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 the Washington Youth Academy. The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Reverend Richmond Johnson, Mt. Zion Missionary Baptist Church, Bremerton, Washington.

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

POINT OF PERSONAL PRIVILEGE

Representative Kilduff: “Thank you Madam Speaker. I rise today with great gratitude for the very special guests that we have within our midst today and up on the rostrum. First and foremost, we have some Gold Star Children. Six children with us today. For those of you who may not know they are children who have suffered the loss of a parent in service of our U. S. military, defending our country. Those are parents and soldiers who are our truths and heroes, parents and soldiers who gave the ultimate sacrifice, parents and soldiers who stood to safeguard out liberties.

So Chloe, Bryan, Brendan, Noel, Odessa and Joey, from the bottom of my heart, thank you for the sacrifice that your families have made, that your parents have made and that you continue to make.

Madam Speaker, I would also like to recognize another special guest, very well known to this body, to this state, number 15, Jermaine Kearse with the Seattle Seahawks. Mr. Kearse, you may not know beyond his Seahawks fame, is somebody who lived in a military family right on Joint Base Lewis McChord in the 28^th legislative district and in addition to being an outstanding champion on the field he is a true champion off the field. A champion for the Gold Star Children and a champion for all military children in our state. So with that Madam Speaker, I thank you for the opportunity to recognize our very special guests and once again thank all of you for your commitment to our community, Mr. Kearse, and to these wonderful children for the sacrifices your families have made. Thank you Madam Speaker.”

POINT OF PERSONAL PRIVILEGE

Representative Stambaugh: “Thank you Madam Speaker. I rise today with great appreciation for all of the individuals you are sharing the rostrum with. First the Gold Star Children, you are inspiring to every single one of the members here on the floor. We just appreciate you for the sacrifice and the strength you have and you share with your families and you communities.

We also want to thank Jermaine Kearse for being here and for the inspiration that you provide to so many of us here in Washington, both young and old. I was a University of Washington Husky, getting to watch you on the field, it was truly an honor.

To have young people raising their abilities to the forefront for all of the state to be able to watch and rally behind, I know that you have people who are cheering for you in every step and walk you take both on and off the field, and these young Gold Star Children are also there and I know that as you carry each of us with you on and off the field, particularly these young kids, and I just appreciate your work on behalf of our community, on behalf of Pierce County being that the 25^th is in Pierce County, and just on behalf of all young people inspired and aspiring to do great things with their lives. So, from the bottom of my heart, I just thank the Gold Star Children for your dedication and Jermaine Kearse for your dedication to our community. Thank you.”

SPEAKER’S PRIVILEGE

The Speaker (Representative Moeller presiding) introduced Jermaine Kearse and Gold Star Kids to the Chamber and asked the members to acknowledge them.

RESOLUTION

HOUSE RESOLUTION NO. 2016-4662, by Representatives Chopp, Kristiansen, Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, S. Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, and Zeiger

WHEREAS, Washington is the only state named for an American president, George Washington, the father of our country, and as such, Washingtonians hold the presidency and presidents in especially high regard; and

WHEREAS, Both February 22nd, the actual birthday of President George Washington, and February 12th, the actual birthday of President Abraham Lincoln, were kept and observed until 1971 as the anniversaries of the births of these two great American presidents; and

WHEREAS, Washington State and the nation have set aside the third Monday of every February to celebrate George Washington's and Abraham Lincoln's birthdays, as both of these presidents were born in February; and

WHEREAS, George Washington led the Revolutionary Army with courage and fortitude and, then serving as the first President of the United States, defined the office and remained ever mindful of his actions and the ramifications carried by his deeds; and

WHEREAS, Abraham Lincoln, the sixteenth president of the United States, architect of the Emancipation Proclamation, and driving force behind the destruction of slavery, preserved the Union in the midst of a terrible civil war which threatened to tear our nation apart; and

WHEREAS, Although George Washington was unanimously elected to the presidency, he gave himself the simple title of "Mr. President," choosing to be a citizen rather than a king; and

WHEREAS, Although Abraham Lincoln gained the distinction of being a great statesman with impeccable morals, he never lost sight of his humble beginnings or the values he shared with the common man; and

WHEREAS, We reflect on all forty-three presidents who guided the country through the obstacles of their day, thereby lifting up the whole nation and leading us all toward a more perfect union; and

WHEREAS, We recognize the first ladies of our nation, who have not only provided citizens with role models who exemplify what it means to be an American, but have also served as symbols of strength in times of adversity; and

WHEREAS, We recognize the efforts made by the presidents and first ladies to uphold liberty and freedom in the face of tyranny and injustice and reflect on our nation's de facto motto, E pluribus unum, which means "Out of many, one;"

NOW, THEREFORE, BE IT RESOLVED, That on this fifteenth day of February 2016, the House of Representatives honor the first and sixteenth presidents of the United States for their immeasurable contributions to, and noble sacrifices for, the causes of liberty, equality, and justice.

Representative Rossetti moved adoption of HOUSE RESOLUTION NO. 4662

Representatives Rossetti and Parker spoke in favor of the adoption of the resolution.

HOUSE RESOLUTION NO. 4662 was adopted.

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

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

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

HOUSE BILL NO. 2300

HOUSE BILL NO. 2359

HOUSE BILL NO. 2435

HOUSE BILL NO. 2507

HOUSE BILL NO. 2522

HOUSE BILL NO. 2526

HOUSE BILL NO. 2671

HOUSE BILL NO. 2744

HOUSE BILL NO. 2936

MESSAGES FROM THE SENATE

February 12, 2016

MR. SPEAKER:

The Senate has passed:

SECOND ENGROSSED SENATE BILL NO. 5251,

SENATE BILL NO. 5270,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5561,

SENATE BILL NO. 5605,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5694,

SUBSTITUTE SENATE BILL NO. 5767,

SENATE BILL NO. 6162,

SENATE BILL NO. 6202,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6203,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6206,

SENATE BILL NO. 6220,

SENATE BILL NO. 6282,

SUBSTITUTE SENATE BILL NO. 6285,

SENATE BILL NO. 6291,

SUBSTITUTE SENATE BILL NO. 6341,

SUBSTITUTE SENATE BILL NO. 6342,

SENATE BILL NO. 6400,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6528,

ENGROSSED SENATE BILL NO. 6620,

SENATE BILL NO. 6626,

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

February 15, 2016

MR. SPEAKER:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5206,

SENATE BILL NO. 5277,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5575,

SUBSTITUTE SENATE BILL NO. 5583,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5635,

SENATE BILL NO. 6156,

SENATE BILL NO. 6178,

SUBSTITUTE SENATE BILL NO. 6210,

SUBSTITUTE SENATE BILL NO. 6254,

SUBSTITUTE SENATE BILL NO. 6261,

SENATE BILL NO. 6262,

SUBSTITUTE SENATE BILL NO. 6267,

SUBSTITUTE SENATE BILL NO. 6295,

SENATE BILL NO. 6343,

SENATE BILL NO. 6401,

SUBSTITUTE SENATE BILL NO. 6463,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6470,

SUBSTITUTE SENATE BILL NO. 6483,

SUBSTITUTE SENATE BILL NO. 6558,

SENATE JOINT MEMORIAL NO. 8019,

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

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

INTRODUCTION & FIRST READING

HB 2984 by Representatives Senn, Nealey and Reykdal

AN ACT Relating to local government financing.

Referred to Committee on Local Government.

HB 2984 by Representatives Senn, Nealey and Reykdal

AN ACT Relating to local government financing.

Referred to Committee on Local Government.

2ESB 5251 by Senators Honeyford and Keiser

AN ACT Relating to transferring public water system financial assistance activities from the public works board and the department of commerce to the department of health; and amending RCW 70.119A.170.

Referred to Committee on General Government & Information Technology.

2ESB 5251 by Senators Honeyford and Keiser

Referred to Committee on General Government & Information Technology.

SB 5270 by Senators Roach, Liias and Benton

AN ACT Relating to sunsetting a nonoperating advisory board reporting to the state patrol; amending RCW 13.60.110; creating a new section; and repealing RCW 13.60.120.

Referred to Committee on Public Safety.

SB 5270 by Senators Roach, Liias and Benton

AN ACT Relating to sunsetting a nonoperating advisory board reporting to the state patrol; amending RCW 13.60.110; creating a new section; and repealing RCW 13.60.120.

Referred to Committee on Public Safety.

ESSB 5561 by Senate Committee on Ways & Means (originally sponsored by Senators Bailey, Kohl-Welles, Frockt, Honeyford, Hewitt, Rolfes, McAuliffe and Angel)

AN ACT Relating to veteran survivor tuition waiver eligibility; and amending RCW 28B.15.621.

Referred to Committee on Higher Education.

ESSB 5561 by Senate Committee on Ways & Means (originally sponsored by Senators Bailey, Kohl-Welles, Frockt, Honeyford, Hewitt, Rolfes, McAuliffe and Angel)

AN ACT Relating to veteran survivor tuition waiver eligibility; and amending RCW 28B.15.621.

Referred to Committee on Higher Education.

SB 5605 by Senators Darneille, Jayapal, Kohl-Welles and McAuliffe

AN ACT Relating to arrest of sixteen and seventeen year olds for domestic violence assault; and reenacting and amending RCW 10.31.100.

Referred to Committee on Early Learning & Human Services.

SB 5605 by Senators Darneille, Jayapal, Kohl-Welles and McAuliffe

AN ACT Relating to arrest of sixteen and seventeen year olds for domestic violence assault; and reenacting and amending RCW 10.31.100.

Referred to Committee on Early Learning & Human Services.

ESSB 5694 by Senate Committee on Government Operations & Security (originally sponsored by Senators Padden, Baumgartner and Billig)

AN ACT Relating to assessments for nuisance abatement in cities and towns; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 35A.21 RCW.

Referred to Committee on Local Government.

ESSB 5694 by Senate Committee on Government Operations & Security (originally sponsored by Senators Padden, Baumgartner and Billig)

AN ACT Relating to assessments for nuisance abatement in cities and towns; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 35A.21 RCW.

Referred to Committee on Local Government.

SSB 5767 by Senate Committee on Government Operations & Security (originally sponsored by Senators Cleveland, Benton, Honeyford and Fraser)

AN ACT Relating to local government treasury practices and procedures; and amending RCW 36.29.190 and 39.72.010.

Referred to Committee on Local Government.

SSB 5767 by Senate Committee on Government Operations & Security (originally sponsored by Senators Cleveland, Benton, Honeyford and Fraser)

AN ACT Relating to local government treasury practices and procedures; and amending RCW 36.29.190 and 39.72.010.

Referred to Committee on Local Government.

SB 6162 by Senators Honeyford, Rolfes, Chase, Parlette, Pearson, Roach and Fraser

AN ACT Relating to the expiration date of the invasive species council and account; and amending RCW 79A.25.310 and 79A.25.370.

Referred to Committee on Agriculture & Natural Resources.

SB 6162 by Senators Honeyford, Rolfes, Chase, Parlette, Pearson, Roach and Fraser

AN ACT Relating to the expiration date of the invasive species council and account; and amending RCW 79A.25.310 and 79A.25.370.

Referred to Committee on Agriculture & Natural Resources.

SB 6202 by Senators Hobbs, Angel, Roach, Bailey, Conway, Rivers, Rolfes, McCoy, McAuliffe and Benton

AN ACT Relating to the enforcement of employment rights arising from state active duty service by a member of the national guard; and amending RCW 73.16.061.

Referred to Committee on Community Development, Housing & Tribal Affairs.

SB 6202 by Senators Hobbs, Angel, Roach, Bailey, Conway, Rivers, Rolfes, McCoy, McAuliffe and Benton

AN ACT Relating to the enforcement of employment rights arising from state active duty service by a member of the national guard; and amending RCW 73.16.061.

Referred to Committee on Community Development, Housing & Tribal Affairs.

ESSB 6203 by Senate Committee on Health Care (originally sponsored by Senators Parlette, Becker, Keiser and Conway)

AN ACT Relating to updating statutes relating to the practice of pharmacy including the practice of pharmacy in long-term care settings; amending RCW 18.64.011, 69.50.308, 74.42.230, 69.41.032, 69.41.042, 69.41.044, 69.41.055, 69.41.220, 18.64.245, and 18.64.500; reenacting and amending RCW 69.41.010 and 69.41.030; adding new sections to chapter 18.64 RCW; and adding a new section to chapter 69.41 RCW.

Referred to Committee on Health Care & Wellness.

ESSB 6203 by Senate Committee on Health Care (originally sponsored by Senators Parlette, Becker, Keiser and Conway)

Referred to Committee on Health Care & Wellness.

ESSB 6206 by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Hasegawa, Takko, Chase, Schoesler and Sheldon)

AN ACT Relating to authorizing the growing of industrial hemp; adding a new chapter to Title 15 RCW; creating a new section; and providing an expiration date.

Referred to Committee on Commerce & Gaming.

ESSB 6206 by Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Hasegawa, Takko, Chase, Schoesler and Sheldon)

AN ACT Relating to authorizing the growing of industrial hemp; adding a new chapter to Title 15 RCW; creating a new section; and providing an expiration date.

Referred to Committee on Commerce & Gaming.

SB 6220 by Senators Brown, Angel, Braun, Hewitt, Roach, Parlette and Sheldon

AN ACT Relating to promoting economic development by maximizing the use of federal economic development funding opportunities; and amending RCW 43.330.040 and 43.330.050.

Referred to Committee on Technology & Economic Development.

SB 6220 by Senators Brown, Angel, Braun, Hewitt, Roach, Parlette and Sheldon

AN ACT Relating to promoting economic development by maximizing the use of federal economic development funding opportunities; and amending RCW 43.330.040 and 43.330.050.

Referred to Committee on Technology & Economic Development.

SB 6282 by Senators Benton, Hasegawa, Mullet and Angel

AN ACT Relating to the mortgage lending fraud prosecution account; amending RCW 43.320.140 and 36.22.181; and providing expiration dates.

Referred to Committee on Business & Financial Services.

SB 6282 by Senators Benton, Hasegawa, Mullet and Angel

AN ACT Relating to the mortgage lending fraud prosecution account; amending RCW 43.320.140 and 36.22.181; and providing expiration dates.

Referred to Committee on Business & Financial Services.

SSB 6285 by Senate Committee on Ways & Means (originally sponsored by Senators Fain, Hobbs and Roach)

AN ACT Relating to the operating and reserve accounts of the horse racing commission; amending RCW 67.16.280; reenacting and amending RCW 43.79A.040 and 43.84.092; adding a new section to chapter 67.16 RCW; and providing an effective date.

Referred to Committee on Commerce & Gaming.

SSB 6285 by Senate Committee on Ways & Means (originally sponsored by Senators Fain, Hobbs and Roach)

Referred to Committee on Commerce & Gaming.

SB 6291 by Senators Braun, Becker, Angel, Rivers, Sheldon and Liias

AN ACT Relating to using weighted grade point averages for accelerated courses; amending RCW 28A.230.125; and creating a new section.

Referred to Committee on Education.

SB 6291 by Senators Braun, Becker, Angel, Rivers, Sheldon and Liias

AN ACT Relating to using weighted grade point averages for accelerated courses; amending RCW 28A.230.125; and creating a new section.

Referred to Committee on Education.

SSB 6341 by Senate Committee on Commerce & Labor (originally sponsored by Senators Rivers and Conway)

AN ACT Relating to the provision of personal services and promotional items by cannabis producers and processors; and adding a new section to chapter 69.50 RCW.

Referred to Committee on Commerce & Gaming.

SSB 6341 by Senate Committee on Commerce & Labor (originally sponsored by Senators Rivers and Conway)

AN ACT Relating to the provision of personal services and promotional items by cannabis producers and processors; and adding a new section to chapter 69.50 RCW.

Referred to Committee on Commerce & Gaming.

SSB 6342 by Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Miloscia and Hobbs)

AN ACT Relating to private activity bond allocation; and amending RCW 39.86.120, 39.86.140, and 39.86.190.

Referred to Committee on Community Development, Housing & Tribal Affairs.

SSB 6342 by Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Miloscia and Hobbs)

AN ACT Relating to private activity bond allocation; and amending RCW 39.86.120, 39.86.140, and 39.86.190.

Referred to Committee on Community Development, Housing & Tribal Affairs.

SB 6400 by Senators Hewitt, Hargrove and Warnick

AN ACT Relating to the technical changes that clarify fish and wildlife enforcement laws; amending RCW 77.15.370, 77.15.400, and 77.15.420; and prescribing penalties.

Referred to Committee on Agriculture & Natural Resources.

SB 6400 by Senators Hewitt, Hargrove and Warnick

AN ACT Relating to the technical changes that clarify fish and wildlife enforcement laws; amending RCW 77.15.370, 77.15.400, and 77.15.420; and prescribing penalties.

Referred to Committee on Agriculture & Natural Resources.

ESSB 6528 by Senate Committee on Trade & Economic Development (originally sponsored by Senators Brown, Sheldon, Dammeier, Parlette, Schoesler, Warnick, Honeyford, Braun, Angel, Hewitt, Miloscia, O'Ban, Becker, Rivers and Rolfes)

AN ACT Relating to promoting economic development through protection of information technology resources; amending RCW 43.105.054; reenacting and amending RCW 43.105.020; and creating new sections.

Referred to Committee on Technology & Economic Development.

AN ACT Relating to promoting economic development through protection of information technology resources; amending RCW 43.105.054; reenacting and amending RCW 43.105.020; and creating new sections.

Referred to Committee on Technology & Economic Development.

ESB 6620 by Senators McAuliffe, Dammeier, Rolfes, Litzow, Billig, Keiser and Conway

AN ACT Relating to a statewide plan for funding cost-effective methods for school safety; adding a new section to chapter 28A.300 RCW; creating new sections; and providing an expiration date.

Referred to Committee on Education.

ESB 6620 by Senators McAuliffe, Dammeier, Rolfes, Litzow, Billig, Keiser and Conway

AN ACT Relating to a statewide plan for funding cost-effective methods for school safety; adding a new section to chapter 28A.300 RCW; creating new sections; and providing an expiration date.

Referred to Committee on Education.

SB 6626 by Senators Bailey, Frockt, Baumgartner, Liias and McAuliffe

AN ACT Relating to creating a work group on accelerated baccalaureate degree programs; creating new sections; and providing an expiration date.

Referred to Committee on Higher Education.

SB 6626 by Senators Bailey, Frockt, Baumgartner, Liias and McAuliffe

AN ACT Relating to creating a work group on accelerated baccalaureate degree programs; creating new sections; and providing an expiration date.

Referred to Committee on Higher Education.

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

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

SECOND READING

HOUSE BILL NO. 1983, by Representatives Pollet, Zeiger, S. Hunt, Haler and Bergquist

Creating the TEACH pilot project of financial assistance for teachers taking basic skills and content tests for teacher certification programs.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1983 was substituted for House Bill No. 1983 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1983 was read the second time.

Representative Pollet moved the adoption of amendment (694):

0) On page 2, line 30, after "office" insert "of student financial assistance"

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

Amendment (694) 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 Pollet and Magendanz 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. 1983.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1983, and the bill passed the House by the following vote: Yeas, 58; Nays, 39; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kochmar, Kuderer, Lytton, Magendanz, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Johnson, Klippert, Kretz, Kristiansen, MacEwen, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Schmick, Scott, Shea, Short, Smith, Stokesbary, Taylor, Van Werven, Vick, Walsh, Wilcox and Wilson.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1983, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2360, by Representatives Lytton, Magendanz, Sullivan, Reykdal, Rossetti, Santos and Chandler

Eliminating the quality education council.

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 Lytton and Magendanz 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. 2360.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2360, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

HOUSE BILL NO. 2360, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2381, by Representatives Ortiz-Self, Kilduff, Walsh, Peterson, Gregerson, Cody, Caldier, Jinkins, Reykdal, Frame, Stanford, Sells, McBride, Bergquist and Pollet

Establishing a legislative task force on school counselors, psychologists, and social workers. Revised for 1st Substitute: Convening a task force on school counselors, psychologists, and social workers.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2381 was substituted for House Bill No. 2381 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2381 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 and Magendanz 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. 2381.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2381, and the bill passed the House by the following vote: Yeas, 58; Nays, 39; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kuderer, Lytton, Magendanz, McBride, McCabe, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Smith, Springer, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Johnson, Kretz, Kristiansen, MacEwen, Manweller, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Stambaugh, Taylor, Van Werven, Vick, Wilcox, Wilson, Young and Zeiger.

SUBSTITUTE HOUSE BILL NO. 2381, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2429, by Representatives Caldier, Reykdal, Magendanz, Ortiz-Self, Young, McBride, McCaslin, Muri, Kilduff, Pollet and Santos

Concerning the provision of assessment results to students and their parents or guardians.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2429 was substituted for House Bill No. 2429 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2429 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 Caldier and Santos 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. 2429.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2429, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 2429, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1949, by Representatives Pollet, S. Hunt, Gregerson, Ortiz-Self, Moscoso, Ormsby and McBride

Regulating the institutions of higher education, including for-profit institutions and private vocational schools, to protect students from unfair business practices.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1949 was substituted for House Bill No. 1949 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1949 was read the second time.

Representative Haler moved the adoption of amendment (679):

On page 4, beginning on line 25, after "(b)" strike all material through "institution" on line 38 and insert "Shall require that a degree-granting institution that operates on a for-profit basis and any agent of the institution, shall not engage in any practice regarding the sale of, or inducing of students to obtain, specific consumer student loan products to fund education that financially benefits any person or entity that has an ownership interest in the institution, unless the institution can demonstrate to the council that the student has exhausted all federal aid options and has been denied non-institutional private commercial loan products. The prohibition in this subsection (1)(b) applies to any degree-granting institution that operates on a for-profit basis, and any agent of the institution, that has at least one hundred fifty students or more enrolled in the state in any given year or that has been operating in the state for less than two consecutive years. A financial benefit for purposes of this subsection (1)(b) does not include merely having an interest in students with loans enrolling in the institution or assisting students with financial aid matters. For purposes of this subsection (1)(b), "agent" means any employee, officer, or contractor working on behalf of the institution"

On page 9, beginning on line 14, after "with" strike all material through "web site" on line 18 and insert "the same types of information as currently presented on the agency's career bridge web site. In those cases where the agency does not have information calculated for the career bridge web site on a school or program, the agency shall establish procedures and methodology and required accompanying descriptive material for any alternative data posted"

On page 10, line 25, after "may not" strike all material through "education" on line 30 and insert "engage in any practice regarding the sale of, or inducing of students to obtain, specific consumer student loan products to fund education that financially benefits any person or entity that has an ownership interest in the institution, unless the institution can demonstrate to the agency that the student has exhausted all federal aid options and has been denied non-institutional private commercial loan products. A financial benefit for purposes of this subsection (3) does not include merely having an interest in students with loans enrolling in the institution or assisting students with financial aid matters. For purposes of this subsection (3), "agent" means any employee, officer, or contractor working on behalf of the institution"

On page 12, beginning on line 13, after "with" strike all material through "as" on line 14 and insert "either"

On page 12, line 15, after "site" insert "or alternative data the agency has required in cases where the agency does not have information calculated for the career bridge web site"

On page 13, beginning on line 3, after "(m)" strike all material through "education" on line 7 and insert "Engage in any practice regarding the sale of, or inducing of students to obtain, specific consumer student loan products to fund education that financially benefits any person or entity that has an ownership interest in the institution, unless the institution can demonstrate to the agency that the student has exhausted all federal aid options and has been denied non-institutional private commercial loan products"

Representatives Haler and Pollet spoke in favor of the adoption of the amendment.

Amendment (679) 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 Pollet and Zeiger spoke in favor of the passage of the bill.

Representatives Wilcox and Shea 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. 1949.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1949, and the bill passed the House by the following vote: Yeas, 52; Nays, 45; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Klippert, Kuderer, Lytton, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Johnson, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stambaugh, Stokesbary, Taylor, Van Werven, Vick, Walsh, Wilcox, Wilson and Young.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1949, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2769, by Representatives Senn, Zeiger, Bergquist, Haler, Reykdal, Frame, Rossetti, Kilduff and Goodman

Creating a pilot program for community and technical colleges to offer bachelor degrees.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2769 was substituted for House Bill No. 2769 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2769 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 Senn and Zeiger spoke in favor of the passage of the bill.

Representative Manweller 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. 2769.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2769, and the bill passed the House by the following vote: Yeas, 68; Nays, 29; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Chandler, Clibborn, Cody, DeBolt, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Hansen, Hargrove, Harmsworth, Hawkins, Hayes, Hickel, Hudgins, S. Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kristiansen, Kuderer, Lytton, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Smith, Springer, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Walkinshaw, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Condotta, Dent, Dye, Haler, Harris, Holy, Klippert, Kretz, MacEwen, Magendanz, Manweller, McCaslin, Nealey, Parker, Rodne, Schmick, Scott, Shea, Short, Stambaugh, Stanford, Stokesbary, Taylor, Vick, Walsh, Wilson and Young.

SECOND SUBSTITUTE HOUSE BILL NO. 2769, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2933, by Representatives Gregerson, Santos and Ryu

Concerning small works rosters.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2933 was substituted for House Bill No. 2933 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2933 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 Gregerson, Smith and Smith (again) 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 Second Substitute House Bill No. 2933.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2933, and the bill passed the House by the following vote: Yeas, 94; Nays, 3; Absent, 0; Excused, 0.

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

Voting nay: Representatives Chandler, Magendanz and Taylor.

SECOND SUBSTITUTE HOUSE BILL NO. 2933, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2938, by Representatives Orcutt and Walkinshaw

Encouraging participation in Washington trade conventions by modifying tax provisions related to establishing substantial nexus.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2938 was substituted for House Bill No. 2938 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2938 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 Orcutt and Robinson 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. 2938.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2938, and the bill passed the House by the following vote: Yeas, 96; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representative Pollet.

SUBSTITUTE HOUSE BILL NO. 2938, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4010, by Representatives Dunshee, Santos, Stanford, Wylie, S. Hunt, Tharinger, Ortiz-Self, Fitzgibbon, Sells, Ryu, Walkinshaw, Kagi, Peterson, Hudgins, Robinson and Bergquist

Requesting that state route number 99 be named the "William P. Stewart Memorial Highway."

The joint memorial was read the second time.

With the consent of the house, amendments (683) and (703) were withdrawn.

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

Representatives Dunshee and Orcutt spoke in favor of the passage of the memorial.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4010.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4010, and the joint memorial passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, S. Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

HOUSE JOINT MEMORIAL NO. 4010, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1900, by Representatives Ortiz-Self, Johnson, Orwall, Muri, Lytton, Tarleton, Pollet and Bergquist

Defining the role of the school counselor, social worker, and psychologist. Revised for 2nd Substitute: Concerning school counselors, social workers, and psychologists.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1900 was substituted for House Bill No. 1900 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1900 was read the second time.

Representative Short moved the adoption of amendment (734):

0) On page 3, line 19, after "resources." insert "All of these professionals work with students and families to determine what toilet, restroom and locker room facilities are to be used as provided in RCW 28A.640.020.”

On page 6, after line 16, insert the following:

"Sec. 6. RCW 28A.640.020 and 1994 c 213 s 1 are each amended to read as follows:

(1) The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.

(a) Specifically with respect to public school employment, all schools shall be required to:

(i) Maintain credential requirements for all personnel without regard to sex;

(ii) Make no differentiation in pay scale on the basis of sex;

(iii) Assign school duties without regard to sex except where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed;

(iv) Provide the same opportunities for advancement to males and females; and

(v) Make no difference in conditions of employment including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of, or pay for, instructional and noninstructional duties, on the basis of sex.

(b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex.

(c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex.

The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/female participation in specific sports.

(d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes.

(e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audiovisual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.

(2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request.

(b) By June 30, 1995, every school district shall adopt and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.

(c) School district policies on sexual harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030.

(d) The school district's sexual harassment policy shall be conspicuously posted throughout each school building, and provided to each employee. A copy of the policy shall appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of conduct for the school or school district.

(e) Each school shall develop a process for discussing the district's sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.

(f) "Sexual harassment" as used in this section means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature if:

(i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;

(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or

(iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

(3) Schools must provide toilets and restroom facilities for each sex with no disparities based on sex. Each school must provide facilities to be used separately by each sex. Schools may provide a gender-neutral single occupant bathroom to accommodate a student's privacy concerns.

(4) "Sex" as used in this section means biological sex or sex assigned at birth.

(5) The provisions of chapter 49.60 RCW and any rules or guidelines adopted by the superintendent of public instruction pursuant to the provisions of chapter 49.60 RCW do not apply to subsections (1)(c) and (3) of this section."

Renumber the remaining section consecutively and correct any internal reference accordingly.

Correct the title.

POINT OF ORDER

Representative Tarleton requested a scope and object ruling on amendment (734) to Second Substitute House Bill No. 1900.

SPEAKER’S RULING

Mr. Speaker (Representative Moeller presiding): “The title of Second Substitute House Bill No. 1900 is an act relating to ‘defining the role of the school counselor, social worker, and psychologist.’ The bill defines these professions and their role in the K-12 system.

The amendment relates to rules adopted by the Human Rights Commission about the use of restrooms, a topic wholly unrelated to the bill before us.

The Speaker therefore finds and rules that the amendment is beyond the scope and object of the bill. The point of order is well taken.”

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 Johnson 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 Second Substitute House Bill No. 1900.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1900, and the bill passed the House by the following vote Yeas, 64; Nays, 33; Absent, 0; Excused, 0.

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

Voting nay: Representatives Buys, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Klippert, Kretz, Kristiansen, MacEwen, Manweller, McCaslin, Nealey, Rodne, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick, Wilcox, Wilson and Young.

SECOND SUBSTITUTE HOUSE BILL NO. 1900, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2825, by Representatives Frame, Zeiger, Walkinshaw, Stambaugh, Fitzgibbon, Haler, Tarleton, Pollet, Reykdal, McBride, Kagi, Kilduff, Morris, Ryu and Stanford

Concerning student services for students with disabilities.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2825 was substituted for House Bill No. 2825 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2825 was read the second time.

With the consent of the house, amendment (729) was withdrawn.

Representative Frame moved the adoption of amendment (736):

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

"NEW SECTION. Sec. 1. It is the intent of the legislature to retain individualized provisions of core services and accommodations at different institutions of higher education for students with disabilities while providing services to disabled students faster and more efficiently. The elimination of redundancy and streamlining of data gathering and sharing among institutions of higher education will ensure that students receive the services they need with minimal burden to the student.

NEW SECTION. Sec. 2. (1) The council of presidents shall convene a work group to develop a plan for removing obstacles for students with disabilities. The work group shall include:

(a) Representatives from the state board for community and technical colleges; the state college, regional universities, and state universities, each as defined in RCW 28B.10.016; the student achievement council; and statewide student associations; and

(b) At least two students with disabilities selected by statewide student associations.

(2) The plan shall focus on removing obstacles for students with disabilities transferring between institutions of higher education, including but not limited to: Standardizing medical documentation requirements, standardizing intake and review procedures, and developing best practices for institutions to provide outreach to and help prepare students for transmitting accommodations information and documentation to their next institution of higher education.

(3) The council of presidents shall provide the plan developed in subsection (2) of this section to the higher education committees of the legislature no later than December 31, 2016.

(4) This section expires August 1, 2017."

Correct the title.

Representatives Frame and Zeiger spoke in favor of the adoption of the amendment.

Amendment (736) 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 Frame and Zeiger 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. 2825.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2825, and the bill passed the House by the following vote: Yeas, 94; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Hudgins, S. Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, Holy and Taylor.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2825, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2682, by Representatives S. Hunt, Kilduff, Appleton, Orwall, Bergquist, Reykdal, Stanford, Pettigrew, Gregerson, Ormsby, Hickel, Frame and Pollet

Providing automatic voter registration at qualified voter registration agencies.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2682 was substituted for House Bill No. 2682 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2682 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 Hunt and Bergquist spoke in favor of the passage of the bill.

Representative Holy 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. 2682.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2682, and the bill passed the House by the following vote: Yeas, 55; Nays, 42; Absent, 0; Excused, 0.

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

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Holy, Johnson, Klippert, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stambaugh, Taylor, Van Werven, Vick, Wilcox, Wilson and Young.

SUBSTITUTE HOUSE BILL NO. 2682, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1713, by House Committee on Judiciary (originally sponsored by Representatives Cody, Harris, Jinkins, Moeller, Tharinger, Appleton, Ortiz-Self and Pollet)

Integrating the treatment systems for mental health and chemical dependency.

The bill was read the second time.

There being no objection, Third Substitute House Bill No. 1713 was substituted for Engrossed Substitute House Bill No. 1713 and the third substitute bill was placed on the second reading calendar.

THIRD SUBSTITUTE HOUSE BILL NO. 1713 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 Cody spoke in favor of the passage of the bill.

Representative McCaslin spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Third Substitute House Bill No. 1713.

ROLL CALL

The Clerk called the roll on the final passage of Third Substitute House Bill No. 1713, and the bill passed the House by the following vote: Yeas, 82; Nays, 15; Absent, 0; Excused, 0.

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

Voting nay: Representatives Buys, Chandler, Condotta, Dent, Hargrove, Holy, MacEwen, Manweller, McCaslin, Scott, Shea, Smith, Taylor, Van Werven and Young.

THIRD SUBSTITUTE HOUSE BILL NO. 1713, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2287, by Representatives McCabe, Appleton, Johnson, Wylie, Dye, Walsh, Dent, Wilson, Kagi, Caldier, Haler, Kochmar and Senn

Concerning notice to first responders that a person with a disability may be present at the scene of an emergency. Revised for 1st Substitute: Providing notice to first responders that a person with a disability may be present at the scene of an emergency.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2287 was substituted for House Bill No. 2287 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2287 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 McCabe and Jinkins 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. 2287.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2287, and the bill passed the House by the following vote: Yeas, 96; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Shea, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representative Taylor.

SUBSTITUTE HOUSE BILL NO. 2287, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2396, by Representatives McBride, Caldier, Senn, Goodman, Kagi, Sawyer, Tharinger, Tarleton, Stanford, Farrell, Moscoso and Ormsby

Concerning access to nonemergency, outpatient, primary health care services for unaccompanied homeless youth under the federal McKinney-Vento homeless assistance act.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2396 was substituted for House Bill No. 2396 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2396 was read the second time.

With the consent of the house, amendment (635) 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 McBride, Caldier and Klippert spoke in favor of the passage of the bill.

COLLOQUY

Representative Klippert: “Will the good lady from the 48^th district yield to a question?

Representative McBride: “I will yield.”

Representative Klippert: “For the benefit of the members, I would summarize this measure as allowing certain school nurses, counselors, and homeless liaisons to provide consent for certain homeless and unaccompanied youth to receive certain outpatient care services. My understanding is that none of the services for which these professionals may give consent relate to abortion, is that correct?”

Representative McBride: “Thank you for your question. Yes, the good gentleman from the 8^th district is correct: none of the services for which consent may be given in this bill relate in any way to abortion. The services allowed are specifically enumerated in the bill to include things we would likely consider routine heath checkup and maintenance, such as physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations, and immunizations.”

Representative Klippert: “Thank you.”

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2396.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2396, and the bill passed the House by the following vote: Yeas, 90; Nays, 7; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, Dye, McCaslin, Schmick, Scott, Shea and Taylor.

SUBSTITUTE HOUSE BILL NO. 2396, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2906, by Representatives Stambaugh, Kagi, Magendanz, Tharinger, Ortiz-Self, Frame, Goodman and Ormsby

Strengthening opportunities for the rehabilitation and reintegration of juvenile offenders.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2906 was substituted for House Bill No. 2906 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2906 was read the second time.

With the consent of the house, amendment (630) was withdrawn.

Representative Sawyer moved the adoption of amendment (663):

Strike everything after the enacting clause and insert the following:

"Sec. 3. RCW 13.40.010 and 2004 c 120 s 1 are each amended to read as follows:

(1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.

(2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders and their victims, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:

(a) Protect the citizenry from criminal behavior;

(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;

(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;

(e) Provide due process for juveniles alleged to have committed an offense;

(f) Provide for the rehabilitation and reintegration of juvenile offenders;

(g) Provide necessary treatment, supervision, and custody for juvenile offenders;

((~~(g)~~)) (h) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;

((~~(h)~~)) (i) Provide for restitution to victims of crime;

((~~(i)~~)) (j) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels;

((~~(j)~~)) (k) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services;

((~~(k)~~)) (l) Provide opportunities for victim participation in juvenile justice process, including court hearings on juvenile offender matters, and ensure that Article I, section 35 of the Washington state Constitution, the victim bill of rights, is fully observed; and

((~~(l)~~)) (m) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.

Sec. 4. RCW 13.40.127 and 2015 c 265 s 26 are each amended to read as follows:

(1) A juvenile is eligible for deferred disposition unless he or she:

(a) Is charged with a sex or violent offense;

(b) Has a criminal history which includes any felony;

(d) Has two or more adjudications.

(2) The juvenile court ((~~may~~)) shall, except as provided by subsection (3) of this section, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. ((~~The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition.~~)) The court may waive the fourteen-day period anytime before the commencement of trial for good cause.

(3) If a juvenile offender is charged with animal cruelty in the first degree, the juvenile court may deny granting a deferred disposition to the juvenile, even if the juvenile otherwise may qualify for a deferred disposition. The judge shall consider whether the community will benefit from granting a deferred disposition to the juvenile offender.

(4) Any juvenile who agrees to a deferral of disposition shall:

(a) Stipulate to the admissibility of the facts contained in the written police report;

(b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision;

(d) Acknowledge the direct consequences of being found guilty and the direct consequences that will happen if an order of disposition is entered.

The adjudicatory hearing shall be limited to a reading of the court's record.

((~~(4)~~)) (5) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.

((~~(5)~~)) (6) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.

The court may require a juvenile offender convicted of animal cruelty in the first degree to submit to a mental health evaluation to determine if the offender would benefit from treatment and such intervention would promote the safety of the community. After consideration of the results of the evaluation, as a condition of community supervision, the court may order the offender to attend treatment to address issues pertinent to the offense.

The court may require the juvenile to undergo a mental health or substance abuse assessment, or both. If the assessment identifies a need for treatment, conditions of supervision may include treatment for the assessed need that has been demonstrated to improve behavioral health and reduce recidivism.

The court shall require a juvenile granted a deferral of disposition for unlawful possession of a firearm in violation of RCW 9.41.040 to participate in a qualifying program as described in RCW 13.40.193(2)(b), when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate.

((~~(6)~~)) (7) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.

((~~(7)~~)) (8)(a) Anytime prior to the conclusion of the period of supervision, the prosecutor or the juvenile's juvenile court community supervision counselor may file a motion with the court requesting the court revoke the deferred disposition based on the juvenile's lack of compliance or treat the juvenile's lack of compliance as a violation pursuant to RCW 13.40.200.

(b) If the court finds the juvenile failed to comply with the terms of the deferred disposition, the court may:

(i) Revoke the deferred disposition and enter an order of disposition; or

(ii) Impose sanctions for the violation pursuant to RCW 13.40.200.

((~~(8)~~)) (9) At any time following deferral of disposition the court may, following a hearing, continue supervision for an additional one-year period for good cause.

((~~(9)~~)) (10)(a) At the conclusion of the period of supervision, the court shall determine whether the juvenile is entitled to dismissal of the deferred disposition only when the court finds:

(i) The deferred disposition has not been previously revoked;

(ii) The juvenile has completed the terms of supervision;

(iii) There are no pending motions concerning lack of compliance pursuant to subsection ((~~(7)~~)) (8) of this section; and

(iv) The juvenile has either paid the full amount of restitution, or, made a good faith effort to pay the full amount of restitution during the period of supervision.

(b) If the court finds the juvenile is entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the juvenile's conviction shall be vacated and the court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated. Whenever a case is dismissed with restitution still owing, the court shall enter a restitution order pursuant to RCW 7.80.130 for any unpaid restitution. Jurisdiction to enforce payment and modify terms of the restitution order shall be the same as those set forth in RCW 7.80.130.

(c) If the court finds the juvenile is not entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the court shall revoke the deferred disposition and enter an order of disposition. A deferred disposition shall remain a conviction unless the case is dismissed and the conviction is vacated pursuant to (b) of this subsection or sealed pursuant to RCW 13.50.260.

((~~(10)~~)) (11)(a)(i) Any time the court vacates a conviction pursuant to subsection ((~~(9)~~)) (10) of this section, if the juvenile is eighteen years of age or older and the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW has been paid, the court shall enter a written order sealing the case.

(ii) Any time the court vacates a conviction pursuant to subsection ((~~(9)~~)) (10) of this section, if the juvenile is not eighteen years of age or older and full restitution ordered has been paid, the court shall schedule an administrative sealing hearing to take place no later than thirty days after the respondent's eighteenth birthday, at which time the court shall enter a written order sealing the case. The respondent's presence at the administrative sealing hearing is not required.

(iii) Any deferred disposition vacated prior to June 7, 2012, is not subject to sealing under this subsection.

(b) Nothing in this subsection shall preclude a juvenile from petitioning the court to have the records of his or her deferred dispositions sealed under RCW 13.50.260.

Sec. 5. RCW 13.40.308 and 2009 c 454 s 4 are each amended to read as follows:

(1) If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:

(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision, forty‑five hours of community restitution, ((~~a two hundred dollar fine,~~)) and a requirement that the juvenile remain at home such that the juvenile is confined to a private residence for no less than five days. The juvenile may be subject to electronic monitoring where available. If the juvenile is enrolled in school, the confinement shall be served on nonschool days;

(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes six months of community supervision, no less than ten days of detention, and ninety hours of community restitution((~~, and a four hundred dollar fine~~)); and

(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration, four months of parole supervision, and ninety hours of community restitution((~~, and a four hundred dollar fine~~)).

(2) If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:

(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision((~~, forty-five hours of community restitution, a two hundred dollar fine,~~)) and either ninety hours of community restitution or a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than five days. The juvenile may be subject to electronic monitoring where available, or a combination thereof that includes a minimum of three days home confinement and a minimum of forty hours of community restitution;

(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than six months of community supervision, no less than ten days of detention, and ninety hours of community restitution((~~, and a four hundred dollar fine~~)); and

(3) If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:

(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes three months of community supervision, fifteen hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than one day. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available;

(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than one day of detention, three months of community supervision, thirty hours of community restitution, ((~~a one hundred fifty dollar fine,~~)) and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than two days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available; and

(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than three days of detention, six months of community supervision, forty‑five hours of community restitution, ((~~a one hundred fifty dollar fine,~~)) and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than seven days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available.

Sec. 6. RCW 10.99.030 and 1996 c 248 s 6 are each amended to read as follows:

(1) All training relating to the handling of domestic violence complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

(2) The criminal justice training commission shall implement by January 1, 1997, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law enforcement curriculum of the criminal justice training commission shall include at least twenty hours of basic training instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training shall be developed by the commission and focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum shall include training on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding to incidents that minimize the likelihood of officer injury and that promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any additional provisions that are necessary to carry out the intention of this subsection.

(3) The criminal justice training commission shall develop and update annually an in-service training program to familiarize law enforcement officers with the domestic violence laws. The program shall include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all parties. The commission shall make the training program available to all law enforcement agencies in the state.

(4) Development of the training in subsections (2) and (3) of this section shall be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the statewide organization providing training and education to these organizations and to the general public.

(5) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.

(6)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

(b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.

(7) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district, or superior court.

Information about shelters and alternatives to domestic violence is available from a statewide twenty-four-hour toll-free hot line at (include appropriate phone number). The battered women's shelter and other resources in your area are . . . . . (include local information)"

(8) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

(9) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation. Upon receiving the offense report, the prosecuting agency may, in its discretion, choose not to file the information as a domestic violence offense, if the offense was committed against a sibling, parent, stepparent, or grandparent.

(10) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.

(11) Records kept pursuant to subsections (6) and (10) of this section shall be made identifiable by means of a departmental code for domestic violence.

(12) Commencing January 1, 1994, records of incidents of domestic violence shall be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training commission shall amend its contract for collection of statewide crime data with the Washington association of sheriffs and police chiefs:

(a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other dangerous weapon, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other dangerous weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; (viii) arson; and (ix) violations of the provisions of a protection order or no-contact order restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, provided that specific appropriations are subsequently made for the collection and compilation of data regarding violations of protection orders or no-contact orders;

(b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident based reporting system and the information is prepared and contained in the annual report of crime in Washington; and

(c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.

Sec. 7. RCW 13.40.265 and 2003 c 53 s 101 are each amended to read as follows:

(1)((~~(a)~~)) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(2)(a)((~~(iii)~~)) (iv) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense while armed with a firearm, first unlawful possession of a firearm offense, or first offense in violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW.

((~~(b)~~)) (2) Except as otherwise provided in ((~~(c) of this~~)) subsection (3) of this section, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

(((c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later.)) (3) If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

(((2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

~~(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.~~))

Sec. 8. RCW 9.41.040 and 2014 c 111 s 1 are each amended to read as follows:

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.

(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.

(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

(i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

(ii) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that:

(A) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

(B) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)(I) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; and

(II) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury;

(iii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;

(iv) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or

(v) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.

(b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.

(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact-finding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

(4)(a) Notwithstanding subsection (1) or (2) of this section, a person convicted or found not guilty by reason of insanity of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction or finding of not guilty by reason of insanity. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) or (2) of this section and has not previously been convicted or found not guilty by reason of insanity of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

(i) Under RCW 9.41.047; and/or

(ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525; or

(B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence.

(b) An individual may petition a court of record to have his or her right to possess a firearm restored under (a) of this subsection (4) only at:

(i) The court of record that ordered the petitioner's prohibition on possession of a firearm; or

(ii) The superior court in the county in which the petitioner resides.

(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265, unless the offense is the juvenile's first offense in violation of this section and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 66.44, 69.52, 69.41, or 69.50 RCW.

(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.

(7) Each firearm unlawfully possessed under this section shall be a separate offense.

(8) For purposes of this section, "intimate partner" includes: A spouse, a domestic partner, a former spouse, a former domestic partner, a person with whom the restrained person has a child in common, or a person with whom the restrained person has cohabitated or is cohabitating as part of a dating relationship.

Sec. 9. RCW 46.20.265 and 2005 c 288 s 2 are each amended to read as follows:

(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265.

(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

(c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively up to the juvenile's twenty-first birthday, and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law. Periods of revocation imposed consecutively under this section shall not extend beyond the juvenile's twenty-first birthday.

(3)(a) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section if the minimum term of revocation as specified in RCW 13.40.265((~~(1)(c)~~)) (3), 66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or similar ordinance has expired, and subject to subsection (2)(c) of this section.

(b) The juvenile may seek reinstatement of his or her driving privileges from the department when the juvenile reaches the age of twenty-one. A notice from the court reinstating the juvenile's driving privilege shall not be required if reinstatement is pursuant to this subsection.

(((4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection, subject to subsection (2)(c) of this section.

(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.))

Sec. 10. RCW 66.44.365 and 1989 c 271 s 118 are each amended to read as follows:

(1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense in violation of this chapter and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 69.41, 69.50, or 69.52 RCW.

(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may notify the department of licensing that the juvenile's privilege to drive should be reinstated.

(3) If the conviction is for the juvenile's first violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

Sec. 11. RCW 69.41.065 and 1989 c 271 s 119 are each amended to read as follows:

(1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense in violation of this chapter and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 66.44, 69.50, or 69.52 RCW.

(3) If the conviction is for the juvenile's first violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

Sec. 12. RCW 69.50.420 and 1989 c 271 s 120 are each amended to read as follows:

(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.

(3) If the conviction is for the juvenile's first violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

Sec. 13. RCW 69.52.070 and 1989 c 271 s 121 are each amended to read as follows:

(3) If the conviction is for the juvenile's first violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered."

Correct the title.

Representative Goodman moved the adoption of amendment (688) to amendment (663):

On page 2, after line 14 of the amendment, insert the following:

"Sec. 2. RCW 13.40.020 and 2014 c 110 s 1 are each amended to read as follows:

For the purposes of this chapter:

(1) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disorders, and recommendations for treatment. "Assessment" includes, but is not limited to, drug and alcohol evaluations, psychological and psychiatric evaluations, records review, clinical interview, and administration of a formal test or instrument;

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

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

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

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

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

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

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

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

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

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

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

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

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

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

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

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

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

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

(15) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted of a lesser charge or acquitted of the charge for which he or she was previously transferred pursuant to RCW 13.40.110 or who is not otherwise under adult court jurisdiction;

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

(17) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;

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

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

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

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

(22) "Physical restraint" means the use of any bodily force or physical intervention to control a juvenile offender or limit a juvenile offender's freedom of movement in a way that does not involve a mechanical restraint. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:

(a) Prevent a juvenile offender from completing an act that would result in potential bodily harm to self or others or damage property;

(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or

(23) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the youth leaves the hospital, birthing center, or clinic;

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

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

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

(27) "Restorative justice" means practices, policies, and programs informed by and sensitive to the needs of crime victims that are designed to encourage offenders to accept responsibility for repairing the harm caused by their offense by providing safe and supportive opportunities for voluntary participation and communication between the victim, the offender, their families, and relevant community members;

(28) "Restraints" means anything used to control the movement of a person's body or limbs and includes:

(a) Physical restraint; or

(b) Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons;

(29) "Screening" means a process that is designed to identify a child who is at risk of having mental health, substance abuse, or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention, or more comprehensive assessment. A screening may be undertaken with or without the administration of a formal instrument;

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

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

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

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

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

(35) "Transportation" means the conveying, by any means, of an incarcerated pregnant youth from the institution or detention facility to another location from the moment she leaves the institution or detention facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated youth from the institution or detention facility to a transport vehicle and from the vehicle to the other location;

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

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

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

Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.

Representatives Goodman and Stambaugh spoke in favor of the adoption of the amendment to the amendment.

Amendment (688) to amendment (663) was adopted.

Representative Klippert moved the adoption of amendment (720) to amendment (663):

0) On page 6, line 5 of the striking amendment, after "available." insert "The court may impose a fine up to two hundred dollars for juveniles who meet the criteria in this subsection."

On page 6, line 11 of the striking amendment, after "~~dollar~~" strike "~~fine~~));" and insert "~~fine;~~)). The court may impose a fine up to four hundred dollars for juveniles who meet the criteria in this subsection;"

On page 6, line 16 of the striking amendment, after "~~fine~~))." insert "The court may impose a fine up to four hundred dollars for juveniles who meet the criteria in this subsection."

On page 6, line 28 of the striking amendment, after "days." insert "The court may impose a fine up to two hundred dollars for juveniles who meet the criteria in this subsection."

On page 6, line 36 of the striking amendment, after "~~dollar~~" strike "~~fine~~));" and insert "~~fine;~~)). The court may impose a fine up to four hundred dollars for juveniles who meet the criteria in this subsection;"

On page 7, line 2 of the striking amendment, after "~~fine~~))." insert "The court may impose a fine up to four hundred dollars for juveniles who meet the criteria in this subsection."

On page 7, line 22 of the striking amendment, after "days." insert "The court may impose a fine up to one hundred and fifty dollars for juveniles who meet the criteria in this subsection."

On page 7, line 31 of the striking amendment, after "days." insert "The court may impose a fine up to one hundred and fifty dollars for juveniles who meet the criteria in this subsection."

Representative Klippert spoke in favor of the adoption of the amendment to the amendment.

Representative Senn spoke against the adoption of the amendment to the amendment.

Division was demanded and the demand was sustained. The Speaker (Representative Orwall presiding) divided the House. The result was 48 - YEAS; 49 - NAYS.

Amendment (720) to amendment (663) was not adopted.

Representative Stambaugh moved the adoption of amendment (699) to amendment (663):

0) On page 10, line 7 of the striking amendment, after "committed" insert "by a juvenile"

Representatives Stambaugh and Senn spoke in favor of the adoption of the amendment.

Amendment (699) to amendment (663) was adopted.

Representative Hayes moved the adoption of amendment (719) to amendment (663):

0) On page 10, beginning on line 8 of the striking amendment, after "grandparent." insert "In determining whether to file the information as a domestic violence offense, the prosecuting agency may take into consideration whether the victim of the offense requests that the information not be filed as a domestic violence offense or does not object to an information not being filed as a domestic violence offense."

Representatives Hayes and Senn spoke in favor of the adoption of the amendment to the amendment.

Amendment (719) to amendment (663) was adopted.

Representatives Sawyer and Stambaugh spoke in favor of the adoption of the amendment as amended.

Amendment (663), 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 Stambaugh and Kagi spoke in favor of the passage of the bill.

Representative Klippert spoke against the passage of the bill.

There being no objection, the House deferred action on. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2906, and the bill held its place on the third reading calendar.

HOUSE BILL NO. 2791, by Representatives Pettigrew, Goodman, Moscoso, Senn, Frame, Stanford, Santos and Walkinshaw

Creating the Washington statewide reentry council.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2791 was substituted for House Bill No. 2791 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2791 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 Pettigrew and Hayes 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 Second Substitute House Bill No. 2791.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2791, and the bill passed the House by the following vote: Yeas, 94; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives McCaslin, Shea and Taylor.

SECOND SUBSTITUTE HOUSE BILL NO. 2791, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2834, by Representatives Senn, Walsh, Kagi, Fey, Kilduff, Stanford and McBride

Concerning implementation of the homeless youth prevention and protection act of 2015.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2834 was substituted for House Bill No. 2834 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2834 was read the second time.

Representative Senn moved the adoption of amendment (665):

0) On page 9, line 3, after "Any" strike "person" and insert "unaccompanied youth"

On page 9, line 5, after "section." insert "As used in this subsection (2), "unaccompanied" has the definition in RCW 43.330.702."

Representatives Senn and Dent spoke in favor of the adoption of the amendment.

Amendment (665) 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.

Representative Senn 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. 2834.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2834, and the bill passed the House by the following vote: Yeas, 77; Nays, 20; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Clibborn, Cody, DeBolt, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Hansen, Harmsworth, Harris, Hickel, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kuderer, Lytton, MacEwen, Magendanz, Manweller, McBride, McCabe, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rodne, Rossetti, Ryu, Santos, Sawyer, Scott, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Chandler, Condotta, Dye, Haler, Hargrove, Hawkins, Hayes, Holy, Klippert, Kretz, Kristiansen, McCaslin, Orcutt, Pike, Schmick, Shea, Short, Smith, Taylor and Young.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2834, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2647, by Representatives Jinkins, Ryu, Fey, Santos and Frame

Disposing tax foreclosed property to cities for affordable housing purposes.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2647 was substituted for House Bill No. 2647 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2647 was read the second time.

Representative Jinkins moved the adoption of amendment (730):

0) On page 1, line 19 after "(2)" strike "The" and insert "Except when a public agency purchases the tax-foreclosed property for public purposes, the"

On page 2, line 4 after "84.64.080" strike ", under the following conditions" insert ". If the city chooses to purchase the property, the following conditions apply"

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

Amendment (730) 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.

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

Representative Wilson 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. 2647.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2647, and the bill passed the House by the following vote: Yeas, 56; Nays, 41; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kochmar, Kuderer, Lytton, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie, Zeiger and Mr. Speaker.

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

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647, having received the necessary constitutional majority, was declared passed.

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

THIRD READING

There being no objection, the rules were suspended, and ENGROSSED SUBSTITUTE HOUSE BILL NO. 1094 was returned to second reading for the purpose of amendment.

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

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1094, by House Committee on Technology & Economic Development (originally sponsored by Representative Morris)

Concerning biometric identifiers.

The bill was read the second time.

Representative Harmsworth moved the adoption of amendment (741):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that citizens of Washington are increasingly asked to disclose sensitive biological information that uniquely identifies them for commerce, security, and convenience. The commercial collection and marketing of biometric information about individuals, without consent or knowledge of the individual whose data is collected, is of increasing concern. The legislature intends to require a business to provide notice and obtain consent from an individual before enrolling an individual's biometric identifiers in a database for commercial purposes.

NEW SECTION. Sec. 2. (1) A person may not enroll a biometric identifier of an individual in a database for a commercial purpose without providing clear and conspicuous notice and obtaining the individual's affirmative consent.

(2) Clear and conspicuous notice is notice that is given through a procedure reasonably designed to be prominent, timely, relevant, and easily accessible. It should address the type of biometric identifier that the person is capturing, the commercial purposes for which the biometric identifier is being enrolled, and the circumstances in which the biometric identifier may be disclosed to third parties. The exact notice required to achieve this standard is context-dependent.

(3) A person who has enrolled an individual's biometric identifier may not sell, lease, or otherwise disclose the biometric identifier to another person for a commercial purpose unless the disclosure:

(a) Is consistent with the notice and consent described in subsections (1) and (2) of this section;

(b) Is necessary to provide a product or service requested by the individual;

(c) Is necessary to effect, administer, enforce, or complete a financial transaction that the individual requested, initiated, or authorized, and the third party to whom the biometric data is disclosed maintains confidentiality of the biometric data and does not further disclose the biometric data except as otherwise permitted under this subsection (3);

(d) Is required or expressly authorized by a federal or state statute, administrative code, or court order;

(e) Is made in good faith in response to a request from a law enforcement officer that has represented to the person that such disclosure is necessary to facilitate law enforcement's response to an ongoing incident in which there is an imminent threat of danger or harm to an individual;

(f) Is made to a third party who contractually promises that the biometric identifier will not be further disclosed and will not be enrolled in a database for a commercial purpose inconsistent with the notice provided to the individual under subsections (1) and (2) of this section; or

(g) Is made to prepare for litigation or to respond to or participate in judicial process.

(4) A person who possesses a biometric identifier of an individual that has been enrolled for a commercial purpose:

(a) Must take reasonable care to guard against unauthorized access to biometric identifiers that is in the possession or under the control of the person; and

(b) May retain the biometric identifier no longer than is reasonably necessary to:

(i) Comply with a court order, statute, or administrative rule;

(ii) Protect against or prevent actual or potential fraud, criminal activity, claims, security threats, or liability; or

(iii) Effectuate the purposes for which an individual has provided consent to the capture, enrollment, and disclosure of the biometric information.

(5) A person who enrolls a biometric identifier of an individual pursuant to this section may not use or disclose it in a manner that is materially inconsistent with the terms under which the biometric identifier was originally provided without obtaining consent.

(6) The limitations on disclosure and retention of biometric identifiers provided in this section do not apply to disclosure or retention of biometric identifiers that have been anonymized so as to prevent the possibility of ascertaining the identity of a unique individual.

NEW SECTION. Sec. 3. For purposes of this chapter, the following definitions apply unless the context clearly requires otherwise:

(1) "Biometric sample" means a measurable physical characteristic or personal behavioral trait obtained from a biometric sensor device that can be used for identification of the individual.

(2) "Biometric identifier" means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voice print, eye retinas or irises, or other unique biological characteristic, which are used by the person or licensee to uniquely authenticate an individual's identity when the individual accesses a system or account.

(3) "Biometric system" means an automated system capable of capturing a biometric sample from an individual, extracting and processing biometric data from that sample, storing the extracted information in a database, comparing the biometric data with data contained in one or more references, determining whether the biometric data matches the reference, and indicating whether or not an identification has been achieved.

(4) "Capture" means the process of using a sensor to collect a biometric sample and related contextual data from a scene or an individual, or both, with or without the individual's knowledge.

(5) "Commercial purpose" means a purpose in furtherance of the sale or disclosure of biometric data for the purpose of marketing of goods or services when such goods or services are unrelated to the initial commercial transaction in which a person first gains possession of an individual's biometric identifier. "Commercial purpose" does not include a security purpose.

(6) "Enroll" means to collect a biometric sample of an individual, convert it into a reference template, and store it in the biometric system's database for later comparison. Biometric samples converted in a reference template format cannot be reconstructed into the original output image.

(7) "Federal peace officer" has the meaning in RCW 10.93.020.

(8) "Identification" is the task by which a biometric system searches a database for a reference matching a biometric sample and, if found, returns a corresponding identity.

(9) "Law enforcement officer" means a law enforcement officer as defined in RCW 9.41.040 or a federal peace officer.

(10) "Person" has the meaning in RCW 19.345.010.

(11) "Security purpose" means the purpose of preventing shoplifting, fraud, or any other misappropriation or theft of a thing of value, including tangible and intangible goods and services.

NEW SECTION. Sec. 4. 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. A material violation of this chapter is not reasonable in relation to the development and preservation of business, is an unfair or deceptive act in trade or commerce and an unfair method of competition, and may be enforced by the attorney general under the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 5. (1) Nothing in this act shall be construed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999 and the rules promulgated thereunder.

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

NEW SECTION. Sec. 6. Sections 2 through 5 constitute a new chapter in Title 19 RCW."

Correct the title.

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

Amendment (741) 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 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 Second Engrossed Substitute House Bill No. 1094.

ROLL CALL

The Clerk called the roll on the final passage of Second Engrossed Substitute House Bill No. 1094, and the bill passed the House by the following vote: Yeas, 87; Nays, 10; Absent, 0; Excused, 0.

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

Voting nay: Representatives DeBolt, Dye, Magendanz, Manweller, Muri, Sawyer, Schmick, Stokesbary, Vick and Wilcox.

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

HOUSE BILL NO. 2604, by Representatives Kuderer, Goodman, Johnson, Wilcox, Morris, Hudgins, MacEwen and Wilson

Concerning disclosure of financial, commercial, and proprietary information of employees of private employers. Revised for 1st Substitute: Concerning disclosure of financial, commercial, and proprietary information of employees of private cloud service providers.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2604 was substituted for House Bill No. 2604 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2604 was read the second time.

There being no objection, the House deferred action on. SUBSTITUTE HOUSE BILL NO. 2604, and the bill held its place on the second reading calendar.

HOUSE BILL NO. 2875, by Representatives Smith, Morris and Magendanz

Establishing the office of data privacy, protection, and access equity. Revised for 1st Substitute: Establishing the office of privacy and data protection.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2875 was substituted for House Bill No. 2875 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2875 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 Morris 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. 2875.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2875, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 2875, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2384, by Representatives Buys, Wylie, Orwall and Rodne

Clarifying the meaning of mobile telecommunications service provider.

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 Buys and Morris 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. 2384.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2384, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 2384, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2584, by Representatives Vick, Van De Wege, Blake, Harris and Tarleton

Concerning public disclosure of information submitted to the liquor and cannabis board regarding marijuana product traceability and operations.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2584 was substituted for House Bill No. 2584 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2584 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 Hurst 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. 2584.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2584, and the bill passed the House by the following vote: Yeas, 89; Nays, 8; Absent, 0; Excused, 0.

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

Voting nay: Representatives DeBolt, Dent, Dye, Haler, Johnson, Klippert, McCabe and Wilcox.

SUBSTITUTE HOUSE BILL NO. 2584, having received the necessary constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

February 15, 2016

MR. SPEAKER:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5597,

SENATE BILL NO. 6200,

SENATE BILL NO. 6205,

SUBSTITUTE SENATE BILL NO. 6283,

SUBSTITUTE SENATE BILL NO. 6301,

SENATE BILL NO. 6325,

SUBSTITUTE SENATE BILL NO. 6329,

SUBSTITUTE SENATE BILL NO. 6338,

SENATE BILL NO. 6350,

SUBSTITUTE SENATE BILL NO. 6358,

SECOND SUBSTITUTE SENATE BILL NO. 6408,

SUBSTITUTE SENATE BILL NO. 6411,

SUBSTITUTE SENATE BILL NO. 6421,

SENATE BILL NO. 6538,

SENATE JOINT RESOLUTION NO. 8210,

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

SECOND READING

HOUSE BILL NO. 2765, by Representatives Kretz, Moscoso, Griffey, Hayes and Holy

Clarifying the limited authority of park rangers.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2765 was substituted for House Bill No. 2765 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2765 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 Kretz 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 Substitute House Bill No. 2765.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2765, and the bill passed the House by the following vote: Yeas, 89; Nays, 8; Absent, 0; Excused, 0.

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

Voting nay: Representatives Johnson, McCabe, McCaslin, Orcutt, Scott, Shea, Taylor and Young.

SUBSTITUTE HOUSE BILL NO. 2765, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2644, by Representatives Blake, Muri, Van De Wege, Jinkins, Kretz, Short, Fitzgibbon, Rossetti and McBride

Concerning animal forfeiture in animal cruelty cases.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2644 was substituted for House Bill No. 2644 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2644 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 Blake and Rodne 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. 2644.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2644, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 2644, having received the necessary constitutional majority, was declared passed.

The House resumed consideration of. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2604 on second reading.

With the consent of the house, amendment (697) was withdrawn.

Representative Shea moved the adoption of amendment (746):

0) On page 3, line 1, after "(d)" insert "court case numbers associated with specific court case files contained in"

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

Amendment (746) 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 Kuderer, Holy, Hunt and Magendanz 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. 2604.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2604, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2604, having received the necessary constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

Representative McBride congratulated Representative Kuderer on the passage of her first bill through the House, and asked the Chamber to acknowledge her accomplishment.

SECOND READING

HOUSE BILL NO. 2806, by Representatives Kuderer, Gregerson, Stambaugh, Griffey, Hayes, Ormsby, Van De Wege, Sawyer, Moeller, Zeiger, Riccelli, Stokesbary, Tarleton, Fitzgibbon, Reykdal, Morris, Pollet, Goodman and Bergquist

Addressing the presumption of occupational diseases for purposes of industrial insurance.

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 Kuderer and Kuderer (again) spoke in favor of the passage of the bill.

Representative Manweller 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. 2806.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2806, and the bill passed the House by the following vote: Yeas, 62; Nays, 35; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Harmsworth, Hickel, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kilduff, Kirby, Kochmar, Kuderer, Lytton, MacEwen, McBride, Moeller, Morris, Moscoso, Muri, Orcutt, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Hargrove, Harris, Hawkins, Hayes, Holy, Johnson, Klippert, Kretz, Kristiansen, Magendanz, Manweller, McCabe, McCaslin, Nealey, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Taylor, Van Werven, Vick, Wilcox, Wilson and Young.

HOUSE BILL NO. 2806, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on House Bill No. 2806.

Representative Parker, 6th District

SECOND READING

HOUSE BILL NO. 2545, by Representatives Van De Wege, Taylor, DeBolt, Cody, Rodne, Kochmar, Stambaugh, Riccelli, Johnson, Jinkins, Kagi, Harris, Smith, Stokesbary, Caldier, Zeiger, Tharinger, Hickel, Fitzgibbon, Muri, Reykdal, Frame, Rossetti, S. Hunt, Hudgins, McBride, Ormsby, Appleton, Walkinshaw, Senn, Ryu, Gregerson, Sells, Harmsworth, Tarleton, Pollet, Bergquist, Stanford and Scott

Reducing public health threats that particularly impact highly exposed populations, including children and firefighters, by establishing a process for the department of health to restrict the use of toxic flame retardant chemicals in certain types of consumer products.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2545 was substituted for House Bill No. 2545 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2545 was read the second time.

Representative Van De Wege moved the adoption of amendment (696):

Strike everything after the enacting clause and insert the following:

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

(1) "Additive TBBPA" means the chemical tetrabromobisphenol A, chemical abstracts service number 79-94-7, as of the effective date of this section, in a form that has not undergone a reactive process and is not covalently bonded to a polymer in a product or product component.

(2) "Children's product" has the same meaning as defined in RCW 70.240.010.

(3) "Decabromodiphenyl ether" means the chemical decabromodiphenyl ether, chemical abstracts service number 1163-19-5, as of the effective date of this section.

(4) "HBCD" means the chemical hexabromocyclododecane, chemical abstracts service number 25637-99-4, as of the effective date of this section.

(5) "IPTPP" means the chemical isopropylated triphenyl phosphate, chemical abstracts service number 68937-41-7, as of the effective date of this section.

(6) "Manufacturer" has the same meaning as defined in RCW 70.240.010 and also includes a manufacturer of residential upholstered furniture.

(7) "Residential upholstered furniture" has the same meaning as defined in RCW 70.76.010.

(8) "TBB" means the chemical (2-ethylhexyl)-2,3,4,5-tetrabromobenzoate, chemical abstracts service number 183658-27-7, as of the effective date of this section.

(9) "TBPH" means the chemical bis (2-ethylhexyl)-2,3,4,5- tetrabromophthalate, chemical abstracts service number 26040-51-7, as of the effective date of this section.

(10) "TCEP" means the chemical (tris (2-chloroethyl) phosphate), chemical abstracts service number 115-96-8, as of the effective date of this section.

(11) "TCPP" means tris (1-20chloro-2-propyl) phosphate, the chemical abstracts service number 13674-84-5, as of the effective date of this section.

(12) "TDCPP" means the chemical (tris (1,3-dichloro-2-propyl) phosphate), chemical abstracts service number 13674-87-8, as of the effective date of this section.

(13) "TPP" means the chemical triphenyl phosphate, chemical abstracts service number 115-86-6, as of the effective date of this section.

(14) "V6" means the chemical bis(chloromethyl)propane-1,3-diyltetrakis (2-chloroethyl) bisphosphate, chemical abstracts service number 385051-10-4, as of the effective date of this section.

NEW SECTION. Sec. 2. Beginning July 1, 2017, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture containing any of the following flame retardants in amounts greater than one thousand parts per million in any product component:

(1) TDCPP;

(2) TCEP;

(3) Decabromodiphenyl ether;

(4) HBCD; or

(5) Additive TBBPA.

NEW SECTION. Sec. 3. (1) By rule, the secretary of the department of health may prohibit the manufacture, sale, distribution for sale, or distribution for use in this state of residential upholstered furniture or children's products containing any of the following chemicals used as a flame retardant in any product component in amounts greater than one thousand parts per million:

(a) IPTPP;

(b) TBB;

(d) TCPP;

(e) TPP; and

(f) V6.

(2) The department of health must create an external advisory committee for the rule development under subsection (1) of this section to provide early stakeholder input, expertise, and additional information. All advisory meetings must be open to the public. The advisory committee membership must include, but not be limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; groups representing firefighters; and public health agencies. State agencies and technical experts may be requested to participate.

(3) After January 1, 2016, a rule that restricts a flame retardant under subsection (1) of this section must be adopted prior to December 1st of any year and the restrictions under subsection (1) of this section do not take effect before the end of the regular legislative session in the next year.

(4) Before the secretary of the department of health may adopt a rule to restrict a flame retardant, the department of health must submit a report to the legislature no later than at the time of publication of the notice of a rule-making hearing required under RCW 34.05.320. The report to the legislature must contain:

(a) A determination by the department of health as to whether children or vulnerable populations are likely to be exposed to the chemical directly or indirectly from its use in products. The determination of the department of health must be made after an evaluation of available information on:

(i) Chemical name, properties, manufacturers, and production volumes;

(ii) Levels of the flame retardants in consumer products;

(iii) Migration of the flame retardants out of products during and after use; and

(iv) Levels of the flame retardants in humans and the environment, including but not limited to the home environment;

(b) A review of available toxicity data to evaluate the health concerns for children or vulnerable populations; and

(c) A determination of whether a safer alternative has been identified to meet applicable fire safety standards for residential furniture and children's products by evaluating existing chemical action plans and assessments of safer alternatives that have been completed for flame retardant chemicals.

(5) The department of health must identify the sources of information it relied upon in making the determination required in subsection (4) of this section, including peer-reviewed science.

(6) Violations of rules adopted pursuant to this chapter are subject to the penalties provided in RCW 70.240.050.

(7) The department of health may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

(8) This section expires July 1, 2022.

Sec. 4. RCW 70.240.050 and 2008 c 288 s 7 are each amended to read as follows:

(1) A manufacturer of products that are restricted under this chapter or chapter 70.--- RCW (the new chapter created in section 5 of this act) must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.

(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter or chapter 70.--- RCW (the new chapter created in section 5 of this act) shall recall the product and reimburse the retailer or any other purchaser for the product.

(3) A manufacturer of ((~~children's~~)) products in violation of this chapter or chapter 70.--- RCW (the new chapter created in section 5 of this act) is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.l05D.070.

(4) Retailers who unknowingly sell products that are restricted from sale under this chapter or chapter 70.--- RCW (the new chapter created in section 5 of this act) are not liable under this chapter.

(5) The sale or purchase of any previously owned products containing a chemical restricted under this chapter or chapter 70.--- RCW (the new chapter created in section 5 of this act) made in casual or isolated sales as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter and chapter 70.--- RCW (the new chapter created in section 5 of this act).

NEW SECTION. Sec. 5. Sections 1 through 3 of this act constitute a new chapter in Title 70 RCW."

Correct the title.

Representative Short moved the adoption of amendment (721) to amendment (696):

Beginning on page 1, after line 2 of the amendment, strike the remainder of the amendment and insert the following:

"NEW SECTION. Sec. 6. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(2) "Children's product" has the same meaning as defined in RCW 70.240.010.

(3) "Decabromodiphenyl ether" means the chemical decabromodiphenyl ether, chemical abstracts service number 1163-19-5, as of the effective date of this section.

(4) "HBCD" means the chemical hexabromocyclododecane, chemical abstracts service number 25637-99-4, as of the effective date of this section.

(5) "High priority chemical" has the same meaning as defined in RCW 70.240.010, but only includes chemicals that are: (a) Used as flame retardants; and (b) in any product component of a children's product or residential upholstered furniture, as defined in RCW 70.76.010.

(6) "Inaccessible electronic component" means:

(a) An inaccessible component part located inside an electronic product and not capable of being touched or mouthed, whether or not such part is visible to a user of the product; and

(b) An inaccessible component that may be enclosed in any type of material including, but not limited to, hard or soft plastic, rubber, or metal.

(7) "IPTPP" means the chemical isopropylated triphenyl phosphate, chemical abstracts service number 68937-41-7, as of the effective date of this section.

(8) "Manufacturer" has the same meaning as defined in RCW 70.240.010 and also includes a manufacturer of residential upholstered furniture, as defined in RCW 70.76.010.

(9) "TBB" means the chemical (2-ethylhexyl)-2,3,4,5-tetrabromobenzoate, chemical abstracts service number 183658-27-7, as of the effective date of this section.

(10) "TBPH" means the chemical bis (2-ethylhexyl)-2,3,4,5-tetrabromophthalate, chemical abstracts service number 26040-51-7, as of the effective date of this section.

(11) "TCEP" means the chemical (tris(2-chloroethyl)phosphate), chemical abstracts service number 115-96-8, as of the effective date of this section.

(12) "TCPP" means the chemical tris (1-chloro-2-propyl) phosphate, chemical abstracts service number 13674-84-5, as of the effective date of this section.

(13) "TDCPP" means the chemical (tris(1,3-dichloro-2- propyl)phosphate), chemical abstracts service number 13674-87-8, as of the effective date of this section.

(14) "TPP" means the chemical triphenyl phosphate, chemical abstracts service number 115-86-6, as of the effective date of this section.

NEW SECTION. Sec. 7. Beginning July 1, 2017, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture, as defined in RCW 70.76.010, containing any of the following flame retardants in amounts greater than one thousand parts per million in any product component, except an inaccessible electronic component:

(1) TDCPP;

(2) TCEP;

(3) Decabromodiphenyl ether;

(4) HBCD; or

(5) Additive TBBPA.

NEW SECTION. Sec. 8. (1) Consistent with the process and evaluative criteria adopted by the department of ecology by rule under chapter 70.240 RCW, the department of ecology must make a decision regarding whether a flame retardant listed in (a) through (e) of this subsection meets the criteria of a high priority chemical of high concern for children. If the department of ecology decides a flame retardant meets the criteria, the department of ecology must propose a rule to list a flame retardant under this subsection as a high priority chemical of high concern for children by December 1st of any year. If the department of ecology proposes a rule to add a flame retardant listed in this section to the list of high priority chemicals of high concern for children, the rule may not be adopted and take effect until after the conclusion of the regular legislative session in the following year. Under this subsection (1), the department of ecology must make a separate decision and propose a separate rule for each flame retardant chemical identified by a specific chemical abstracts service number.

(a) IPTPP;

(b) TBB;

(d) TCPP; and

(e) TPP.

(2) If the department of ecology, in consultation with the department of health, proposes a rule to add a flame retardant chemical to the list of high priority chemicals of high concern for children pursuant to subsection (1) of this section, the department of ecology must also submit a report to the legislature by December 1st of that year. The report to the legislature must contain:

(i) Chemical name, properties, manufacturers, and production volumes;

(ii) Levels of the flame retardants in consumer products;

(iii) Migration of the flame retardants out of products during and after use;

(iv) Levels of the flame retardants in humans and the environment, including but not limited to the home environment;

(v) Quantitative estimates of the potential human and environmental exposures associated with the use and release of the chemical; and

(vi) An assessment of the potential impacts on human health and the environment resulting from the quantitative exposure estimates referred to in (a)(v) of this subsection;

(b) A review of available toxicity data to evaluate the health concerns for children or vulnerable populations;

(d) Recommendations regarding whether the legislature should restrict the use of the flame retardants listed in subsection (1)(a) through (e) of this section in children's products or residential upholstered furniture, as defined in RCW 70.76.010, or both. This recommendation must address:

(i) Allowable levels of any restricted flame retardant chemicals in a product, which may not be less than one thousand parts per million; and

(ii) The date when any restrictions should take effect.

(3) The departments of health and ecology must identify the sources of information they reviewed and ultimately relied upon in making the determinations required in subsection (2) of this section, including peer-reviewed science.

(4) The department of ecology, in consultation with the department of health, must create an external advisory committee to provide early stakeholder input, expertise, and additional information for the report to the legislature required under subsection (2) of this section. All advisory meetings must be open to the public. The advisory committee membership must include, but not be limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; groups representing firefighters; and public health agencies. State agencies and technical experts may be requested to participate.

(5) If the department of ecology, in consultation with the department of health, submits a report under subsection (2) of this section to the legislature recommending restricting a flame retardant chemical listed in subsection (1)(a) through (e) of this section, the rule-making process under section 4 of this act may not commence prior to the end of the regular legislative session following adoption of the rule under subsection (1) of this section.

NEW SECTION. Sec. 9. (1) Before December 1st of any year until December 1, 2021, the secretary of the department of health may propose a rule to restrict a flame retardant consistent with the department of ecology's recommendations under section 3(2) of this act. A rule may not restrict flame retardants in inaccessible electronic components of a product. This rule may not be finalized and adopted before the end of the regular legislative session in the year following the rule proposal under this section and may not be finalized and adopted if the legislature takes action during that following regular legislative session to implement protective measures relating to a flame retardant listed in section 3(1) (a) through (e) of this act. Any final rule adopted by the department of health under this section must be identical to the rule proposed by the department of health on December 1st of the previous year.

(2) A violation of rules adopted pursuant to this chapter is subject to the penalties provided in RCW 70.240.050.

(3) The department of health may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

(4) This section expires July 1, 2022.

Sec. 10. RCW 70.240.050 and 2008 c 288 s 7 are each amended to read as follows:

(1) A manufacturer of products that are restricted under this chapter or chapter 70.--- RCW (the new chapter created in section 6 of this act) must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.

(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter or chapter 70.--- RCW (the new chapter created in section 6 of this act) shall recall the product and reimburse the retailer or any other purchaser for the product.

(3) A manufacturer of ((~~children's~~)) products in violation of this chapter or chapter 70.--- RCW (the new chapter created in section 6 of this act) is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.l05D.070.

(4) Retailers who unknowingly sell products that are restricted from sale under this chapter or chapter 70.--- RCW (the new chapter created in section 6 of this act) are not liable under this chapter.

(5) The sale or purchase of any previously owned products containing a chemical restricted under this chapter or chapter 70.--- RCW (the new chapter created in section 6 of this act) made in casual or isolated sales as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter and chapter 70.--- RCW (the new chapter created in section 6 of this act).

NEW SECTION. Sec. 11. Sections 1 through 4 of this act constitute a new chapter in Title 70 RCW."

Correct the title.

Representative Short spoke in favor of the adoption of the amendment to the amendment.

Representative Fitzgibbon spoke against the adoption of the amendment to the amendment.

An electronic roll call was requested.

ROLL CALL

The Clerk called the roll on the adoption of amendment (721) to amendment (696) to Substitute House Bill No. 2545 and the amendment was not adopted by the following vote: Yeas, 46; Nays, 51; Absent, 0; Excused, 0.

Voting yea: Representatives Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Griffey, Haler, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Johnson, Klippert, Kochmar, Kretz, Kristiansen, MacEwen, Magendanz, Manweller, McCabe, McCaslin, Muri, Nealey, Orcutt, Parker, Pike, Rodne, Schmick, Scott, Shea, Short, Smith, Stambaugh, Stokesbary, Taylor, Van Werven, Vick, Wilcox, Wilson, Young, and Zeiger

Voting nay: Representatives Appleton, Bergquist, Blake, Chopp, Clibborn, Cody, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Hunt, S., Hurst, Jinkins, Kagi, Kilduff, Kirby, Kuderer, Lytton, McBride, Moeller, Morris, Moscoso, Ormsby, Ortiz-Self, Orwall, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Sawyer, Sells, Senn, Springer, Stanford, Sullivan, Tarleton, Tharinger, Van De Wege, Walkinshaw, Walsh, and Wylie

Representatives Van De Wege, Short and Senn spoke in favor of the adoption of the amendment.

Amendment (696) 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 Van De Wege and Riccelli spoke in favor of the passage of the bill.

Representative Short 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. 2545.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2545, and the bill passed the House by the following vote: Yeas, 76; Nays, 21; Absent, 0; Excused, 0.

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

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2545, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1725, by Representatives Cody and Tharinger

Concerning a consumer's right to assign hours to individual providers and the department of social and health services' authority to establish criteria regarding the payment of individual providers. Revised for 2nd Substitute: Concerning the consumer's right to assign hours to individual providers and the department of social and health services' authority to adopt rules related to payment of individual providers.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1725 was substituted for House Bill No. 1725 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1725 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 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 Second Substitute House Bill No. 1725.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1725, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

SECOND SUBSTITUTE HOUSE BILL NO. 1725, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2320, by Representatives Stokesbary, Hurst, Peterson, Caldier, Schmick, Stambaugh and Wilcox

Providing that the horse racing commission operating account is a nonappropriated account.

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 Stokesbary and Hurst 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. 2320.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2320, and the bill passed the House by the following vote: Yeas, 86; Nays, 11; Absent, 0; Excused, 0.

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

Voting nay: Representatives Buys, Hudgins, Jinkins, Kagi, Kilduff, McCaslin, Ormsby, Pollet, Shea, Stanford and Taylor.

HOUSE BILL NO. 2320, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2785, by Representatives Shea, Short, Schmick, Taylor, Scott and McCaslin

Ensuring that restrictions on the use of solid fuel burning devices do not prohibit the installation or replacement of solid fuel burning devices or the use of these devices during temporary outages of other sources of heat.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2785 was substituted for House Bill No. 2785 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2785 was read the second time.

Representative Fitzgibbon moved the adoption of amendment (732):

0) On page 4, line 17, after "event" strike "that leaves a" and insert "beyond the control of a person that leave the person's"

On page 4, beginning on line 24, strike all of subsection (6)

On page 4, beginning on line 33, strike all of section 2

Correct the title.

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

Amendment (732) 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 Shea and Fitzgibbon 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. 2785.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2785, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2785, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2483, by Representatives Sawyer, Orwall, Jinkins, Tarleton, Kilduff, Sells, McBride, Bergquist, Ormsby, Santos and Goodman

Protecting minors from sexual exploitation.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2483 was substituted for House Bill No. 2483 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2483 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 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 Substitute House Bill No. 2483.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2483, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE HOUSE BILL NO. 2483, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2280, by Representatives Klippert and Hayes

Making felony driving under the influence of intoxicating liquor, marijuana, or any drug a class B felony.

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 Klippert 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 House Bill No. 2280.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2280, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 0.

HOUSE BILL NO. 2280, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2410, by Representatives Hayes, Orwall, Klippert, Goodman, Griffey, Fitzgibbon, Magendanz, Muri and Ormsby

Requiring information about certain criminal defendants be included in the felony firearm offense conviction database.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2410 was substituted for House Bill No. 2410 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2410 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 Hayes and Jinkins 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. 2410.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2410, and the bill passed the House by the following vote: Yeas, 94; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Buys, Caldier, Chandler, Clibborn, Cody, Condotta, DeBolt, Dent, Dunshee, Dye, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Schmick, Scott, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Van Werven, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives McCaslin, Shea and Taylor.

SUBSTITUTE HOUSE BILL NO. 2410, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2494, by Representatives Tarleton, Santos and Gregerson

Concerning penalties for marijuana offenses.

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.

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 House Bill No. 2494.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2494, and the bill passed the House by the following vote: Yeas, 73; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Clibborn, Cody, Condotta, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Hansen, Harris, Hayes, Hickel, Holy, Hudgins, Hunt, Hurst, Jinkins, Kagi, Kirby, Kochmar, Kuderer, Lytton, MacEwen, Magendanz, McBride, Moeller, Morris, Moscoso, Muri, Nealey, Ormsby, Ortiz-Self, Orwall, Parker, Peterson, Pettigrew, Pollet, Reykdal, Riccelli, Robinson, Rossetti, Ryu, Santos, Scott, Sells, Senn, Shea, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Taylor, Tharinger, Van De Wege, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Young, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, DeBolt, Dent, Dye, Haler, Hargrove, Harmsworth, Hawkins, Johnson, Kilduff, Klippert, Kretz, Kristiansen, Manweller, McCabe, McCaslin, Orcutt, Pike, Rodne, Sawyer, Schmick, Short and Van Werven.

HOUSE BILL NO. 2494, having received the necessary constitutional majority, was declared passed.

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

THIRD READING

There being no objection, the rules were suspended, and HOUSE BILL NO. 2033 was returned to second reading for the purpose of amendment.

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

SECOND READING

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 Goodman moved the adoption of amendment (737):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 7.90.120 and 2013 c 74 s 3 are each amended to read as follows:

(1)(a) An ex parte temporary sexual assault protection order shall be effective for a fixed period not to exceed fourteen days. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or service by mail is permitted. If the court permits service by publication or service by mail, the court shall also reissue the ex parte temporary protection order not to exceed another twenty-four days from the date of reissuing the ex parte protection order. Except as provided in RCW 7.90.050, 7.90.052, or 7.90.053, the respondent shall be personally served with a copy of the ex parte temporary sexual assault protection order along with a copy of the petition and notice of the date set for the hearing.

(b) Any ex parte temporary order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a statewide judicial information system by the clerk of the court within one judicial day after issuance.

(2) Except as otherwise provided in this section or RCW 7.90.150, a final sexual assault protection order shall be effective for a fixed period of time((~~, not to exceed two years~~)) or be permanent.

(3) Any sexual assault protection order which would expire on a court holiday shall instead expire at the close of the next court business day.

(4) The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a sexual assault protection order undermines the purposes of this chapter. This section shall not be construed as encouraging that practice.

Sec. 2. RCW 7.90.121 and 2013 c 74 s 4 are each amended to read as follows:

(1) Any ex parte temporary or nonpermanent final sexual assault protection order may be renewed one or more times, as required.

(2) The petitioner may apply for renewal of the order by filing a motion for renewal at any time within the three months before the order expires. The motion for renewal shall state the reasons why the petitioner seeks to renew the protection order.

(3) ((If the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal.)) (a) The court shall grant the motion for renewal unless the respondent proves by a preponderance of the evidence that there has been a material change in circumstances such that the respondent is not likely to engage in or attempt to engage in physical or nonphysical contact with the petitioner when the order expires.

(b) For purposes of this subsection (3), a court shall determine whether there has been a material change in circumstances by considering only factors which address whether the respondent is likely to engage in or attempt to engage in physical or nonphysical contact with the petitioner when the order expires. The passage of time and compliance with the existing protection order shall not, alone, be sufficient to meet this burden of proof. The court may renew the sexual assault protection order for another fixed time period or may enter a permanent order as provided in this section.

(c) In determining whether there has been a material change in circumstances, the court may consider the following unweighted factors, and no inference is to be drawn from the order in which the factors are listed:

(i) Whether the respondent has committed or threatened sexual assault, domestic violence, stalking, or other violent acts since the protection order was entered;

(ii) Whether the respondent has violated the terms of the protection order and the time that has passed since the entry of the order;

(iii) Whether the respondent has exhibited suicidal ideation or attempts since the protection order was entered;

(iv) Whether the respondent has been convicted of criminal activity since the protection order was entered;

(v) Whether the respondent has either acknowledged responsibility for acts of sexual assault that resulted in entry of the protection order or successfully completed sexual assault perpetrator treatment or counseling since the protection order was entered;

(vi) Whether the respondent has a continuing involvement with drug or alcohol abuse, if such abuse was a factor in the protection order;

(vii) Whether the respondent or petitioner has relocated to an area more distant from the other party, giving due consideration to the fact that acts of sexual assault may be committed from any distance such as via cybercrime;

(viii) Other factors relating to a material change in circumstances.

(4)(a) If the motion is contested, upon receipt of the motion, the court shall order that a hearing be held not later than fourteen days from the date of the order.

(b) The court may schedule a hearing by telephone pursuant to local court rule, to reasonably accommodate a disability, or in exceptional circumstances to protect a petitioner from further nonconsensual sexual conduct or nonconsensual sexual penetration. The court shall require assurances of the petitioner's identity before conducting a telephonic hearing.

(c) The respondent shall be personally served not less than five court days prior to the hearing. If timely personal service cannot be made, the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 7.90.052 or service by mail as provided in RCW 7.90.053. The court shall not require more than two attempts at obtaining personal service and shall permit service by publication or service by mail unless the petitioner requests additional time to attempt personal service. If the court permits service by publication or service by mail, the court shall set the hearing date not later than twenty-four days from the date of the order.

(5) Renewals may be granted only in open court."

Correct the title.

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

Representative Rodne spoke against the adoption of the amendment.

Amendment (737) 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.

Representative Goodman and Goodman (again) spoke in favor of the passage of the bill.

Representative Rodne 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 House Bill No. 2033.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2033, and the bill passed the House by the following vote: Yeas, 64; Nays, 33; Absent, 0; Excused, 0.

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

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

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

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Engrossed House Bill No. 2033.

Representative DeBolt, 20th District

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

THIRD READING

The House resumed consideration of. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2906 on third reading.

There being no objection, the rules were suspended, and ENGROSSED SUBSTITUTE HOUSE BILL NO. 2906 was returned to second reading for the purpose of amendment.

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

SECOND READING

HOUSE BILL NO. 2906, by Representatives Stambaugh, Kagi, Magendanz, Tharinger, Ortiz-Self, Frame, Goodman and Ormsby

Strengthening opportunities for the rehabilitation and reintegration of juvenile offenders.

There being no objection the House reconsidered the vote by which amendment (633), as amended, was adopted.

There being no objection the House reconsidered the vote by which amendment (720) to amendment (633) was not adopted.

Amendment (720) to amendment (633) was adopted.

Amendment (633), as amended, was adopted.

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

Representative Stambaugh, Kagi and Hayes 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. 2906.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2906, and the bill passed the House by the following vote: Yeas, 85; Nays, 12; Absent, 0; Excused, 0.

Voting yea: Representatives Appleton, Bergquist, Blake, Caldier, Clibborn, Cody, DeBolt, Dent, Dunshee, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Griffey, Haler, Hansen, Hargrove, Harmsworth, Harris, Hawkins, Hayes, Hickel, Hudgins, Hunt, Hurst, Jinkins, Johnson, Kagi, Kilduff, Kirby, Kochmar, Kretz, Kristiansen, Kuderer, 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, Rossetti, Ryu, Santos, Sawyer, Scott, Sells, Senn, Short, Smith, Springer, Stambaugh, Stanford, Stokesbary, Sullivan, Tarleton, Tharinger, Van De Wege, Vick, Walkinshaw, Walsh, Wilcox, Wilson, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Buys, Chandler, Condotta, Dye, Holy, Klippert, McCaslin, Schmick, Shea, Taylor, Van Werven and Young.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2906, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Moeller presiding) called upon Deputy Chief Clerk Bernard Dean to preside.

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

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. 2300

HOUSE BILL NO. 2359

HOUSE BILL NO. 2435

HOUSE BILL NO. 2507

HOUSE BILL NO. 2522

HOUSE BILL NO. 2526

HOUSE BILL NO. 2671

HOUSE BILL NO. 2744

HOUSE BILL NO. 2936

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., February 16, 2016, the 37th Day of the Regular Session.

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk