The House was called to order at 9:55 a.m. by the Speaker (Representative Orwall presiding).

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

MESSAGE FROM THE SENATE

March 13, 2013

MR. SPEAKER:

The Senate has passed:

SENATE BILL NO. 5015

SUBSTITUTE SENATE BILL NO. 5031

SENATE BILL NO. 5059

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5193

SUBSTITUTE SENATE BILL NO. 5195

SUBSTITUTE SENATE BILL NO. 5202

SUBSTITUTE SENATE BILL NO. 5211

ENGROSSED SENATE BILL NO. 5236

SUBSTITUTE SENATE BILL NO. 5239

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5267

ENGROSSED SUBSTITUTE SENATE BILL NO. 5290

ENGROSSED SUBSTITUTE SENATE BILL NO. 5338

SUBSTITUTE SENATE BILL NO. 5381

SUBSTITUTE SENATE BILL NO. 5396

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5405

SENATE BILL NO. 5417

SUBSTITUTE SENATE BILL NO. 5456

ENGROSSED SUBSTITUTE SENATE BILL NO. 5458

ENGROSSED SENATE BILL NO. 5484

SUBSTITUTE SENATE BILL NO. 5517

ENGROSSED SUBSTITUTE SENATE BILL NO. 5551

SECOND SUBSTITUTE SENATE BILL NO. 5595

ENGROSSED SENATE BILL NO. 5603

SENATE BILL NO. 5658

ENGROSSED SENATE BILL NO. 5666

ENGROSSED SUBSTITUTE SENATE BILL NO. 5735

SENATE BILL NO. 5797

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5802

SENATE BILL NO. 5806

ENGROSSED SUBSTITUTE SENATE BILL NO. 5811

SENATE BILL NO. 5824

SUBSTITUTE SENATE BILL NO. 5834

ENGROSSED SUBSTITUTE SENATE BILL NO. 5849

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

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

INTRODUCTIONS AND FIRST READING

HB 2001 by Representatives Liias, Orcutt and Fitzgibbon

AN ACT Relating to the fuel tax used to determine fuel tax distributions to certain accounts; amending RCW 46.10.530 and 79A.25.070; reenacting and amending RCW 46.09.520; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

SB 5083 by Senators Benton, Shin, Carrell, Kline and Hasegawa

AN ACT Relating to political yard signs in homeowners' associations; and amending RCW 64.38.034.

Referred to Committee on Judiciary.

SB 5132 by Senators Honeyford, Dammeier and Padden

AN ACT Relating to disclosure of estimated state debt service costs; amending RCW 43.88.031; and declaring an emergency.

Referred to Committee on Appropriations.

SSB 5162 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Carrell, Rivers, Benton, Sheldon, Dammeier, Holmquist Newbry, Padden, Fraser, Frockt and Chase)

AN ACT Relating to prohibiting a child custody award to a suspect in an active murder investigation; amending RCW 13.34.132, 26.09.191, 26.10.160, 13.34.136, 13.34.380, and 74.14B.010; adding new sections to chapter 13.34 RCW; adding a new section to chapter 26.09 RCW; and creating a new section.

Referred to Committee on Judiciary.

ESSB 5178 by Senate Committee on Law & Justice (originally sponsored by Senators Carrell, Rolfes, Roach, Becker, Padden, Pearson and Conway)

AN ACT Relating to organized retail theft; amending RCW 9A.56.350; and prescribing penalties.

Referred to Committee on Public Safety.

SSB 5210 by Senate Committee on Financial Institutions, Housing & Insurance (originally sponsored by Senators Nelson and Hatfield)

AN ACT Relating to the department of financial institutions' regulation of mortgage brokers and clarifying the department's existing regulatory authority regarding residential mortgage loan modification services; and amending RCW 19.146.010, 19.146.020, 19.146.0201, 19.146.060, 19.146.220, and 19.146.240.

Referred to Committee on Business & Financial Services.

E2SSB 5215 by Senate Committee on Ways & Means (originally sponsored by Senators Becker, Holmquist Newbry, Ericksen, Dammeier, Honeyford and Schlicher)

AN ACT Relating to health care professionals contracting with public and private payors; adding a new section to chapter 18.130 RCW; and adding a new chapter to Title 48 RCW.

Referred to Committee on Health Care & Wellness.

SB 5257 by Senators Roach, Benton, Rivers, Conway and Fraser

AN ACT Relating to modifying time frames applicable to certain public disclosure commission requirements; amending RCW 42.17A.120 and 42.17A.265; reenacting and amending RCW 42.17A.110; and repealing RCW 42.17A.420.

Referred to Committee on Government Operations & Elections.

ESSB 5279 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Carrell, Baumgartner, Smith, Becker, Schoesler, Sheldon, Rivers, Delvin, Tom, Braun, Padden, Bailey and Hill)

AN ACT Relating to use of public assistance benefits; and amending RCW 74.08.580.

Referred to Committee on Early Learning & Human Services.

SB 5359 by Senator Carrell

AN ACT Relating to mandatory reporting of child abuse or neglect by supervised persons; amending RCW 26.44.030; reenacting and amending RCW 26.44.030; providing an effective date; and providing an expiration date.

Referred to Committee on Early Learning & Human Services.

SB 5411 by Senators Rolfes, Holmquist Newbry, Hatfield, Honeyford and Conway

AN ACT Relating to requiring the ballot proposition to reduce the terms of office of port commissioners to be submitted at the next general election; and amending RCW 53.12.175.

Referred to Committee on Government Operations & Elections.

SB 5425 by Senators Benton and Roach

AN ACT Relating to the entering of monetary judgments against defendants under the residential and manufactured/mobile home landlord-tenant acts; and amending RCW 59.18.055.

Referred to Committee on Judiciary.

SSB 5444 by Senate Committee on Governmental Operations (originally sponsored by Senators Hasegawa, Nelson, Kohl-Welles, Hobbs, Chase, Keiser and Kline)

AN ACT Relating to administration of taxes regarding publicly owned property; and amending RCW 84.40.045, 84.40.175, and 82.29A.120.

Referred to Committee on Local Government.

SSB 5452 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Conway, Carrell, Darneille and Kohl-Welles)

AN ACT Relating to no-contact and protection orders for stalking and harassment; amending RCW 9.41.800, 9.94A.535, 9A.46.040, 9A.46.110, 10.14.065, 10.14.070, and 10.31.100; reenacting and amending RCW 26.50.110; adding new sections to chapter 10.14 RCW; adding a new section to chapter 9A.46 RCW; adding a new chapter to Title 7 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

SSB 5471 by Senate Committee on Financial Institutions, Housing & Insurance (originally sponsored by Senators Nelson, Mullet, Hobbs, Fain and Keiser)

AN ACT Relating to insurance; amending RCW 48.02.060, 48.02.120, 48.15.050, 48.16.030, 48.20.435, 48.21.157, 48.43.700, 48.43.705, 48.46.040, 48.140.040, 48.140.050, 48.155.010, 48.175.005, and 48.175.020; and repealing RCW 48.140.070.

Referred to Committee on Business & Financial Services.

SB 5510 by Senators Becker, Keiser, Kohl-Welles, McAuliffe and Conway

AN ACT Relating to abuse of vulnerable adults; and amending RCW 74.34.020, 74.34.035, and 74.34.067.

Referred to Committee on Judiciary.

SSB 5518 by Senate Committee on Governmental Operations (originally sponsored by Senators Roach, Darneille, Sheldon and Hatfield)

AN ACT Relating to making nonsubstantive changes to election laws; amending RCW 29A.04.008, 29A.04.013, 29A.04.079, 29A.04.086, 29A.04.097, 29A.04.169, 29A.04.216, 29A.04.321, 29A.04.330, 29A.04.410, 29A.04.420, 29A.08.020, 29A.08.220, 29A.08.230, 29A.08.260, 29A.08.330, 29A.08.340, 29A.08.350, 29A.08.820, 29A.12.005, 29A.12.080, 29A.12.120, 29A.12.150, 29A.20.021, 29A.20.111, 29A.20.121, 29A.20.161, 29A.20.191, 29A.24.020, 29A.24.031, 29A.24.101, 29A.24.320, 29A.28.041, 29A.28.050, 29A.28.061, 29A.32.100, 29A.32.210, 29A.36.010, 29A.36.060, 29A.36.101, 29A.36.121, 29A.36.131, 29A.36.161, 29A.36.201, 29A.40.010, 29A.52.112, 29A.52.210, 29A.52.321, 29A.52.355, 29A.56.040, 29A.56.210, 29A.56.320, 29A.56.360, 29A.56.490, 29A.60.010, 29A.60.060, 29A.60.110, 29A.60.160, 29A.60.165, 29A.60.240, 29A.60.250, 29A.64.021, 29A.64.030, 29A.64.050, 29A.64.061, 29A.64.090, 29A.68.011, 29A.68.020, 29A.72.080, 29A.72.130, 29A.72.250, 29A.72.290, 29A.76.020, 29A.76.030, 29A.80.020, 29A.84.210, 29A.84.261, 29A.84.510, 29A.84.520, 29A.84.711, 29A.88.020, 29A.88.040, 42.12.040, 42.12.070, 46.20.155, 29A.24.311, and 29A.36.040; reenacting and amending RCW 29A.36.170, 29A.40.070, 29A.40.091, and 35.17.020; reenacting RCW 29A.08.520; adding a new section to chapter 29A.08 RCW; adding new sections to chapter 29A.24 RCW; adding new sections to chapter 29A.60 RCW; adding new sections to chapter 29A.56 RCW; adding a new section to chapter 29A.80 RCW; adding a new section to chapter 29A.16 RCW; recodifying RCW 29A.04.240, 29A.20.010, 29A.20.021, 29A.20.030, 29A.20.040, 29A.20.111, 29A.20.121, 29A.20.131, 29A.20.151, 29A.20.161, 29A.20.171, 29A.20.181, 29A.20.191, 29A.28.071, and 29A.76.030; repealing RCW 7.16.370, 29A.04.225, 29A.08.250, 29A.08.785, 29A.12.170, 29A.20.141, 29A.20.201, 29A.24.030, 29A.24.120, 29A.28.011, 29A.28.021, 29A.32.036, 29A.32.050, 29A.36.050, 29A.36.104, 29A.36.106, 29A.36.171, 29A.36.191, 29A.52.011, 29A.52.106, 29A.52.111, 29A.52.116, 29A.52.130, 29A.52.141, 29A.52.151, 29A.53.010, 29A.53.020, 29A.53.030, 29A.53.040, 29A.53.050, 29A.53.060, 29A.53.070, 29A.53.080, 29A.53.090, 29A.53.900, 29A.53.901, 29A.53.902, 29A.80.011, 44.04.015, and 49.28.120; and repealing 2009 c 369 s 27.

Referred to Committee on Government Operations & Elections.

ESB 5596 by Senator Carrell

AN ACT Relating to certain lake management activities on lands owned by the state of Washington; adding a new section to chapter 35A.21 RCW; and creating a new section.

Referred to Committee on Agriculture & Natural Resources.

2SSB 5624 by Senate Committee on Ways & Means (originally sponsored by Senators McAuliffe, Litzow, Shin, Kohl-Welles, Hasegawa, Rolfes, Hobbs, Becker, Frockt, Chase, Eide and Conway)

AN ACT Relating to aligning high-demand secondary STEM or career and technical education programs with applied baccalaureate programs; amending RCW 28A.300.515; and adding a new section to chapter 28B.50 RCW.

Referred to Committee on Higher Education.

SB 5674 by Senators Kohl-Welles, Smith, Hatfield, Conway, Schoesler, King, Hobbs, Murray, Keiser, Ranker, Harper, Hewitt and Rolfes

AN ACT Relating to wine and beer sampling at farmers markets; amending RCW 66.24.170 and 66.24.244; adding a new section to chapter 66.24 RCW; and repealing 2011 c 62 s 1 (uncodified).

Referred to Committee on Government Accountability & Oversight.

ESSB 5684 by Senate Committee on Commerce & Labor (originally sponsored by Senator King)

AN ACT Relating to the prevailing rate of wage paid on public works; and amending RCW 39.12.020.

Referred to Committee on Labor & Workforce Development.

E2SSB 5688 by Senate Committee on Ways & Means (originally sponsored by Senators Braun, Carrell, Dammeier, Rivers, Sheldon and Hobbs)

AN ACT Relating to simplifying definitions and classifications concerning state and local tax systems; and creating a new section.

Referred to Committee on Finance.

ESB 5699 by Senators Ericksen and Kline

AN ACT Relating to electronic product recycling; amending RCW 70.95N.020, 70.95N.040, 70.95N.050, 70.95N.090, 70.95N.110, 70.95N.140, 70.95N.180, 70.95N.190, 70.95N.200, 70.95N.210, 70.95N.230, 70.95N.290, 70.95N.300, and 42.56.270; and providing an effective date.

Referred to Committee on Environment.

SB 5716 by Senators Baumgartner, Honeyford, Benton, Ericksen, Delvin, Padden, Holmquist Newbry, Braun, Smith, Brown, Bailey and Roach

AN ACT Relating to capital budget appropriation transparency; and adding a new section to chapter 43.88 RCW.

Referred to Committee on Capital Budget.

SB 5751 by Senators Schoesler, Rivers, Smith, Braun, Baumgartner, Hasegawa, Parlette, Hewitt, Brown and Holmquist Newbry

AN ACT Relating to requiring an inventory of state fees; amending RCW 44.48.150; and adding a new section to chapter 43.88 RCW.

Referred to Committee on Appropriations.

SSB 5766 by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Hobbs, Hatfield, Honeyford, Schoesler and Brown)

AN ACT Relating to improving relationships between agricultural producers and state regulatory staff; adding a new section to chapter 89.08 RCW; creating a new section; and providing an expiration date.

Referred to Committee on Agriculture & Natural Resources.

SSB 5767 by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Hatfield and Hobbs)

AN ACT Relating to inspection of dairy cattle; amending RCW 16.57.160 and 16.57.370; and repealing RCW 16.57.303.

Referred to Committee on Agriculture & Natural Resources.

SB 5770 by Senators Honeyford, Hatfield and Hobbs

AN ACT Relating to conservation district electronic deposit of employee pay and compensation; and amending RCW 41.04.240 and 89.08.215.

Referred to Committee on Agriculture & Natural Resources.

There being no objection, the bills listed on today’s introduction sheet under the fourth order of business were referred to the committees so designated.

REPORTS OF STANDING COMMITTEES

March 12, 20130)

SSB 5021 Prime Sponsor, Committee on Law & Justice: Changing the crime of riot to the crime of criminal mischief. Reported by Committee on Public Safety

MAJORITY recommendation: Do pass. Signed by Representatives Goodman, Chair; Roberts, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton; Holy; Hope; Moscoso; Ross and Takko.

Passed to Committee on Rules for second reading.

March 12, 20130)

SSB 5022 Prime Sponsor, Committee on Law & Justice: Changing retail theft with extenuating circumstances to retail theft with special circumstances. Reported by Committee on Public Safety

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.56.360 and 2006 c 277 s 3 are each amended to read as follows:

(1) A person commits retail theft with ((~~extenuating~~)) special circumstances if he or she commits theft of property from a mercantile establishment with one of the following ((~~extenuating~~)) special circumstances:

(a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit;

(b) The person was, at the time of the theft, in possession of an item, article, implement, or device designed to overcome security systems including, but not limited to, lined bags or tag removers; or

(c) The person committed theft at three or more separate and distinct mercantile establishments within a one hundred eighty-day period.

(2) A person is guilty of retail theft with ((~~extenuating~~)) special circumstances in the first degree if the theft involved constitutes theft in the first degree. Retail theft with ((~~extenuating~~)) special circumstances in the first degree is a class B felony.

(3) A person is guilty of retail theft with ((~~extenuating~~)) special circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with ((~~extenuating~~)) special circumstances in the second degree is a class C felony.

(4) A person is guilty of retail theft with ((~~extenuating~~)) special circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with ((~~extenuating~~)) special circumstances in the third degree is a class C felony.

(5) For the purposes of this section, "special circumstances" means the particular aggravating circumstances described in subsection (1)(a) through (c) of this section.

Sec. 2. RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s 1 are each reenacted and amended to read as follows:

TABLE 2 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVI Aggravated Murder 1 (RCW 10.95.020)

XV Homicide by abuse (RCW 9A.32.055)

Malicious explosion 1 (RCW 70.74.280(1))

Murder 1 (RCW 9A.32.030)

XIV Murder 2 (RCW 9A.32.050)

Trafficking 1 (RCW 9A.40.100(1))

XIII Malicious explosion 2 (RCW 70.74.280(2))

Malicious placement of an explosive 1 (RCW 70.74.270(1))

XII Assault 1 (RCW 9A.36.011)

Assault of a Child 1 (RCW 9A.36.120)

Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)

Rape 1 (RCW 9A.44.040)

Rape of a Child 1 (RCW 9A.44.073)

Trafficking 2 (RCW 9A.40.100(2))

XI Manslaughter 1 (RCW 9A.32.060)

Rape 2 (RCW 9A.44.050)

Rape of a Child 2 (RCW 9A.44.076)

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

X Child Molestation 1 (RCW 9A.44.083)

Criminal Mistreatment 1 (RCW 9A.42.020)

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

Kidnapping 1 (RCW 9A.40.020)

Leading Organized Crime (RCW 9A.82.060(1)(a))

Malicious explosion 3 (RCW 70.74.280(3))

Sexually Violent Predator Escape (RCW 9A.76.115)

IX Abandonment of Dependent Person 1 (RCW 9A.42.060)

Assault of a Child 2 (RCW 9A.36.130)

Explosive devices prohibited (RCW 70.74.180)

Hit and Run--Death (RCW 46.52.020(4)(a))

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

Malicious placement of an explosive 2 (RCW 70.74.270(2))

Robbery 1 (RCW 9A.56.200)

Sexual Exploitation (RCW 9.68A.040)

VIII Arson 1 (RCW 9A.48.020)

Commercial Sexual Abuse of a Minor (RCW 9.68A.100)

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

Manslaughter 2 (RCW 9A.32.070)

Promoting Prostitution 1 (RCW 9A.88.070)

Theft of Ammonia (RCW 69.55.010)

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

VII Burglary 1 (RCW 9A.52.020)

Child Molestation 2 (RCW 9A.44.086)

Civil Disorder Training (RCW 9A.48.120)

Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))

Drive-by Shooting (RCW 9A.36.045)

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

Introducing Contraband 1 (RCW 9A.76.140)

Malicious placement of an explosive 3 (RCW 70.74.270(3))

Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)

Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))

Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

VI Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

Bribery (RCW 9A.68.010)

Incest 1 (RCW 9A.64.020(1))

Intimidating a Judge (RCW 9A.72.160)

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))

Rape of a Child 3 (RCW 9A.44.079)

Theft of a Firearm (RCW 9A.56.300)

Unlawful Storage of Ammonia (RCW 69.55.020)

V Abandonment of Dependent Person 2 (RCW 9A.42.070)

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

Child Molestation 3 (RCW 9A.44.089)

Criminal Mistreatment 2 (RCW 9A.42.030)

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

Driving While Under the Influence (RCW 46.61.502(6))

Extortion 1 (RCW 9A.56.120)

Extortionate Extension of Credit (RCW 9A.82.020)

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

Incest 2 (RCW 9A.64.020(2))

Kidnapping 2 (RCW 9A.40.030)

Perjury 1 (RCW 9A.72.020)

Persistent prison misbehavior (RCW 9.94.070)

Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))

Possession of a Stolen Firearm (RCW 9A.56.310)

Rape 3 (RCW 9A.44.060)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

Sexually Violating Human Remains (RCW 9A.44.105)

Stalking (RCW 9A.46.110)

Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)

IV Arson 2 (RCW 9A.48.030)

Assault 2 (RCW 9A.36.021)

Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))

Assault by Watercraft (RCW 79A.60.060)

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

Cheating 1 (RCW 9.46.1961)

Commercial Bribery (RCW 9A.68.060)

Counterfeiting (RCW 9.16.035(4))

Endangerment with a Controlled Substance (RCW 9A.42.100)

Escape 1 (RCW 9A.76.110)

Hit and Run -Injury (RCW 46.52.020(4)(b))

Hit and Run with Vessel -Injury Accident (RCW 79A.60.200(3))

Identity Theft 1 (RCW 9.35.020(2))

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

Influencing Outcome of Sporting Event (RCW 9A.82.070)

Malicious Harassment (RCW 9A.36.080)

Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))

Residential Burglary (RCW 9A.52.025)

Robbery 2 (RCW 9A.56.210)

Theft of Livestock 1 (RCW 9A.56.080)

Threats to Bomb (RCW 9.61.160)

Trafficking in Stolen Property 1 (RCW 9A.82.050)

Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))

Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))

Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))

Unlawful transaction of insurance business (RCW 48.15.023(3))

Unlicensed practice as an insurance professional (RCW 48.17.063(2))

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))

Willful Failure to Return from Furlough (RCW 72.66.060)

III Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))

Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))

Assault of a Child 3 (RCW 9A.36.140)

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

Burglary 2 (RCW 9A.52.030)

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

Criminal Gang Intimidation (RCW 9A.46.120)

Custodial Assault (RCW 9A.36.100)

Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))

Escape 2 (RCW 9A.76.120)

Extortion 2 (RCW 9A.56.130)

Harassment (RCW 9A.46.020)

Intimidating a Public Servant (RCW 9A.76.180)

Introducing Contraband 2 (RCW 9A.76.150)

Malicious Injury to Railroad Property (RCW 81.60.070)

Mortgage Fraud (RCW 19.144.080)

Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)

Organized Retail Theft 1 (RCW 9A.56.350(2))

Perjury 2 (RCW 9A.72.030)

Possession of Incendiary Device (RCW 9.40.120)

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

Promoting Prostitution 2 (RCW 9A.88.080)

Retail Theft with ((Extenuating)) Special Circumstances 1 (RCW 9A.56.360(2))

Securities Act violation (RCW 21.20.400)

Tampering with a Witness (RCW 9A.72.120)

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))

Theft of Livestock 2 (RCW 9A.56.083)

Theft with the Intent to Resell 1 (RCW 9A.56.340(2))

Trafficking in Stolen Property 2 (RCW 9A.82.055)

Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))

Unlawful Imprisonment (RCW 9A.40.040)

Unlawful possession of firearm in the second degree (RCW 9.41.040(2))

Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))

Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))

Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

Willful Failure to Return from Work Release (RCW 72.65.070)

II Commercial Fishing Without a License (RCW 77.15.500(3)(b))

Computer Trespass 1 (RCW 9A.52.110)

Counterfeiting (RCW 9.16.035(3))

Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))

Escape from Community Custody (RCW 72.09.310)

Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.132)

Health Care False Claims (RCW 48.80.030)

Identity Theft 2 (RCW 9.35.020(3))

Improperly Obtaining Financial Information (RCW 9.35.010)

Malicious Mischief 1 (RCW 9A.48.070)

Organized Retail Theft 2 (RCW 9A.56.350(3))

Possession of Stolen Property 1 (RCW 9A.56.150)

Possession of a Stolen Vehicle (RCW 9A.56.068)

Retail Theft with ((Extenuating)) Special Circumstances 2 (RCW 9A.56.360(3))

Theft 1 (RCW 9A.56.030) Theft of a Motor Vehicle (RCW 9A.56.065)

Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a))

Theft with the Intent to Resell 2 (RCW 9A.56.340(3))

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))

Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))

Unlawful Practice of Law (RCW 2.48.180)

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))

Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))

Voyeurism (RCW 9A.44.115)

I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

False Verification for Welfare (RCW 74.08.055)

Forgery (RCW 9A.60.020) Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)

Malicious Mischief 2 (RCW 9A.48.080)

Mineral Trespass (RCW 78.44.330)

Possession of Stolen Property 2 (RCW 9A.56.160)

Reckless Burning 1 (RCW 9A.48.040)

Spotlighting Big Game 1 (RCW 77.15.450(3)(b))

Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))

Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)

Theft 2 (RCW 9A.56.040)

Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))

Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)

Unlawful Fish and Shellfish Catch Accounting (RCW77.15.630(3)(b))

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

Unlawful Possession of Fictitious Identification (RCW 9A.56.320)

Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)

Unlawful Possession of Payment Instruments (RCW 9A.56.320)

Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)

Unlawful Production of Payment Instruments (RCW 9A.56.320)

Unlawful Release of Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))

Unlawful Trafficking in Food Stamps (RCW 9.91.142)

Unlawful Use of Food Stamps (RCW 9.91.144)

Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))

Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))

Vehicle Prowl 1 (RCW 9A.52.095)

Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))

NEW SECTION. Sec. 3. This act takes effect January 1, 2014."

Correct the title.

Signed by Representatives Goodman, Chair; Roberts, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton; Holy; Hope; Moscoso; Ross and Takko.

Passed to Committee on Rules for second reading.

March 12, 20130)

ESB 5053 Prime Sponsor, Senator Harper: Modifying vehicle prowling provisions. Reported by Committee on Public Safety

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.52.100 and 2011 c 336 s 376 are each amended to read as follows:

(1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

(2) Except as provided in subsection (3) of this section, vehicle prowling in the second degree is a gross misdemeanor.

(3) Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree. A third or subsequent conviction means that a person has been previously convicted at least two separate occasions of the crime of vehicle prowling in the second degree.
(4) Multiple counts of vehicle prowling (a) charged in the same charging document do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree and (b) based on the same date of occurrence do not count as separate offenses for the purposes of charging as a felony based on previous convictions for vehicle prowling in the second degree.