20-508, Idaho Code, has been 26 ordered by the court to be held for adult criminal proceedings: 27 (a) Murder of any degree or attempted murder; 28 (b) Robbery; 29 (c) Rape, but excluding statutory rape; 30 (d) Forcible sexual penetration by the use of a foreign object; 31 (e) Infamous crimes against nature, committed by force or violence; 32 (f) Mayhem; 33 (g) Assault or battery with the intent to commit any of the above serious 34 felonies; 35 (h) A violation of the provisions of section 37-2732(a)(1)(A), (B) or 36 (C), Idaho Code, when the violation occurred on or within one thousand 37 (1,000) feet of the property of any public or private primary or secondary 38 school, or in those portions of any building, park, stadium or other 39 structure or grounds which were, at the time of the violation, being used 40 for an activity sponsored by or through such a school; 41 (i) Arson in the first degree and aggravated arson; 42 shall be charged, arrested and proceeded against by complaint, indictment or 43 information as an adult. All other felonies or misdemeanors charged in the 44 complaint, indictment or information, which are based on the same act or 45 transaction or on one (1) or more acts or transactions as the violent or con- 46 trolled substances offense shall similarly be charged, arrested and proceeded 47 against as an adult. Any juvenile proceeded against pursuant to this section 48 shall be accorded all constitutional rights, including bail and trial by jury, 49 and procedural safeguards as if that juvenile were an adult defendant. 50 (2) Once a juvenile has been formally charged or indicted pursuant to 51 this section or has been transferred for criminal prosecution as an adult pur- 52 suant to the waiver provisions of section 20-508, Idaho Code, or this section, 53 the juvenile shall be held in a county jail or other adult prison facility 7 1 unless the court, after finding good cause, orders otherwise. 2 (3) Except as otherwise allowed by subsection (4) of this section, once a 3 juvenile has been found to have committed the offense for which the juvenile 4 was charged, indicted or transferred pursuant to this section or section 5 20-508, Idaho Code, or has been found guilty or pled guilty to a lesser 6 offense or amended charge growing out of or included within the original 7 charge, whether or not such lesser offense or amended charge is included 8 within the acts enumerated in subsection (1) of this section, the juvenile 9 shall thereafter be handled in every respect as an adult. For any subsequent 10 violation of Idaho law, the juvenile shall be handled in every respect as an 11 adult. 12 (4) Upon the conviction of a juvenile pursuant to this section, the sen- 13 tencing judge may, if a finding is made that adult sentencing measures would 14 be inappropriate: 15 (a) Sentence the convicted person in accordance with the juvenile sen- 16 tencing options set forth in this chapter; or 17 (b) Sentence the convicted person to the county jail or to the custody of 18 the state board of correction but suspend the sentence or withhold judg- 19 ment pursuant to section 19-2601, Idaho Code, and commit the defendant to 20 the custody of the department of juvenile corrections for an indeterminate 21 period of time in accordance with section 20-520(1)(qr), Idaho Code. The 22 court, in its discretion, may order that the suspended sentence or with- 23 held judgment be conditioned upon the convicted person's full compliance 24 with all reasonable program requirements of the department of juvenile 25 corrections. Such a sentence may also set terms of probation, which may be 26 served under the supervision of county juvenile probation. However, in no 27 event may the total of the actual time spent by the convicted person in 28 the custody of the department plus any adult sentence imposed by the court 29 exceed the maximum period of imprisonment that could be imposed on an 30 adult convicted of the same crime. 31 (c) If a convicted person is given a suspended sentence or withheld judg- 32 ment conditioned upon the convicted person's compliance with all reason- 33 able program requirements of the department pursuant to paragraph (b) of 34 this subsection, and if the department reasonably believes that the con- 35 victed person is failing to comply with all reasonable program require- 36 ments, the department may petition the sentencing court to revoke the com- 37 mitment to the department and transfer the convicted person to the county 38 jail or to the custody of the state board of correction for the remainder 39 of the sentence. 40 SECTION 4. That Section 20-532, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 20-532. TERM OF COMMITMENT -- REVIEW AFTER COMMITMENT. A juvenile 43 offender committed to a secure facility shall remain until the offender 44 reaches nineteen (19) years of age, is retained for extended custody pursuant 45 to section 20-520(1)(qr), Idaho Code, or is released or discharged. A juvenile 46 offender committed to a secure facility shall appear before the department 47 within ninety (90) days after commitment, for review of treatment plans.
STATEMENT OF PURPOSE RS 16941C1 This legislation is a recommendation of the Interim Committee on Mental Health and Substance Abuse that met during the past summer and fall of 2006. This legislation adds a new paragraph to the Sentencing Chapter of the Juvenile Correction Act of the Idaho Code that deals with substance abuse. The changes allow judges some broadened sentencing and treatment options. The legislation allows a judge to order a substance abuse assessment and based on that assessment, order a juvenile to receive substance abuse treatment based on a treatment plan approved by the court. FISCAL NOTE This legislation broadens the state juvenile court sentencing and treatment options for substance abusing juveniles and it does so within the existing court structure. The implementation of this legislation is not expected to have a fiscal impact on the general fund. It is possible that alternative sentencing and treatment options could potentially save the state money by reducing the number of juveniles placed in the custody of the state. Contact Name: Senator Joe Stegner Phone: 208 332-1308 Representative Sharon Block Senator Joyce Broadsword Representative Margaret Henbest Senator Chuck Coiner Representative Jo An Wood Senator Elliot Werk STATEMENT OF PURPOSE/FISCAL NOTE S 1142