The House was called to order at 9:00 a.m. by the Speaker (Representative Orwall presiding). The Clerk called the roll and a quorum was present.

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Christiaan Ramos and Vincent Walsh-Smith. The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Representative Drew Hansen, 23^rd District, Washington.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGES FROM THE SENATE

March 3, 2015

MR. SPEAKER:

The Senate has passed:

SENATE BILL NO. 5106

ENGROSSED SENATE BILL NO. 5111

SUBSTITUTE SENATE BILL NO. 5145

ENGROSSED SUBSTITUTE SENATE BILL NO. 5158

SUBSTITUTE SENATE BILL NO. 5166

ENGROSSED SUBSTITUTE SENATE BILL NO. 5441

ENGROSSED SUBSTITUTE SENATE BILL NO. 5460

SENATE BILL NO. 5466

SENATE BILL NO. 5468

SUBSTITUTE SENATE BILL NO. 5485

SENATE BILL NO. 5496

SENATE BILL NO. 5499

SENATE BILL NO. 5542

SUBSTITUTE SENATE BILL NO. 5596

SENATE BILL NO. 5603

SENATE BILL NO. 5606

SUBSTITUTE SENATE BILL NO. 5622

SUBSTITUTE SENATE BILL NO. 5633

ENGROSSED SUBSTITUTE SENATE BILL NO. 5803

ENGROSSED SENATE BILL NO. 5893

SENATE BILL NO. 5978

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

March 3, 2015

MR. SPEAKER:

The Senate has passed:

SENATE BILL NO. 5125

SENATE BILL NO. 5270

SUBSTITUTE SENATE BILL NO. 5292

SENATE BILL NO. 5314

SENATE BILL NO. 5318

SENATE BILL NO. 5396

SUBSTITUTE SENATE BILL NO. 5398

ENGROSSED SENATE BILL NO. 5424

SUBSTITUTE SENATE BILL NO. 5448

ENGROSSED SUBSTITUTE SENATE BILL NO. 5477

SECOND SUBSTITUTE SENATE BILL NO. 5486

SENATE BILL NO. 5511

SENATE BILL NO. 5532

SENATE BILL NO. 5634

SENATE BILL NO. 5689

SENATE BILL NO. 5725

SUBSTITUTE SENATE BILL NO. 5730

SENATE BILL NO. 5746

ENGROSSED SENATE BILL NO. 5923

SENATE BILL NO. 5958

SENATE JOINT MEMORIAL NO. 8006

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8007

SENATE JOINT MEMORIAL NO. 8012

SENATE JOINT MEMORIAL NO. 8013

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

There being no objection, the House advanced to the fourth order of business.

INTRODUCTION & FIRST READING

HB 2186 by Representatives Walkinshaw, Fitzgibbon, Farrell and Fey

AN ACT Relating to establishing a tax for the provision of nonresidential parking facilities; amending RCW 36.120.050 and 82.80.070; adding a new section to chapter 82.80 RCW; and providing an effective date.

Referred to Committee on Transportation.

There being no objection, the bill listed on the day’s introduction sheet under the fourth order of business was referred to the committee so designated.

There being no objection, the House advanced to the sixth order of business.

SECOND READING

HOUSE BILL NO. 1727, by Representatives Schmick, Cody and Short

Permitting nursing assistants to perform simple care tasks under indirect supervision. Revised for 1st Substitute: Modifying the definition of health care facility relating to nursing assistants' practice settings.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1727 was substituted for House Bill No. 1727 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1727 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Schmick and Cody spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1727.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1727, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

SUBSTITUTE HOUSE BILL NO. 1727, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1132, by Representatives Tharinger, Harris, Wylie, Van De Wege, Johnson, Lytton, Fey, Riccelli, Jinkins, Buys, Cody, Appleton, Ortiz-Self, Hayes, Gregerson and Short

Concerning the regulation of adult family homes.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1132 was substituted for House Bill No. 1132 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1132 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Tharinger and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1132.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1132, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1132, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1667, by Representatives Cody, Jinkins, Robinson and Tharinger

Establishing the bleeding disorder collaborative for care.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1667 was substituted for House Bill No. 1667 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1667 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Cody, Schmick and Stambaugh spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1667.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1667, and the bill passed the House by the following vote: Yeas, 93; Nays, 5; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, G. Hunt, McCaslin, Shea and Taylor.

SUBSTITUTE HOUSE BILL NO. 1667, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2007, by Representatives Zeiger, Sullivan, Stambaugh, Van De Wege, Riccelli and Ormsby

Concerning reimbursement to eligible providers for medicaid ground emergency medical transportation services.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Zeiger and Ormsby spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2007.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2007, and the bill passed the House by the following vote: Yeas, 88; Nays, 10; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, G. Hunt, Klippert, Kretz, McCaslin, Scott, Shea, Short, Taylor and Young.

HOUSE BILL NO. 2007, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2021, by Representatives Riccelli, Parker, Cody, Holy, Ormsby and Muri

Concerning the prescription drug assistance foundation.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2021 was substituted for House Bill No. 2021 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2021 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Riccelli and Schmick spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2021.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2021, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 2021, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1236, by Representatives Ortiz-Self, Johnson, Santos, Lytton, Moscoso, Pettigrew, Walkinshaw, Kilduff, Sawyer, Reykdal, Bergquist, Fey, Tarleton and Hudgins

Eliminating the parent or guardian approval requirement for the college bound scholarship pledge. Revised for 1st Substitute: Allowing certain school personnel to witness a student's college bound scholarship pledge if the student's parent or guardian is unavailable. (REVISED FOR ENGROSSED: Concerning witnessing a student's college bound scholarship pledge when efforts to obtain a parent's or guardian's signature are unsuccessful. )

The bill was read the second time.

There being no objection, Substitute House Bill No. 1236 was substituted for House Bill No. 1236 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1236 was read the second time.

Representative Ortiz-Self moved the adoption of amendment (102):

0) On page 2, beginning on line 11, after "form." strike all material through "instead." on line 14.

On page 2, line 15, after "(b)" insert "(i) Beginning in the 2015-16 academic year, the office of student financial assistance shall make multiple attempts to secure the signature of the student's parent or guardian for the purpose of witnessing the pledge.

(ii) If the signature of the student's parent or guardian is not obtained, the office of student financial assistance may partner with the school counselor or administrator to secure the parent's or guardian's signature to witness the pledge.

(iii) If a parent's or guardian's signature is still not obtained, the school counselor or administrator may witness the pledge and indicate to the office of student financial assistance the nature of the unsuccessful efforts to contact the student's parent or guardian.

(c)"

Representatives Ortiz-Self and Zeiger spoke in favor of the adoption of the amendment.

Amendment (102) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ortiz-Self, Zeiger, Johnson and Pollet spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1236.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1236, and the bill passed the House by the following vote: Yeas, 74; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Clibborn, Cody, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hawkins, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kristiansen, Lytton, MacEwen, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, G. Hunt, Hargrove, Harmsworth, Harris, Hayes, Holy, Kretz, Magendanz, McCaslin, Pike, Schmick, Scott, Shea, Short, Taylor, Van Werven, Vick, Wilcox, Wilson and Young.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1295, by Representatives Hudgins, Magendanz, S. Hunt, Walsh, Walkinshaw, Lytton, Senn, Jinkins, Sawyer, Stokesbary, Reykdal, Robinson, McBride, Stanford, Tharinger, Bergquist, Clibborn, Pollet, Fey, Gregerson and Tarleton

Concerning breakfast after the bell programs.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1295 was substituted for House Bill No. 1295 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1295 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Hudgins, Magendanz, Johnson, Kilduff, Santos, Walsh, Bergquist, Caldier and Ortiz-Self spoke in favor of the passage of the bill.

Representatives Hargrove, Dent and Young spoke against the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1295.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1295, and the bill passed the House by the following vote: Yeas, 65; Nays, 33; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Hansen, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Lytton, MacEwen, Magendanz, Manweller, McBride, Moeller, Morris, Moscoso, Muri, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wilcox, Wylie and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Klippert, Kretz, Kristiansen, McCabe, McCaslin, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick, Wilson, Young and Zeiger.

SUBSTITUTE HOUSE BILL NO. 1295, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Substitute House Bill No. 1295.

Representative Parker, 6th District

SECOND READING

HOUSE BILL NO. 1532, by Representatives Smith, Stanford, DeBolt, Riccelli and Tarleton

Concerning budget submissions for capital design and construction at institutions of higher education.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Smith and Stanford spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1532.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1532, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1532, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1696, by Representative Haler

Modifying provisions related to tuition setting authority at public institutions of higher education.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1696 was substituted for House Bill No. 1696 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1696 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Haler and Pollet spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1696.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1696, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1696, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1783, by Representatives Ortiz-Self, Walkinshaw, Bergquist, Moscoso, Hudgins, Pollet and Santos

Expanding dual language and bilingual instruction for early learners through secondary students.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1783 was substituted for House Bill No. 1783 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1783 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ortiz-Self, Magendanz and Santos spoke in favor of the passage of the bill.

Representatives Hargrove and Taylor spoke against the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1783.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1783, and the bill passed the House by the following vote: Yeas, 64; Nays, 34; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hawkins, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Lytton, Magendanz, Manweller, McBride, Moeller, Morris, Moscoso, Muri, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, G. Hunt, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Klippert, Kretz, Kristiansen, MacEwen, McCabe, McCaslin, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick, Wilson and Young.

SUBSTITUTE HOUSE BILL NO. 1783, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Orwall presiding) called upon Representative Moeller to preside.

HOUSE BILL NO. 1436, by Representatives Kagi, Zeiger, Robinson, Walsh, Walkinshaw, Pettigrew, Senn, Johnson, Orwall, Ortiz-Self, Reykdal, Carlyle, Gregerson, Appleton, Fitzgibbon, Ormsby, Clibborn, Jinkins, Bergquist, Goodman, McBride, Pollet, Riccelli and Kilduff

Concerning homeless youth prevention and protection.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1436 was substituted for House Bill No. 1436 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1436 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Kagi, Walsh, Robinson and Walkinshaw spoke in favor of the passage of the bill.

Representative Scott spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1436.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1436, and the bill passed the House by the following vote: Yeas, 62; Nays, 36; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Hansen, Harris, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Lytton, MacEwen, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, G. Hunt, Haler, Hargrove, Harmsworth, Hawkins, Hayes, Holy, Klippert, Kretz, Kristiansen, Magendanz, Manweller, McCaslin, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stokesbary, Taylor, Van Werven, Vick, Wilcox, Wilson and Young.

SECOND SUBSTITUTE HOUSE BILL NO. 1436, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1309, by Representatives Vick and Kirby

Concerning the sale of floating homes or floating on-water residences by brokers.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Vick and Kirby spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1309.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1309, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1309, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1633, by Representatives Zeiger, Jinkins, Young, Fey, Appleton, Hargrove, Sawyer, Walsh, Stanford, Johnson, Riccelli, Kochmar, Muri, Pollet, Kagi and Wylie

Giving preferences to housing trust fund projects that involve collaboration between local school districts and housing authorities or nonprofit housing providers to help children of low-income families succeed in school.

The bill was read the second time.

Representative Smith moved the adoption of amendment (033):

0) On page 3, line 23, after "school" insert ". To receive this preference, the local school district must provide an opportunity for community members to offer input on the proposed project at the first scheduled school board meeting following submission of the grant application to the department"

On page 5, line 23, after "school" insert ". To receive this preference, the local school district must provide an opportunity for community members to offer input on the proposed project at the first scheduled school board meeting following submission of the grant application to the department"

Representatives Smith and Stanford spoke in favor of the adoption of the amendment.

Amendment (033) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Zeiger and Stanford spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1633.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1633, and the bill passed the House by the following vote: Yeas, 92; Nays, 6; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, G. Hunt, Schmick, Scott, Shea and Taylor.

ENGROSSED HOUSE BILL NO. 1633, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1431, by Representatives Bergquist, Holy and S. Hunt

Modifying exemptions relating to real estate appraisals.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Bergquist and Holy spoke in favor of the passage of the bill.

Representative Taylor spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1431.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1431, and the bill passed the House by the following vote: Yeas, 78; Nays, 20; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Short, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Walkinshaw, Walsh, Wylie and Mr. Speaker.

Voting nay: Representatives Chandler, Condotta, DeBolt, Fagan, G. Hunt, Hawkins, Johnson, McCaslin, Orcutt, Pike, Schmick, Scott, Shea, Smith, Taylor, Vick, Wilcox, Wilson, Young and Zeiger.

HOUSE BILL NO. 1431, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1078, by Representatives Hudgins, Morris, Robinson, Kirby, Gregerson, Stanford, Ryu, Magendanz and Pollet

Enhancing the protection of consumer financial information.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1078 was substituted for House Bill No. 1078 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1078 was read the second time.

With the consent of the house, amendment (125) was withdrawn.

Representative Hudgins moved the adoption of amendment (079):

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that data breaches of personal information can compromise financial security and be costly to consumers. The legislature intends to strengthen the data breach notification requirements to better safeguard personal information, prevent identity theft, and ensure that the attorney general receives notification when breaches occur so that appropriate action may be taken to protect consumers. The legislature also intends to provide consumers whose personal information has been jeopardized due to a data breach with the information needed to secure financial accounts and make the necessary reports in a timely manner to minimize harm from identity theft.

Sec. 2. RCW 19.255.010 and 2005 c 368 s 2 are each amended to read as follows:

(1) Any person or business that conducts business in this state and that owns or licenses ((~~computerized~~)) data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose ((~~unencrypted~~)) personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the personal information was not secured. ((The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (3) of this section, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.)) Notice is not required if the breach of the security of the system is not reasonably likely to subject consumers to a risk of harm. The breach of secured personal information must be disclosed if the information acquired and accessed is not secured during a security breach or if the confidential process, encryption key, or other means to decipher the secured information was acquired by an unauthorized person.

(2) Any person or business that maintains ((~~computerized~~)) data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(3) The notification required by this section may be delayed if the data owner or licensee contacts a law enforcement agency after discovery of a breach of the security of the system and a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.

(4) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of ((~~computerized~~)) data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system when the personal information is not used or subject to further unauthorized disclosure.

(5) For purposes of this section, "personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements((~~, when either the name or the data elements are not encrypted~~)):

(a) Social security number;

(b) Driver's license number or Washington identification card number; or

(c) Full account number ((or)), credit or debit card number, ((~~in combination with~~)) or any required security code, access code, or password that would permit access to an individual's financial account.

(6) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

(7) For purposes of this section, "secured" means encrypted in a manner that meets or exceeds the national institute of standards and technology (NIST) standard or is otherwise modified so that the personal information is rendered unreadable, unusable, or undecipherable by an unauthorized person.

(8) For purposes of this section and except under subsections ((~~(8)~~)) (9) and (10) of this section, "notice" may be provided by one of the following methods:

(a) Written notice;

(b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or

(c) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following:

(i) E-mail notice when the person or business has an e-mail address for the subject persons;

(ii) Conspicuous posting of the notice on the web site page of the person or business, if the person or business maintains one; and

(iii) Notification to major statewide media.

((~~(8)~~)) (9) A person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section is in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system.

((~~(9)~~)) (10) A covered entity under the federal health insurance portability and accountability act of 1996, 42 U.S.C. Sec. 1320d et seq., is deemed to have complied with the requirements of this section with respect to protected health information if it has complied with section 13402 of the federal health information technology for economic and clinical health act, Public Law 111-5 as it existed on the effective date of this section. Covered entities shall notify the attorney general pursuant to subsection (15) of this section in compliance with the timeliness of notification requirements of section 13402 of the federal health information technology for economic and clinical health act, Public Law 111-5 as it existed on the effective date of this section, notwithstanding the notification requirement in subsection (16) of this section.

(11) A financial institution under the authority of the office of the comptroller of the currency, the federal deposit insurance corporation, the national credit union administration, or the federal reserve system is deemed to have complied with the requirements of this section with respect to "sensitive customer information" as defined in the interagency guidelines establishing information security standards, 12 C.F.R. Part 30, Appendix B, 12 C.F.R. Part 208, Appendix D-2, 12 C.F.R. Part 225, Appendix F, and 12 C.F.R. Part 364, Appendix B, and 12 C.F.R. Part 748, Appendices A and B, as they existed on the effective date of this section, if the financial institution provides notice to affected consumers pursuant to the interagency guidelines and the notice complies with the customer notice provisions of the interagency guidelines establishing information security standards and the interagency guidance on response programs for unauthorized access to customer information and customer notice under 12 C.F.R. Part 364 as it existed on the effective date of this section. The entity shall notify the attorney general pursuant to subsection (15) of this section in addition to providing notice to its primary federal regulator.

(12) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.

((~~(10)~~)) (13)(a) Any ((~~customer~~)) consumer injured by a violation of this section may institute a civil action to recover damages.

(b) Any person or business that violates, proposes to violate, or has violated this section may be enjoined.

(c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.

(((d) A person or business under this section shall not be required to disclose a technical breach of the security system that does not seem reasonably likely to subject customers to a risk of criminal activity.))

(14) Any person or business that is required to issue notification pursuant to this section shall meet all of the following requirements:

(a) The notification must be written in plain language; and

(b) The notification must include, at a minimum, the following information:

(i) The name and contact information of the reporting person or business subject to this section;

(ii) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach; and

(iii) The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed personal information.

(15) Any person or business that is required to issue a notification pursuant to this section to more than five hundred Washington residents as a result of a single breach shall, by the time notice is provided to affected consumers, electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the attorney general. The person or business shall also provide to the attorney general the number of Washington consumers affected by the breach, or an estimate if the exact number is not known.

(16) Notification to affected consumers and to the attorney general under this section must be made in the most expedient time possible and without unreasonable delay, no more than forty-five calendar days after the breach was discovered, unless at the request of law enforcement as provided in subsection (3) of this section, or due to any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

(17) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this section. For actions brought by the attorney general to enforce this section, the legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For actions brought by the attorney general to enforce this section, a violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW. An action to enforce this section may not be brought under RCW 19.86.090.

Sec. 3. RCW 42.56.590 and 2007 c 197 s 9 are each amended to read as follows:

(1)(a) Any agency that owns or licenses ((~~computerized~~)) data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose ((~~unencrypted~~)) personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the personal information was not secured. ((The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (3) of this section, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.)) Notice is not required if the breach of the security of the system is not reasonably likely to subject consumers to a risk of harm. The breach of secured personal information must be disclosed if the information acquired and accessed is not secured during a security breach or if the confidential process, encryption key, or other means to decipher the secured information was acquired by an unauthorized person.

(b) For purposes of this section, "agency" means the same as in RCW 42.56.010.

(2) Any agency that maintains ((~~computerized~~)) data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(4) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of ((~~computerized~~)) data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system when the personal information is not used or subject to further unauthorized disclosure.

(a) Social security number;

(b) Driver's license number or Washington identification card number; or

(8) For purposes of this section and except under subsections ((~~(8)~~)) (9) and (10) of this section, notice may be provided by one of the following methods:

(a) Written notice;

(b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or

(c) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following:

(i) E-mail notice when the agency has an e-mail address for the subject persons;

(ii) Conspicuous posting of the notice on the agency's web site page, if the agency maintains one; and

(iii) Notification to major statewide media.

((~~(8)~~)) (9) An agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section is in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system.

((~~(9)~~)) (10) A covered entity under the federal health insurance portability and accountability act of 1996, 42 U.S.C. Sec. 1320d et seq., is deemed to have complied with the requirements of this section with respect to protected health information if it has complied with section 13402 of the federal health information technology for economic and clinical health act, Public Law 111-5 as it existed on the effective date of this section. Covered entities shall notify the attorney general pursuant to subsection (14) of this section in compliance with the timeliness of notification requirements of section 13402 of the federal health information technology for economic and clinical health act, Public Law 111-5 as it existed on the effective date of this section, notwithstanding the notification requirement in subsection (15) of this section.

(11) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.

((~~(10)~~)) (12)(a) Any ((~~customer~~)) individual injured by a violation of this section may institute a civil action to recover damages.

(b) Any ((~~business~~)) agency that violates, proposes to violate, or has violated this section may be enjoined.

(c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.

((~~(d) An agency shall not be required to disclose a technical breach of the security system that does not seem reasonably likely to subject customers to a risk of criminal activity.~~))

(13) Any agency that is required to issue notification pursuant to this section shall meet all of the following requirements:

(a) The notification must be written in plain language; and

(b) The notification must include, at a minimum, the following information:

(i) The name and contact information of the reporting agency subject to this section;

(ii) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach;

(iii) The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed personal information.

(14) Any agency that is required to issue a notification pursuant to this section to more than five hundred Washington residents as a result of a single breach shall, by the time notice is provided to affected individuals, electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the attorney general. The agency shall also provide to the attorney general the number of Washington residents affected by the breach, or an estimate if the exact number is not known.

(15) Notification to affected individuals and to the attorney general must be made in the most expedient time possible and without unreasonable delay, no more than forty-five calendar days after the breach was discovered, unless at the request of law enforcement as provided in subsection (3) of this section, or due to any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system."

Representative Hudgins moved the adoption of amendment (126) to the striking amendment (079):

0) On page 3, beginning on line 3 of the striking amendment, after "(c)" strike all material through "account." on line 6 and insert "Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account."

Representative Hudgins spoke in favor of the adoption of the amendment to the striking amendment.

Amendment (126) to the striking amendment (079) was adopted.

Representatives Hudgins and Harmsworth spoke in favor of the adoption of the striking amendment as amended.

Amendment (079), as amended, was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Hudgins, Harmsworth and Taylor spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1078.

MOTION

On motion of Representative Harris, Representative Wilcox was excused.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1078, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Wilcox.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1078, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1090, by Representatives Kirby, Jinkins and Rodne

Concerning the financial fraud and identity theft crimes investigation and prosecution program.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Kirby spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1090.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1090, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Wilcox.

HOUSE BILL NO. 1090, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1093, by Representatives Morris and Moeller

Concerning unmanned aircraft.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1093 was substituted for House Bill No. 1093 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1093 was read the second time.

With the consent of the house, amendment (009) was withdrawn.

Representative Morris moved the adoption of amendment (008):

0) Beginning on page 3, after line 11, strike all of sections 3 and 4 and insert the following:

"NEW SECTION. Sec. 3. (1) No person may operate an unmanned aircraft in Washington state airspace that is equipped with an active sensing device unless:

(a) The federal government has provided specific authorization for the operation; or

(b) The operation complies with each of the conditions established in section 4 of this act.

(2) For purposes of subsection (1) of this section and section 4 of this act, "specific authorization" by the federal government includes authorization issued pursuant to the federal aviation administration modernization and reform act of 2012 (49 U.S.C. 40101) or other federal authority establishing that the operation is lawful and permitted under federal law, except that "specific authorization" does not include operation of an unmanned aircraft pursuant to the exemption from regulation for recreational uses established in the special rule for model aircraft of the federal aviation administration modernization and reform act of 2012 (49 U.S.C. 40101 Sec. 336).

(3) Nothing in this chapter may be construed as authorizing the use of, prohibiting the use of, or regulating in any manner the use of an unmanned aircraft by a public agency.

NEW SECTION. Sec. 4. An unmanned aircraft may not be operated in Washington state airspace unless the following conditions are met:

(1) The unmanned aircraft has specific authorization from the federal government, as defined in section 3 of this act; or

(2) The unmanned aircraft is clearly and conspicuously labeled with the name and contact information of the aircraft's owner and operator and does not have an active sensing device onboard that collects personal information about any individual without the individual's consent."

Representatives Morris and Taylor spoke in favor of the adoption of the amendment.

Amendment (008) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Morris and Taylor spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1093.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1093, and the bill passed the House by the following vote: Yeas, 94; Nays, 3; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Bergquist, Cody and Hurst.

Excused: Representative Wilcox.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1093, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1094, by Representative Morris

Concerning biometric identifiers.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1094 was substituted for House Bill No. 1094 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1094 was read the second time.

With the consent of the house, amendments (16) and (38) were withdrawn.

Representative Morris moved the adoption of amendment (116):

0) On page 1, line 18, after "disclosure" strike "of" and insert "to"

On page 2, line 7, after "made" strike "by or"

On page 2, line 16, after "permissible" strike "as required"

On page 2, line 18, after "authority," strike "particularly"

On page 2, beginning on line 32, strike all of subsection (4) and insert the following:

"(4) For purposes of this section, the following definitions apply unless the context clearly requires otherwise:

(a) "Biometric identifier" means a characteristic, whether biological, behavioral, or both, that uniquely identifies and enables automated recognition of an individual, including but not limited to fingerprints, DNA, hand geometry, palm print, and iris scan. "Biometric identifier" also includes less sensitive identifiers including, but not limited to, facial imaging, voice, and gait, only when used for automated identification purposes. Video surveillance and photographs derived from biometric identifiers are not considered biometric identifiers.

(b) “Consent” means an authorization by an individual, given after the individual has received clear and conspicuous notice in writing of the purposes for which the biometric identifier may be disclosed."

On page 3, after line 8, insert the following:

"(6) Nothing in this act shall be construed to expand or limit the authority of a Washington state law enforcement officer acting within the scope of his or her authority, including, but not limited to, executing lawful searches and seizures."

Renumber the remaining subsection(s) consecutively and correct any

internal references accordingly.

Representative Harmsworth moved the adoption of amendment (117) to amendment (116).

0) On page 1, line 25 of the amendment, after "disclosed" insert ". When an individual consents to disclose his or her biometric identifier to law enforcement without a warrant, consent must be made separate from any other consent provided"

Representatives Harmsworth and Morris spoke in favor of the adoption of the amendment to the amendment.

Amendment (117) to amendment (116) was adopted.

Representative Morris spoke in favor of the adoption of the amendment (116) as amended.

Amendment (116), as amended, was adopted.

Representative Appleton moved the adoption of amendment (017):

0) On page 2, line 32, after "(4)" insert "If a biometric identifier was initially captured for any purpose other than a commercial purpose, it is a violation of this act to use the biometric identifier at a later time for a commercial purpose without an individual’s consent.

(5) For the purpose of subsection (4) of this section, consent means that an individual must actively opt-in to the use of the biometric identifier. An active opt-in by an individual provides consent for the use of the biometric identifier for no longer than 24 hours.

(6)"

Renumber the remaining subsection consecutively and correct any internal references accordingly.

Representatives Harmsworth and Morris spoke in favor of the adoption of the amendment.

Amendment (017) was adopted.

Representative Harmsworth moved the adoption of amendment (067):

0) On page 3, beginning on line 9, strike all of section 2

Correct the title.

Representatives Harmsworth and Morris spoke in favor of the adoption of the amendment.

Amendment (067) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Morris, Harmsworth, Smith, Klippert and Shea spoke in favor of the passage of the bill.

Representative Magendanz spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1094.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1094, and the bill passed the House by the following vote: Yeas, 91; Nays, 6; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Bergquist, Harris, MacEwen, Magendanz, Manweller and Senn.

Excused: Representative Wilcox.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1094, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1440, by Representatives Taylor, Goodman, Pollet, Scott, Condotta, Shea, G. Hunt, Young, Moscoso, Smith, Ryu, Jinkins, Magendanz, Farrell and McCaslin

Prohibiting the use of a cell site simulator device without a warrant.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1440 was substituted for House Bill No. 1440 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1440 was read the second time.

Representative Ryu moved the adoption of amendment (039):

0) On page 2, beginning on line 39, after "device;" strike "or (v) denying," and insert "(v) denying a communications device access to other communications devices, communications protocols, or services; or (vi)"

On page 2, line 40, after "spoofing" strike ","

On page 2, beginning on line 40, after "device" strike "access to other communications devices or services" and insert ", cell tower, cell site, or service,"

On page 3, line 6, after "content" insert ", or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance"

Representatives Ryu and Taylor spoke in favor of the adoption of the amendment.

Amendment (039) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Taylor and Goodman spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1440.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1440, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Wilcox.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1639, by Representatives Taylor, Goodman, Morris, Shea, Walkinshaw, Smith, Ryu, Appleton, Condotta, Moscoso, Kagi, Muri, Young, Scott, Schmick, G. Hunt and Farrell

Concerning technology-enhanced government surveillance.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1639 was substituted for House Bill No. 1639 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1639 was read the second time.

Representative Goodman moved the adoption of amendment (135):

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that Washington is a leader in responsible, effective, innovative government and the industries that help make this possible. The legislature finds that advances in technology have created valuable opportunities for government agencies to carry out their missions more efficiently, cost-effectively, precisely, and comprehensively. However, these technological advances have provided new, unique equipment that may be utilized for surveillance purposes. These technological advances often outpace statutory protections and can lead to inconsistent or contradictory interpretations between jurisdictions. The legislature finds that regardless of application or size, the use of these extraordinary surveillance technologies, without public debate or clear legal authority, creates uncertainty for citizens and agencies throughout Washington state. The legislature finds that extraordinary surveillance technologies do present a substantial privacy risk potentially contrary to the strong privacy protections enshrined in Article I, section 7 of the Washington state Constitution that reads "No person shall be disturbed in his private affairs, or his home invaded, without authority of law." The legislature further finds that the lack of clear statutory authority for the use of extraordinary surveillance technologies may increase liability to state and local jurisdictions. It is the intent of the legislature to allow for the performance of legitimate state and local agency functions in accordance with clear standards for the lawful use of extraordinary sensing devices. Nothing in this act is intended to affect the leasehold rights of the residents of Washington state.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise.

(1) "Agency" means the state of Washington, its state and local agencies, political subdivisions, and their respective employees and agents, except the Washington national guard in Title 32 U.S.C. status.

(2) "Court of competent jurisdiction" means any district court of the United States, or a court of general jurisdiction authorized by the state of Washington to issue search warrants.

(3) "Extraordinary sensing device" means a sensing device attached to or used in conjunction with an aircraft that is operated without the possibility of human intervention from within or on such aircraft, together with its associated elements.

(4) "Governing body" means the council, commission, board, or other controlling body of an agency in which legislative powers are vested, except that for a state agency for which there is no governing body other than the state legislature, "governing body" means the chief executive officer responsible for the governance of the agency.

(5) "Personal information" means any information relating to a particular identified or identifiable individual including, but not limited to: (a) An individual's location; (b) the categories of information identified in RCW 19.255.010(5); (c) the categories of information identified in RCW 42.56.230; and (d) information obtained from a particular vehicle or particular residence, including the curtilage thereof, relating to that individual. Personal information does not include information that an agency does not associate with a particular individual. The information may be in the form of, but is not limited to:

(a) Images obtained from any part of the electromagnetic spectrum including, but not limited to, visible, ultraviolet, and infrared light; X-rays and other radiation; and radio waves;

(b) Sounds of any frequency, including infrasonic, audible, and ultrasonic frequencies; or

(6)(a) "Sensing device" means a device capable of remotely acquiring personal information from its surroundings.

(b) "Sensing device" does not include equipment whose sole function is to provide information directly necessary for safe air navigation or operation of a vehicle.

NEW SECTION. Sec. 3. (1) No state agency including, but not limited to, the Washington state patrol and the department of natural resources, shall procure an extraordinary sensing device unless moneys are expressly appropriated by the legislature for this specific purpose.

(2) No local agency shall procure an extraordinary sensing device without the explicit approval of the governing body of such locality, given for that specific extraordinary sensing device to be used for a specific purpose.

NEW SECTION. Sec. 4. (1) The governing body for each local agency and elected or appointed official in charge for each state agency must develop and make publicly available, including on the agency web site, written policies and procedures for the use of any extraordinary sensing device procured, and provide notice and opportunity for public comment prior to adoption of the written policies and procedures. Such written policies and procedures must: (a) Describe the purposes for using an extraordinary sensing device and, if applicable, any agency program or study pursuant to which it intends to use the extraordinary sensing device; (b) describe categories of personal information, if applicable, that the agency intends to collect during the operation of such extraordinary sensing device, how the collection of such information furthers the agency's purposes stated pursuant to (a) of this subsection, and how the agency plans to use such information; (c) establish policies and procedures for minimizing the collection of information not specified in (b) of this subsection; (d) establish policies and procedures to prevent unauthorized access to personal information, which may be collected through the agency's use of extraordinary sensing devices, and which policies and procedures may include technical measures such as encryption, hashing, anonymization, and/or deidentification of collected information; (e) identify the unique registration number the agency has affixed, or has previously been affixed, including by another agency, to the extraordinary sensing device it is intending to use; and (f) identify a point of contact for citizen complaints and concerns regarding the agency's use and operation of an extraordinary sensing device.

(2) Within one hundred eighty days of the effective date of this section, the office of the chief information officer shall construct a web site publicly listing every agency's written policies and procedures mandated by this section. The web site shall be easily accessible by the public and a hyperlink to this web site shall appear on http://access.wa.gov, or other similar web site, if this web site is altered or ceases to exist.

(3) The operation of an extraordinary sensing device by an agency is prohibited unless the agency has affixed a unique identifier registration number assigned by the agency.

NEW SECTION. Sec. 5. Except as otherwise specifically authorized in this subchapter, it is unlawful for an agency to operate an extraordinary sensing device or use or disclose personal information about any person acquired through the operation of an extraordinary sensing device.

NEW SECTION. Sec. 6. All operations of an extraordinary sensing device, by an agency, or disclosure of personal information about any person acquired through the operation of an extraordinary sensing device, by an agency, must be conducted in such a way as to minimize the collection and disclosure of personal information not authorized under this subchapter. If an agency complies with section 4 of this act and adheres to the minimization policies and procedures it adopts pursuant to section 4 of this act, there is a rebuttable presumption that the agency has complied with the minimization requirement under this section. This presumption can be overcome by clear and convincing evidence to the contrary.

NEW SECTION. Sec. 7. (1) It is lawful under this section for an agency to operate an extraordinary sensing device without obtaining a warrant if the agency reasonably determines that the operation does not intend to collect personal information. Allowable purposes under this subsection include, but are not limited to:

(a) Monitoring to discover, locate, observe, and prevent forest fires;

(b) Monitoring an environmental or weather-related catastrophe or damage from such an event;

(d) Surveying for the assessment and evaluation of environmental or weather-related damage, erosion, flood, or contamination.

(2) No agency may make any effort to identify an individual from the information collected by the operation or to associate any information collected by the operation with a particular individual, nor shall the information be disclosed to a third party unless that party agrees to be bound by the same restrictions. These restrictions shall not apply if there is probable cause that the information is evidence of criminal activity.

NEW SECTION. Sec. 8. (1) It is lawful under this section for any agency to operate an extraordinary sensing device and disclose personal information from the operation without obtaining a warrant if:

(a) The agency reasonably determines that:

(i) An emergency situation exists that involves criminal activity and presents immediate danger of death or serious physical injury to any person, including risk of terrorist activity;

(ii) The emergency situation requires operation of an extraordinary sensing device before a warrant authorizing the use can, with due diligence, be obtained; and

(iii) There are grounds upon which a warrant could be entered to authorize such operation;

(b) The agency reasonably determines that an emergency situation exists that:

(i) Does not involve criminal activity;

(ii) Presents immediate danger of death or serious physical injury to any person; and

(iii) Has characteristics such that operation of an extraordinary sensing device may reasonably reduce the danger of death or serious physical injury;

(d) The operation is limited to use for traffic crash scene photography;

(e) The operation is part of a training exercise conducted on a military base and the extraordinary sensing device does not collect personal information on persons located outside the military base;

(f) The operation is for training, testing, or research purposes by an agency and is not intended to collect personal information without the specific written consent of any individual whose personal information is collected; or

(g) The operation is part of the response to an emergency or disaster for which the governor has proclaimed a state of emergency under RCW 43.06.010(12).

(2) Upon completion of the operation of an extraordinary sensing device pursuant to subsection (1)(b) through (g) of this section, any personal information obtained must be treated as information collected on an individual other than a target of a warrant for purposes of section 10 of this act.

NEW SECTION. Sec. 9. (1) An extraordinary sensing device may be operated by an agency and personal information from the operation disclosed, if the operation and collection of personal information is pursuant to a search warrant issued by a court of competent jurisdiction, and the operation, collection, and disclosure are compliant with the provisions of this chapter.

(2) Warrants may not be issued for a period greater than ten days. Extensions may be granted, but no longer than the authorizing judicial officer deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days.

(3) Within ten days of the execution of a search warrant, the officer executing the warrant must serve a copy of the warrant upon the target of the warrant, except if notice is delayed pursuant to this section.

(4) An agency acting under this section may, when a warrant is sought, include in the petition a request, which the court shall grant, for an order delaying the notification for a period not to exceed ninety days if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result.

(5) An adverse result for the purposes of this section is:

(a) Placing the life or physical safety of an individual in danger;

(b) Causing a person to flee from prosecution;

(d) Causing the intimidation of potential witnesses; or

(e) Jeopardizing an investigation or unduly delaying a trial.

(6) The agency shall maintain a copy of the warrant.

(7) Extension of the delay of notification of up to ninety days each may be granted by the court upon certification by the agency that there is reason to believe that notification of the extension of the warrant may have an adverse result.

(8) Upon expiration of the period of delay of notification under subsection (4) or (7) of this section, the agency shall serve a copy of the warrant upon, or deliver it by registered or first-class mail to the target of the warrant, together with notice that:

(a) States with reasonable specificity the nature of the law enforcement inquiry; and

(b) Informs the target of the warrant: (i) That notification was delayed; (ii) what agency or court made the certification or determination pursuant to which that delay was made; and (iii) the provision of this section allowing the delay.

NEW SECTION. Sec. 10. (1) Personal information collected during the operation of an extraordinary sensing device authorized under sections 7 through 9 of this act may not be used, copied, or disclosed for any purpose after conclusion of the operation for which the extraordinary sensing device was authorized, unless there is probable cause that the personal information is evidence of criminal activity.

(2) Personal information must be deleted, within thirty days if the personal information was collected on a target of a warrant authorizing the operation of the extraordinary sensing device and within ten days for other personal information, after there is no longer probable cause that the personal information is evidence of criminal activity that may be prosecuted. The foregoing shall only apply to the extent the personal information can be destroyed without destroying other evidence relevant to a pending criminal investigation or case. There is a presumption that personal information is not evidence of criminal activity if that personal information is not used in a criminal prosecution within one year of collection.

NEW SECTION. Sec. 11. Whenever any personal information from an extraordinary sensing device has been acquired, no part of such personal information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision thereof if the collection or disclosure of that personal information would be in violation of this subchapter.

NEW SECTION. Sec. 12. Any person who knowingly violates this subchapter is subject to legal action for damages, to be brought by any other person claiming that a violation of this subchapter has injured his or her business, his or her person, or his or her reputation. In addition, the individual is entitled to reasonable attorneys' fees and other costs of litigation.

NEW SECTION. Sec. 13. Any use of an extraordinary sensing device must fully comply with all federal aviation administration requirements and guidelines. Compliance with the terms of this subchapter is mandatory and supplemental to compliance with federal aviation administration requirements and guidelines.

NEW SECTION. Sec. 14. (1) An agency must maintain records identifying each use of an extraordinary sensing device. The records must include:

(a) Operator name;

(b) Identity of the agency;

(d) Categories of information collected for each use;

(e) The purpose of using the extraordinary sensing device; and

(f) Whether a warrant was obtained prior to use.

(2) Each state agency having jurisdiction over criminal law or regulatory violation enforcement, for any calendar year in which the agency has used an extraordinary sensing device, must prepare an annual report including, at a minimum in each case, the following:

(a) The number of uses of an extraordinary sensing device organized by types of incidents and types of justification for use;

(b) The number of criminal or regulatory investigations aided by the use and how the use was helpful to the investigation;

(c) The number of uses of an extraordinary sensing device for reasons other than criminal or regulatory investigations and how the use was helpful;

(d) The frequency and type of data collected for individuals or areas other than targets;

(e) The total cost of the extraordinary sensing device;

(f) The dates when personal information and other data was deleted or destroyed in compliance with the act;

(g) The number of warrants requested, issued, and extended; and

(h) Additional information and analysis the governing body deems useful.

(3) Each state agency other than that in subsection (2) of this section, for any calendar year in which the agency has used an extraordinary sensing device, must prepare an annual report including, at a minimum in each case, the following:

(a) The types of extraordinary sensing devices used, the purposes for which each type of extraordinary sensing device was used, the circumstances under which use was authorized, and the name of the officer or official who authorized the use;

(b) Whether deployment of the device was imperceptible to the public;

(d) The length of time for which any personal information collected by the extraordinary sensing device was retained;

(e) The specific steps taken to mitigate the impact on an individual's privacy, including protections against unauthorized use and disclosure and a data minimization protocol; and

(f) An individual point of contact for citizen complaints and concerns.

(4) The annual reports required pursuant to this section must be filed electronically to the office of financial management, who must compile the results and submit them electronically to the relevant committees of the legislature by September 1st of each year, beginning in 2016.

NEW SECTION. Sec. 15. Any use of an extraordinary sensing device by an agency must fully comply with all applicable federal aviation administration regulations.

NEW SECTION. Sec. 16. Nothing in this act abridges, reduces, restricts, or prohibits an officer, employee, or agent of the United States armed forces, or the agent of the United States armed forces to include the national guard in Title 32 U.S.C. from operating an unmanned aerial vehicle.

NEW SECTION. Sec. 17. Sections 2 through 16 of this act are each added to chapter 9.73 RCW and codified with the subchapter heading of "extraordinary sensing devices."

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Correct the title.

Representatives Goodman and Taylor spoke in favor of the adoption of the amendment.

Amendment (135) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Taylor, Goodman, Shea, Morris and Smith spoke in favor of the passage of the bill.

Representatives Hansen and Klippert spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1639.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1639, and the bill passed the House by the following vote: Yeas, 73; Nays, 25; Absent, 0; Excused, 0.

Voting yea: Representatives Blake, Buys, Caldier, Chandler, Clibborn, Condotta, DeBolt, Dent, Fagan, Farrell, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Johnson, Kilduff, Kirby, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pike, Robinson, Rodne, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Shea, Short, Smith, Springer, Stambaugh, Stanford, Takko, Taylor, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Appleton, Bergquist, Carlyle, Cody, Dunshee, Fey, Fitzgibbon, Hansen, Hunter, Hurst, Jinkins, Kagi, Klippert, Lytton, McBride, Pettigrew, Pollet, Reykdal, Riccelli, S. Hunt, Senn, Stokesbary, Sullivan, Tarleton and Tharinger.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1639, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1428, by Representatives Fitzgibbon, S. Hunt, Jinkins, Tarleton, Bergquist, Gregerson, Goodman and Pollet

Concerning voter registration.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1428 was substituted for House Bill No. 1428 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1428 was read the second time.

Representative Young moved the adoption of amendment (103):

0) On page 1, line 14, after "RCW" strike "29A.08.123, 29A.08.330(4)," and insert "29A.08.330(4)"

Representative Young spoke in favor of the adoption of the amendment.

Representative S. Hunt spoke against the adoption of the amendment.

Amendment (103) was not adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Fitzgibbon and Holy spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1428.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1428, and the bill passed the House by the following vote: Yeas, 60; Nays, 38; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hawkins, Holy, Hudgins, Hunter, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kochmar, Lytton, MacEwen, McBride, Moeller, Morris, Moscoso, Muri, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Fagan, G. Hunt, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Johnson, Klippert, Kretz, Kristiansen, Magendanz, Manweller, McCabe, McCaslin, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Taylor, Van Werven, Vick, Walsh, Wilcox, Wilson and Young.

SUBSTITUTE HOUSE BILL NO. 1428, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1004, by Representatives Springer, Manweller, Moeller, Walsh, Blake, Buys, Reykdal, Wilcox, Condotta, Fey, Gregerson and Sawyer

Clarifying provisions that allow for the tasting of alcohol by students under twenty-one years of age.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Hurst and Condotta spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1004.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1004, and the bill passed the House by the following vote: Yeas, 94; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Dent, Harris, Stanford and Van De Wege.

HOUSE BILL NO. 1004, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on House Bill No. 1004.

Representative Tharinger, 24th District

SECOND READING

HOUSE BILL NO. 1194, by Representatives Kirby, Holy, Van De Wege, Hayes, Stokesbary, Fitzgibbon and Bergquist

Addressing the death benefits of a surviving spouse of a member of the law enforcement officers' and firefighters' retirement system or the state patrol retirement system.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1194 was substituted for House Bill No. 1194 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1194 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Kirby, Manweller, Kochmar, Smith and Hayes spoke in favor of the passage of the bill.

Representative Klippert spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1194.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1194, and the bill passed the House by the following vote: Yeas, 89; Nays, 9; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, Condotta, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kretz, Kristiansen, Lytton, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, DeBolt, Dent, Hargrove, Klippert, MacEwen, Orcutt, Shea and Taylor.

SUBSTITUTE HOUSE BILL NO. 1194, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1512, by Representatives Sells, Hayes, Moscoso and Ormsby

Encouraging fairness in disciplinary actions of peace officers.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sells and Manweller spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1512.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1512, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1512, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1168, by Representatives Ormsby, Chandler, Sullivan and Tarleton

Correcting restrictions on collecting a pension in the public employees' retirement system for retirees returning to work in an ineligible position or a position covered by a different state retirement system.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ormsby and Taylor spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1168.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1168, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 1168, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2060, by Representatives Jinkins and Ormsby

Concerning timeliness of competency evaluation and restoration services. Revised for 2nd Substitute: Concerning competency evaluation and restoration services.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2060 was substituted for House Bill No. 2060 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2060 was read the second time.

With the consent of the house, amendment (120) was withdrawn.

Representative Shea moved the adoption of amendment (150):

0) On page 3, line 28, after "The" strike "department" and insert "jail"

Representatives Shea and Jinkins spoke in favor of the adoption of the amendment.

Amendment (150) was adopted.

Representative Jinkins moved the adoption of amendment (127):

0) On page 6, beginning on line 1, strike all of sections 3 through 5 and insert the following:

"NEW SECTION. Sec. 3. (1) The legislature finds that there are currently no alternatives to competency restoration provided in the state hospitals and there is insufficient capacity within the state hospitals to meet the projected service needs of the state. Subject to the availability of amounts appropriated for this specific purpose, the legislature encourages the department of social and health services to develop, on a phased-in basis, alternative locations and increased access to competency restoration services under chapter 10.77 RCW for individuals who do not require inpatient psychiatric hospitalization level services.

(2) The department shall work with counties and the courts to develop a screening process to determine which individuals are safe to receive competency restoration treatment outside the state hospitals. The department also must develop a plan to sufficiently increase capacity to meet the projected ten-year need for both forensic and civil mental health bed demand.

Sec. 4. RCW 10.77.086 and 2013 c 289 s 2 are each amended to read as follows:

(1)(a) If the defendant is charged with a felony and determined to be incompetent, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, ((~~or has been determined unlikely to regain competency pursuant to RCW 10.77.084(1)(b),~~)) but in any event for a period of no longer than ninety days, the court:

(i) Shall commit the defendant to the custody of the secretary who shall place such defendant in an appropriate facility of the department for evaluation and treatment; or

(ii) May alternatively order the defendant to undergo evaluation and treatment at some other facility as determined by the department, or under the guidance and control of a professional person. The facilities may include community mental health providers or other local facilities that contract with the department and are willing and able to provide treatment under this section. During the 2015-2017 fiscal biennium, the department may contract with one or more cities or counties to provide competency restoration services in a city or county jail if the city or county jail is willing and able to serve as a location for competency restoration services and if the secretary determines that there is an emergent need for beds and documents the justification, including a plan to address the emergency. Patients receiving competency restoration services in a city or county jail must be physically separated from other populations at the jail, must interact only with treatment staff and not jail staff, except for incidental interaction with jail staff for custodial service, food service, or similar services, and must be provided as much as possible with a therapeutic environment. Competency restoration services provided in a city or county jail must be performed by staff and professionals who have the skills and qualifications necessary to provide competency restoration services comparable to those provided at a state hospital.

The ninety-day period for evaluation and treatment under this subsection (1) includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.

(b) For a defendant whose highest charge is a class C felony, or a class B felony that is not classified as violent under RCW 9.94A.030, the maximum time allowed for the initial period of commitment for competency restoration is forty-five days. The forty-five day period includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.

(c) If the court determines that the defendant is unlikely to regain competency, the court may dismiss the charges without prejudice without ordering the defendant to undergo restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in subsection (4) of this section.

(2) On or before expiration of the initial period of commitment under subsection (1) of this section the court shall conduct a hearing, at which it shall determine whether or not the defendant is incompetent.

(3) If the court finds by a preponderance of the evidence that a defendant charged with a felony is incompetent, the court shall have the option of extending the order of commitment or alternative treatment for an additional period of ninety days, but the court must at the time of extension set a date for a prompt hearing to determine the defendant's competency before the expiration of the second restoration period. The defendant, the defendant's attorney, or the prosecutor has the right to demand that the hearing be before a jury. No extension shall be ordered for a second or third restoration period as provided in subsection (4) of this section if the defendant's incompetence has been determined by the secretary to be solely the result of a developmental disability which is such that competence is not reasonably likely to be regained during an extension. The ninety-day period includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.

(4) For persons charged with a felony, at the hearing upon the expiration of the second restoration period, or at the end of the first restoration period((,)) in the case of a defendant with a developmental disability, if the jury or court finds that the defendant is incompetent, or if the court or jury at any stage finds that the defendant is incompetent and the court determines that the defendant is unlikely to regain competency, the charges shall be dismissed without prejudice, and the court shall order the defendant be committed to a state hospital as defined in RCW 72.23.010 for up to seventy-two hours starting from admission to the facility, excluding Saturdays, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition under chapter 71.05 RCW. The criminal charges shall not be dismissed if the court or jury finds that: (a) The defendant (i) is a substantial danger to other persons; or (ii) presents a substantial likelihood of committing criminal acts jeopardizing public safety or security; and (b) there is a substantial probability that the defendant will regain competency within a reasonable period of time. In the event that the court or jury makes such a finding, the court may extend the period of commitment for up to an additional six months. The six-month period includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.

Sec. 5. RCW 10.77.088 and 2007 c 375 s 5 are each amended to read as follows:

(1)(a) If the defendant is charged with a nonfelony crime which is a serious offense as identified in RCW 10.77.092 and found by the court to be not competent, then the court ((~~shall order the secretary to place the defendant~~)):

(i) ((~~At a secure mental health facility in the custody of the department or an agency designated by the department for mental health treatment and restoration of competency.~~)) Shall commit the defendant to the custody of the secretary who shall place such defendant in an appropriate facility of the department for evaluation and treatment;

The placement under (a)(i) and (ii) of this subsection shall not exceed fourteen days in addition to any unused time of the evaluation under RCW 10.77.060. The court shall compute this total period and include its computation in the order. The fourteen-day period plus any unused time of the evaluation under RCW 10.77.060 shall be considered to include only the time the defendant is actually at the facility and shall be in addition to reasonable time for transport to or from the facility;

((~~(ii)~~)) (iii) May alternatively order that the defendant be placed on conditional release for up to ninety days for mental health treatment and restoration of competency; or

((~~(iii)~~)) (iv) May order any combination of this subsection.

(b) If the court has determined that the defendant is unlikely to regain competency, the court may dismiss the charges without prejudice without ordering the defendant to undergo restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in (c) of this subsection.

(c)(i) If the proceedings are dismissed under RCW 10.77.084 and the defendant was on conditional release at the time of dismissal, the court shall order the designated mental health professional within that county to evaluate the defendant pursuant to chapter 71.05 RCW. The evaluation may be conducted in any location chosen by the professional.

(ii) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be detained and sent to an evaluation and treatment facility for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, for evaluation for purposes of filing a petition under chapter 71.05 RCW. The seventy-two-hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the seventy-two-hour period.

(2) If the defendant is charged with a nonfelony crime that is not a serious offense as defined in RCW 10.77.092:

The court may stay or dismiss proceedings and detain the defendant for sufficient time to allow the designated mental health professional to evaluate the defendant and consider initial detention proceedings under chapter 71.05 RCW. The court must give notice to all parties at least twenty-four hours before the dismissal of any proceeding under this subsection, and provide an opportunity for a hearing on whether to dismiss the proceedings."

Representatives Jinkins and Rodne spoke in favor of the adoption of the amendment.

Amendment (127) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Jinkins and Rodne spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2060.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2060, and the bill passed the House by the following vote: Yeas, 83; Nays, 15; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kristiansen, Lytton, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, Condotta, Dent, G. Hunt, Kretz, MacEwen, Magendanz, Manweller, Scott, Shea, Short, Taylor, Van Werven, Vick and Wilcox.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2060, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Moeller presiding) called upon Representative Orwall to preside.

HOUSE BILL NO. 1610, by Representatives McCaslin, Riccelli, Rodne, Orwall, Holy, Stokesbary, G. Hunt, Taylor and Shea

Changing jury service provisions.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1610 was substituted for House Bill No. 1610 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1610 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives McCaslin, Bergquist, Caldier, Jinkins, G. Hunt, Orcutt and Stokesbary spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1610.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1610, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 1610, having received the necessary constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

Representative Shea congratulated Representative McCaslin on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

HOUSE BILL NO. 1282, by Representatives Zeiger, Goodman, Klippert, Orwall, Appleton, Sawyer and Gregerson

Addressing the crime of driving while license suspended where the suspension is based on noncompliance with a child support order.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Zeiger and Jinkins spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1282.

MOTION

On motion of Representative Harris, Representative Wilcox was excused.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1282, and the bill passed the House by the following vote: Yeas, 94; Nays, 3; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives MacEwen, Scott and Taylor.

Excused: Representative Wilcox.

HOUSE BILL NO. 1282, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1126, by Representatives Kagi, MacEwen, Tarleton, Walsh, Goodman, Senn, Gregerson and Ryu

Concerning department of early learning fatality reviews.

The bill was read the second time.

There being no objection, Engrossed Substitute House Bill No. 1126 was substituted for House Bill No. 1126 and the substitute bill was placed on the second reading calendar.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1126 was read the second time.

With the consent of the house, amendments (145), (146), (147), and (148) were withdrawn.

Representative Scott moved the adoption of amendment (044):

0) On page 1, line 19, after "standards" insert ", a law enforcement officer with investigative experience, a representative from a county or state health department, and a child advocate with expertise in child fatalities. The department shall invite one parent or guardian for membership on the child fatality review committee who has had a child die in a child care setting"

Representatives Scott and Kagi spoke in favor of the adoption of the amendment.

Amendment (044) was adopted.

Representative Scott moved the adoption of amendment (149):

0) On page 2, line 8, after "children." insert "An additional purpose of the fatality review is to ensure the department is held accountable for child safety violations."

Representatives Scott and McCaslin spoke in favor of the adoption of the amendment.

Representatives Kagi and Walsh spoke against the adoption of the amendment.

Amendment (149) was not adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Kagi, Walsh and Walsh (again) spoke in favor of the passage of the bill.

Representative Scott spoke against the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1126.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1126, and the bill passed the House by the following vote: Yeas, 86; Nays, 11; Absent, 0; Excused, 1.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Clibborn, Cody, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, Dent, Klippert, McCaslin, Schmick, Scott, Shea, Taylor and Van Werven.

Excused: Representative Wilcox.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1126, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Engrossed Substitute House Bill No. 1126.

Representative Parker, 6th District

SECOND READING

HOUSE BILL NO. 1281, by Representatives Sawyer, Orwall, Hurst, Blake, Stokesbary, Tarleton, Walsh, Kirby, Appleton, G. Hunt, Pettigrew, Jinkins, Carlyle, Fey, Ortiz-Self, Senn, Walkinshaw, Moeller, Kilduff, Robinson, Van De Wege, Stanford, Ryu, Lytton, Sells, Riccelli, Kagi, Bergquist, Clibborn, Santos, Buys and Gregerson

Concerning the sexual exploitation of minors.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1281 was substituted for House Bill No. 1281 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1281 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sawyer and Klippert spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1281.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1281, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

Excused: Representative Wilcox.

SECOND SUBSTITUTE HOUSE BILL NO. 1281, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1875, by Representatives Walsh, Kagi, Johnson, Sawyer, Pettigrew, Moscoso, Zeiger, Ormsby, Appleton and Young

Concerning the definition of work activity for the purposes of the WorkFirst program.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1875 was substituted for House Bill No. 1875 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1875 was read the second time.

Representative Klippert moved the adoption of amendment (124):

0) On page 4, after line 9, insert the following:

"NEW SECTION. Sec. 3. The definition of "work activity" related to the length of vocational educational training a WorkFirst participant may receive as established under section 1 of this act shall be terminated on August 1, 2019, as provided in section 4 of this act.

NEW SECTION. Sec. 4. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective August 1, 2020:

Section 1, chapter ..., Laws of 2015 (section 1 of this act)."

Correct the title.

Representatives Klippert, Walsh and Kagi spoke in favor of the adoption of the amendment.

Representatives Hunter and Sawyer spoke against the adoption of the amendment.

Amendment (124) was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Walsh and Sawyer spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1875.

MOTION

On motion of Representative Harris, Representative DeBolt was excused.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1875, and the bill passed the House by the following vote: Yeas, 90; Nays, 6; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, McCaslin, Scott, Shea, Taylor and Van Werven.

Excused: Representatives DeBolt and Wilcox.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1875, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1562, by Representatives Sullivan, Tarleton and Orwall

Requiring posting of allergen information in public schools.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1562 was substituted for House Bill No. 1562 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1562 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sullivan and Magendanz spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1562.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1562, and the bill passed the House by the following vote: Yeas, 70; Nays, 26; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Harmsworth, Harris, Hawkins, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kristiansen, Lytton, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie and Mr. Speaker.

Voting nay: Representatives Caldier, Chandler, Condotta, Dent, G. Hunt, Hargrove, Hayes, Holy, Klippert, Kretz, MacEwen, McCaslin, Nealey, Orcutt, Parker, Pike, Schmick, Scott, Shea, Short, Taylor, Van Werven, Vick, Wilson, Young and Zeiger.

Excused: Representatives DeBolt and Wilcox.

SUBSTITUTE HOUSE BILL NO. 1562, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1865, by Representatives Magendanz, Ortiz-Self, McCaslin, Hayes and Pollet

Concerning visual screening in schools.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Magendanz and Santos spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1865.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1865, and the bill passed the House by the following vote: Yeas, 93; Nays, 3; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Scott, Taylor and Vick.

Excused: Representatives DeBolt and Wilcox.

HOUSE BILL NO. 1865, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2033, by Representatives Goodman, Rodne, Orwall, Jinkins, Griffey, Fey, Pollet and Ormsby

Concerning sexual assault protection orders.

The bill was read the second time.

Representative Rodne moved the adoption of amendment (061):

0) On page 2, line 25, after "~~renewal.~~))" strike all material through "expires" on line 29 and insert "The court shall grant the motion for renewal if the petitioner proves by a preponderance of the evidence that the respondent will engage in or attempt to engage in physical or nonphysical contact with the petitioner when the order expires"

Representatives Rodne, Shea and Goodman spoke in favor of the adoption of the amendment.

Representative Jinkins spoke against the adoption of the amendment.

Amendment (061) was not adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Goodman spoke in favor of the passage of the bill.

Representative Rodne spoke against the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2033.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2033, and the bill passed the House by the following vote: Yeas, 67; Nays, 29; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Hansen, Hargrove, Hawkins, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Lytton, Magendanz, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, Dent, G. Hunt, Griffey, Haler, Harmsworth, Harris, Hayes, Holy, Kretz, Kristiansen, MacEwen, Manweller, McCaslin, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick and Wilson.

Excused: Representatives DeBolt and Wilcox.

HOUSE BILL NO. 2033, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1189, by Representatives S. Hunt, Holy, Bergquist, Johnson, Appleton and Buys

Regarding hours of availability of cities, towns, and special purpose districts for inspection and copying of public records.

The bill was read the second time.

With the consent of the house, amendment (076) was withdrawn.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives S. Hunt and Holy spoke in favor of the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 1189.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1189, and the bill passed the House by the following vote: Yeas, 95; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Chandler, Clibborn, Cody, Condotta, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, G. Hunt, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, McCaslin, Moeller, Morris, Moscoso, Muri, Nealey, Orcutt, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pike, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representative Pollet.

Excused: Representatives DeBolt and Wilcox.

HOUSE BILL NO. 1189, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1511, by Representatives Ortiz-Self, Hurst, Appleton, Stokesbary, Goodman, Reykdal, Moscoso, Rodne, Pollet, Magendanz, Zeiger, Johnson, Tharinger, Tarleton, Fitzgibbon, Van De Wege, Santos, Wylie, Ormsby, Walkinshaw, Gregerson and Farrell

Requiring Washington's tribal history, culture, and government to be taught in the common schools.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1511 was substituted for House Bill No. 1511 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1511 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ortiz-Self, Santos, Appleton and Johnson spoke in favor of the passage of the bill.

Representatives Manweller and McCaslin spoke against the passage of the bill.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1511.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1511, and the bill passed the House by the following vote: Yeas, 62; Nays, 34; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Caldier, Carlyle, Clibborn, Cody, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Hansen, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Lytton, MacEwen, Magendanz, McBride, McCabe, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Blake, Buys, Chandler, Condotta, Dent, G. Hunt, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Klippert, Kretz, Kristiansen, Manweller, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick, Wilson and Young.

Excused: Representatives DeBolt and Wilcox.

SUBSTITUTE HOUSE BILL NO. 1511, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1868, by Representatives Lytton and Morris

Expanding county road fund purposes for certain counties.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Local Government was adopted. (For Committee amendment, see Journal, Day 40, February 20, 2015).

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1868.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1868, as amended by the House, and the bill passed the House by the following vote: Yeas, 75; Nays, 21; Absent, 0; Excused, 2.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Carlyle, Clibborn, Cody, Dent, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Gregerson, Gregory, Griffey, Haler, Hansen, Harmsworth, Hayes, Hudgins, Hunter, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kretz, Kristiansen, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rodne, Ryu, S. Hunt, Santos, Sawyer, Sells, Senn, Smith, Springer, Stanford, Sullivan, Takko, Tarleton, Tharinger, Van De Wege, Van Werven, Walkinshaw, Walsh, Wylie, Young and Mr. Speaker.

Voting nay: Representatives Chandler, Condotta, G. Hunt, Hargrove, Harris, Hawkins, Holy, Klippert, McCaslin, Orcutt, Parker, Schmick, Scott, Shea, Short, Stambaugh, Stokesbary, Taylor, Vick, Wilson and Zeiger.

Excused: Representatives DeBolt and Wilcox.

ENGROSSED HOUSE BILL NO. 1868, having received the necessary constitutional majority, was declared passed.

SPEAKER’S PRIVILEGE

The Speaker (Representative Orwall presiding) thanked the Washington State Legislative Interns for volunteering to work as pages late into the evening.

There being no objection, the House advanced to the eighth order of business.

There being no objection, the Committee on Health Care & Wellness was relieved of SENATE BILL NO. 5121, and the bill was referred to the Committee on Commerce & Gaming.

There being no objection, the following bills were referred to the Committee on Rules:

HOUSE BILL NO. 1005

HOUSE BILL NO. 1061

HOUSE BILL NO. 1079

HOUSE BILL NO. 1112

HOUSE BILL NO. 1150

HOUSE BILL NO. 1182

HOUSE BILL NO. 1195

HOUSE BILL NO. 1196

HOUSE BILL NO. 1213

HOUSE BILL NO. 1217

HOUSE BILL NO. 1283

HOUSE BILL NO. 1341

HOUSE BILL NO. 1380

There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the second reading calendar:

HOUSE BILL NO. 1585

HOUSE BILL NO. 2125

There being no objection, the House advanced to the eleventh order of business.

There being no objection, the House adjourned until 9:00 a.m., March 5, 2015, the 53rd Day of the Regular Session.

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk