SHB 1495 -
By Senator Honeyford
NOT ADOPTED 04/04/2011
On page 1, line 24 of the amendment, after "product" strike all material through "act"
On page 1, line 28 of the amendment, after "product" strike all material through "act"
Beginning on page 1, line 30 of the amendment, after "product" strike all material through "act" on page 2, line 1
On page 2, beginning of line 9 of the amendment, after "person" strike all material through "act" on line 10
On page 2, beginning of line 12 of the amendment, after "person" strike all material through "act" on line 13
On page 2, line 23 of the amendment, after "products" strike all material through "act"
Beginning on page 2, line 24 of the amendment, strike all of sections 2 through 11 and insert the following:
"NEW SECTION. Sec. 2 (1) The legislature recognizes that:
(a) Manufacturers are a vital source of jobs and economic growth in
the state;
(b) Manufacturers in this state might suffer a loss of sales,
market share, and jobs if they are forced to compete against companies
that use stolen or misappropriated information technology because such
illegal use can unfairly lower production costs and could result in
that manufacturer gaining an unfair competitive edge;
(c) The theft of American information technology is particularly
rampant in foreign markets, with software piracy rates reaching as high
as ninety percent in some countries, costing the United States economy
jobs and economic growth; and
(d) Manufacturers that use significant amounts of stolen or
misappropriated information technology to reduce their costs should not
be allowed to benefit from their illegal acts.
(2) The legislature therefore directs the joint legislative audit
and review committee to study the impacts of stolen or misappropriated
information technology in this state. The joint legislative audit and
review committee must analyze:
(a) How existing state and federal laws relating to unfair trade
practices currently address the harm that occurs when manufacturers use
stolen or misappropriated information technology to gain an unfair
competitive advantage over companies that play by the rules;
(b) The impact restricting the use of stolen information technology
would have on retailers, importers, manufacturers, and wholesalers, and
the state's economy;
(c) The piracy rate of information technology in the state;
(d) The impact piracy has on manufactured goods in this state; and
(e) Whether a state-by-state restriction versus a uniform federal
restriction would have different impacts on the use of stolen
information technology and the advantages and disadvantages to both
approaches.
(3) In conducting its study, the joint legislative audit and review
committee must consult with manufacturers, retailers, technology
companies, phone companies, car manufacturers, copyright attorneys, and
other appropriate entities.
(4) A report containing the joint legislative audit and review
committee's findings and recommendations must be delivered to the
legislature by December 1, 2012."
Renumber the remaining section consecutively and correct any internal references accordingly.
SHB 1495 -
By Senator Honeyford
NOT ADOPTED 04/04/2011
On page 15, line 2 of the title amendment, after "RCW;" insert "creating a new section;"
EFFECT: Removes the new causes of action against manufacturers and third parties, and instead requires the Joint Legislative Audit and Review Committee (JLARC) to study issues related to the use of stolen IT and report its findings and recommendations to the Legislature by December 1, 2012.