SIXTY FOURTH LEGISLATURE - REGULAR SESSION

 

 

NINETY FIFTH DAY

 

 

House Chamber, Olympia, Thursday, April 16, 2015

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller presiding).  The Clerk called the roll and a quorum was present.

 

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages John Drohman and Zepaniah Bravo.  The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Pastor Ric Fritz, Chaplain, Orting Soldier's Home, Washington.

 

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

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4635, by Representatives Parker, Holy, Riccelli, Manweller, Ormsby, Fagan, Schmick, Dent, Smith, MacEwen, and S. Hunt

 

WHEREAS, Under the instruction, guidance, and leadership of Head Coach Jim Hayford and his staff, the 2014-15 Eastern Washington University men's basketball team joined the 2003-04 squad in advancing to the NCAA Tournament for the second time in the Division I era; and

WHEREAS, The Eagles finished 26-9 overall, the team's most victories in a season since becoming an NCAA Division I member in the 1983-84 season; and

WHEREAS, In beating the University of Montana 69-65 in the Big Sky Conference Tournament Championship game, Eastern won the title game for the first time since 2004; and

WHEREAS, The Eagles finished 4-0 in the 2014-15 season in Missoula, including going 3-0 in the 2015 Big Sky Conference Tournament; and

WHEREAS, In sharing the league title with the University of Montana, Eastern won its third regular season league title in 28 years as a member of the Big Sky Conference; and

WHEREAS, The 14-4 league mark for Eastern Washington University exceeded the school record for Big Sky wins in a season, breaking the previous mark set in the 1999-00 season when the Eagles were 12-4; and

WHEREAS, Junior Tyler Harvey became the first Eagle to ever lead the NCAA Division I in scoring, with an average of 23.1 points per game, closed the year with Big Sky and Eastern Washington University single season records for season 3-pointers with 128, and made a school record and ranked fourth in league history with his 738 points; and

WHEREAS, Eastern Washington University's heart-stopping 88-86 victory at Big Ten Conference member Indiana University on November 24, 2014, will go down as one of the greatest victories in school history after the Eagles snapped the nation's third-longest non-conference home court winning streak at 43 in front of 11,636 Hoosier fans at Assembly Hall in Bloomington, Indiana; and

WHEREAS, In addition to their success on the court, the Eagles team attained a 3.20 grade point average during winter quarter, while also being honored by the Spokane City Council for their involvement as mentors for 5th graders at Whitman Elementary School; and

WHEREAS, These extraordinary achievements would not have been possible without the unequivocal support of Eastern Washington University's Board of Trustees, presidential leadership from Dr. Mary Cullinan, and the encouragement of the Eastern Washington University student body, faculty, staff, alumni, family, friends, community members, benefactors, and fans;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the highest level of excellence in achievement shown by the Eastern Washington University men's basketball team and the shining example of inspiration such achievements have set for others; and

BE IT FURTHER RESOLVED, That the House of Representatives recognize the value and dedication of student athletes; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the President of Eastern Washington University, the Athletic Director of Eastern Washington University, the coach of the Eastern Washington University Eagles, and to each Eastern Washington University men's basketball team member.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be adoption of House Resolution No. 4635.

 

HOUSE RESOLUTION NO. 4635 was adopted.

 

MESSAGES FROM THE SENATE

 

April 15, 2015

 

MR. SPEAKER:

 

The Senate has passed:

SECOND SUBSTITUTE SENATE BILL NO. 5449

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

April 15, 2015

 

MR. SPEAKER:

 

The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 1045

HOUSE BILL NO. 1047

HOUSE BILL NO. 1077

SUBSTITUTE HOUSE BILL NO. 1223

HOUSE BILL NO. 1279

HOUSE BILL NO. 1977

SECOND SUBSTITUTE HOUSE BILL NO. 2063

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

 

April 15, 2015

 

MR. SPEAKER:

 

The Senate has passed:

HOUSE BILL NO. 1168

SUBSTITUTE HOUSE BILL NO. 1564

HOUSE BILL NO. 1779

SUBSTITUTE HOUSE BILL NO. 1851

SUBSTITUTE HOUSE BILL NO. 1919

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

 

April 16, 2015

 

MR. SPEAKER:

 

The President has signed:

SENATE BILL NO. 5075

SENATE BILL NO. 5101

SENATE BILL NO. 5104

SENATE BILL NO. 5120

SENATE BILL NO. 5122

SENATE BILL NO. 5210

SUBSTITUTE SENATE BILL NO. 5275

SENATE BILL NO. 5302

SENATE BILL NO. 5466

ENGROSSED SENATE BILL NO. 5577

SENATE BILL NO. 5717

SUBSTITUTE SENATE BILL NO. 5795

SENATE BILL NO. 5805

ENGROSSED SUBSTITUTE SENATE BILL NO. 5810

SUBSTITUTE SENATE BILL NO. 5933

and the same are herewith transmitted.

Hunter G. Goodman, Secretary

 

MESSAGE FROM THE SENATE

April 8, 2015

 

MR. SPEAKER:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1088, with the following amendment(s)

 

 On page 1, beginning on line 7, after "may" strike all material through "section," on line 8

On page 2, at the beginning of line 15, strike all material through "effect." on line 30

 

 

and the same is herewith transmitted.

Hunter G. Goodman Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House refused to concur in the Senate amendment to SHB 1088 and asked the Senate to recede therefrom.

 

MESSAGE FROM THE SENATE

April 13, 2015

 

MR. SPEAKER:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1240, with the following amendment(s): 

 

  On page 5, after line 26, insert the following:

"(8) Each school district shall provide at least one support staff member when providing pupil transportation for students who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 if at least one of the students poses a likelihood of serious harm as defined in RCW 70.96B.010."

 

and the same is herewith transmitted.

Hunter G. Goodman Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

POINT OF ORDER

 

Representative Bergquist requested a scope and object ruling on the Senate amendment to Substitute House Bill No. 1240.

 

SPEAKER’S RULING

 

Mr. Speaker (Representative Moeller presiding):  “Substitute House Bill No. 1240 sets standards for the restraint or isolation of students, including students with disabilities, in public schools.  Senate amendment #394 addresses the transportation of students, which is a completely unrelated subject matter.  The Speaker therefore finds and rules that amendment #394 changes the scope and object of the bill.  The point of order is well taken.”

 

There being no objection, the House refused to concur in the Senate amendment to Substitute House Bill No. 1240 and asked the Senate to recede therefrom.

 

MESSAGE FROM THE SENATE

April 8, 2015

 

MR. SPEAKER:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1283, with the following amendment(s): 

 

 Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 18.28.010 and 2012 c 56 s 1 are each reenacted and amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Debt adjuster," which includes any person known as a debt pooler, debt manager, debt consolidator, debt prorater, or credit counselor, is any person engaging in or holding himself or herself out as engaging in the business of debt adjusting for compensation. The term shall not include:

(a) Attorneys-at-law, escrow agents, accountants, broker-dealers in securities, or investment advisors in securities, while performing services solely incidental to the practice of their professions;

(b) Any person, partnership, association, or corporation doing business under and as permitted by any law of this state or of the United States relating to banks, consumer finance businesses, consumer loan companies, trust companies, mutual savings banks, savings and loan associations, building and loan associations, credit unions, crop credit associations, development credit corporations, industrial development corporations, title insurance companies, insurance companies, or third-party account administrators;

(c) Persons who, as employees on a regular salary or wage of an employer not engaged in the business of debt adjusting, perform credit services for their employer;

(d) Public officers while acting in their official capacities and persons acting under court order;

(e) Any person while performing services incidental to the dissolution, winding up or liquidation of a partnership, corporation, or other business enterprise;

(f) Nonprofit organizations dealing exclusively with debts owing from commercial enterprises to business creditors;

(g) Nonprofit organizations engaged in debt adjusting and which do not assess against the debtor a service charge in excess of fifteen dollars per month.

(2) "Debt adjusting" means the managing, counseling, settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor.

(3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as engaging in the business of debt adjusting.

(4) "Financial institution" means any person doing business under the laws of any state or the United States relating to commercial banks, bank holding companies, savings banks, savings and loan associations, trust companies, or credit unions.

(5) "Third-party account administrator" means an independent entity that holds or administers a dedicated bank account for fees and payments to creditors, debt collectors, debt adjusters, or debt adjusting agencies in connection with the renegotiation, settlement, reduction, or other alteration of the terms of payment or other terms of a debt.

(6) "Fair share" means the creditor contributions paid to debt adjusters by the creditors whose consumers receive debt adjusting services from the debt adjusters and pay down their debt accordingly. "Fair share" does not include grants received by debt adjusters for services unrelated to debt adjusting.

Sec. 2.  RCW 18.28.080 and 2012 c 56 s 2 are each amended to read as follows:

(1) By contract a debt adjuster may charge a reasonable fee for debt adjusting services. The total fee for debt adjusting services, including, but not limited to, any fee charged by a financial institution or a third-party account administrator, may not exceed fifteen percent of the total debt listed by the debtor on the contract. The fee retained by the debt adjuster from any one payment made by or on behalf of the debtor may not exceed fifteen percent of the payment not including fair share. The debt adjuster may make an initial charge of up to twenty-five dollars which shall be considered part of the total fee. If an initial charge is made, no additional fee may be retained which will bring the total fee retained to date to more than fifteen percent of the total payments made to date. No fee whatsoever shall be applied against rent and utility payments for housing.

In the event of cancellation or default on performance of the contract by the debtor prior to its successful completion, the debt adjuster may collect in addition to fees previously received, six percent of that portion of the remaining indebtedness listed on said contract which was due when the contract was entered into, but not to exceed twenty-five dollars.

(2) A debt adjuster who receives fair share must disclose this in writing, along with an explanation of fair share, to the debtor prior to accepting any fair share.

(3) A debt adjuster shall not be entitled to retain any fee until notifying all creditors listed by the debtor that the debtor has engaged the debt adjuster in a program of debt adjusting.

(((3))) (4) The department of financial institutions has authority to enforce compliance with this section.

Sec. 3.  RCW 18.28.120 and 1999 c 151 s 106 are each amended to read as follows:

A debt adjuster shall not:

(1) Take any contract, or other instrument which has any blank spaces when signed by the debtor;

(2) Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee, whether as to real or personal property;

(3) Lend money or credit;

(4) Take any confession of judgment or power of attorney to confess judgment against the debtor or appear as the debtor in any judicial proceedings;

(5) Take, concurrent with the signing of the contract or as a part of the contract or as part of the application for the contract, a release of any obligation to be performed on the part of the debt adjuster;

(6) Advertise services, display, distribute, broadcast or televise, or permit services to be displayed, advertised, distributed, broadcasted or televised in any manner whatsoever wherein any false, misleading or deceptive statement or representation with regard to the services to be performed by the debt adjuster, or the charges to be made therefor, is made;

(7) Offer, pay, or give any cash, fee, gift, bonus, premiums, reward, or other compensation to any person for referring any prospective customer to the debt adjuster;

(8) Receive any cash, fee, gift, bonus, premium, reward, or other compensation, other than fair share, from any person other than the debtor or a person in the debtor's behalf in connection with his or her activities as a debt adjuster; or

(9) Disclose to anyone the debtors who have contracted with the debt adjuster; nor shall the debt adjuster disclose the creditors of a debtor to anyone other than: (a) The debtor; or (b) another creditor of the debtor and then only to the extent necessary to secure the cooperation of such a creditor in a debt adjusting plan."

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "debt adjusters; amending RCW 18.28.080 and 18.28.120; and reenacting and amending RCW 18.28.010."

 

and the same is herewith transmitted.

Hunter G. Goodman Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

POINT OF ORDER

 

Representative Bergquist requested a scope and object ruling on the Senate amendment to Substitute House Bill No. 1283.

 

SPEAKER’S RULING

 

Mr. Speaker (Representative Moeller presiding):  “The title of Substitute House Bill No. 1283, as passed by the House, was an act relating to “nonprofit organizations involved in debt adjusting.”  The Senate amended the bill and its title to include all debt adjusters, both nonprofit and for-profit.  The Speaker therefore finds and rules that the Senate amendment changes the scope and object of the bill.  The point of order is well taken.”

 

There being no objection, the House refused to concur in the Senate amendment to Substitute House Bill No. 1283 and asked the Senate to recede therefrom.

 

MESSAGE FROM THE SENATE

April 8, 2015

 

MR. SPEAKER:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1316, with the following amendment(s):

 

Strike everything after the enacting clause and insert the following:

"Sec. 4.  RCW 26.50.110 and 2013 c 84 s 31 are each amended to read as follows:

(1)(a) Whenever an order is granted under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, any temporary order for protection granted under chapter 7.40 RCW pursuant to chapter 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsections (4) and (5) of this section:

(i) The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;

(ii) A provision excluding the person from a residence, workplace, school, or day care;

(iii) A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location;

(iv) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent; or

(v) A provision of a foreign protection order specifically indicating that a violation will be a crime.

(b) Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, any temporary order for protection granted under chapter 7.40 RCW pursuant to chapter 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

(3) A violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

(4) Any assault that is a violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

(5) A violation of a court order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under this chapter, chapter 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order granted under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation."

.

On page 1, line 1 of the title, after "order" strike the remainder of the title and insert "for vulnerable adults; and amending RCW 26.50.110."

 

and the same is herewith transmitted.

Hunter G. Goodman Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

POINT OF ORDER

 

Representative Bergquist requested a scope and object ruling on the Senate amendment to Substitute House Bill No. 1316.

 

SPEAKER’S RULING

 

Mr. Speaker (Representative Moeller presiding):  “The title of Substitute House Bill No. 1316, as passed by the House, was an act relating to “violations of a temporary protection order.  The Senate amended the title to add the words ‘for vulnerable adults’.  The Speaker finds and rules that the Senate amendment changes the scope of the bill as defined by its title.  The point of order is well taken.”

 

There being no objection, the House refused to concur in the Senate amendment to Substitute House Bill No. 1316 and asked the Senate to recede therefrom.

 

MESSAGE FROM THE SENATE

April 9, 2015

Mr. Speaker:

 

The Senate has passed HOUSE BILL NO. 1013 with the following amendment:

 

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

"Sec. 1.  RCW 36.32.080 and 1989 c 16 s 1 are each amended to read as follows:

(1) Except as provided otherwise by this section, the county legislative authority of each county shall hold regular meetings at the county seat to transact any business required or permitted by law.

(2) As an alternative option that may be exercised no more than once per calendar quarter, regular meetings may be held at a location outside of the county seat but within the county if the county legislative authority determines that holding a meeting at an alternate location would be in the interest of supporting greater citizen engagement in local government.

(3) The county legislative authority must give notice of any regular meeting held outside of the county seat. Notice must be given at least thirty days before the time of the meeting specified in the notice. At a minimum, notice must be:

(a) Posted on the county's web site;

(b) Published in a newspaper of general circulation in the county; and

(c) Sent via electronic transmission to any resident of the county who has chosen to receive the notice required under this section at an electronic mail address."

On page 1, line 3 of the title, after "county;" strike the remainder of the title and insert "and amending RCW 36.32.080."

 

and the same is herewith transmitted.

Pablo G. Campos, Deputy Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1013 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

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

 

      Representative Taylor spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1013, as amended by the Senate.

 

MOTIONS

 

On motion of Representative Riccelli, Representative McBride was excused. On motion of Representative Harris, Representative Rodne was excused.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1013, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 80; Nays, 16; Absent, 0; Excused, 2.

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

      Voting nay: Representatives Buys, Caldier, DeBolt, G. Hunt, Harmsworth, MacEwen, McCaslin, Pike, Scott, Shea, Taylor, Van De Wege, Van Werven, Vick, Wilcox and Young.

      Excused: Representatives Gregory and Rodne.

 

HOUSE BILL NO. 1013, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed HOUSE BILL NO. 1124 with the following amendment:

 

0)  On page 1, line 13, after "maximum of" strike "six" and insert "four"

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 1124 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

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

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1124, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1124, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 93; Nays, 3; Absent, 0; Excused, 2.

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

      Voting nay: Representatives Harris, Ryu and Smith.

      Excused: Representatives Gregory and Rodne.

 

HOUSE BILL NO. 1124, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1183 with the following amendment:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) Any radiology benefit manager that is owned by a carrier as defined in RCW 48.43.005 or acts as a subcontractor for a carrier must be registered with the department of revenue's business licensing service and annually renew the registration.

(2)(a) For purposes of this section, a "radiology benefit manager" means a person that contracts with, or is owned by, a carrier or a third-party payor to:

(i) Process claims for services and procedures performed by a licensed radiologist or advanced diagnostic imaging service provider; or

(ii) Pay or authorize payment to radiology clinics, radiologists, or advanced diagnostic imaging service providers for services or procedures;

(b) "Radiology benefit manager" does not include a health care service contractor as defined in RCW 48.44.010, a health maintenance organization as defined in RCW 48.46.020, or an issuer as defined in RCW 48.01.053.

(3) To register under this section, a radiology benefit manager must:

(a) Submit an application requiring the following information:

(i) The identity of the radiology benefit manager;

(ii) The name, business address, phone number, and medical director for the radiology benefit manager; and

(iii) Where applicable, the federal tax employer identification number for the entity; and

(b) Pay a registration fee of two hundred dollars.

(4) To renew a registration under this section, a radiology benefit manager must pay a renewal fee of two hundred dollars.

(5) All receipts from registrations and renewals collected by the department of revenue must be deposited into the business license account created in RCW 19.02.210.

NEW SECTION.  Sec. 2.  Section 1 of this act constitutes a new chapter in Title 19 RCW."

On page 1, line 1 of the title, after "managers;" strike the remainder of the title and insert "and adding a new chapter to Title 19 RCW."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1183 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Harris and Cody 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. 1183, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1183, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 87; Nays, 9; Absent, 0; Excused, 2.

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

      Voting nay: Representatives Dent, G. Hunt, MacEwen, Magendanz, McCaslin, Scott, Shea, Taylor and Young.

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1183, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed ENGROSSED HOUSE BILL NO. 1422 with the following amendment:

 

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

"Sec. 1.  RCW 19.160.010 and 1999 c 156 s 1 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area.

(2) "Local telephone number" means a ((telephone number that can be dialed without incurring long distance charges from telephones located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers, toll-free numbers, or 900 exchange numbers listed in a local telephone directory)) specific telephone number, area code and prefix, assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas. The term "local telephone number" does not include long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory.

(3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation.

Sec. 2.  RCW 19.160.030 and 1999 c 156 s 2 are each amended to read as follows:

((No person engaged in the selling, delivery, or solicitation of cut flowers, flower arrangements, or floral products may misrepresent his, her, or its geographic location by:

(1) Listing a local telephone number in a local telephone directory if:

(a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory; and

(b) The listing fails to conspicuously disclose the locality and state in which the business is located; or

(2) Listing a business name in a local telephone directory if:

(a) The name misrepresents the business's geographic location; and

(b) The listing fails to disclose the locality and state in which the business is located.)) (1) For purposes of this section, "floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services.

(2) It is a violation for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:

(a) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider's or vendor's business; or

(b) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met:

(i) The name of the business misrepresents the provider's or vendor's geographic location; and

(ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider's or vendor's business.

(3) A violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars.

(4) This section does not create or impose any duty or obligation on a person other than a vendor or provider of floral or ornamental products or services.

(5) This section does not apply to any of the following:

(a) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.

(b) An internet web site that aggregates and provides information about other businesses.

(c) An owner or publisher of a print advertising medium providing information about other businesses.

(d) An internet service provider.

(e) An internet service that displays or distributes advertisements for other businesses."

On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 19.160.010 and 19.160.030; and prescribing penalties."

 

and the same is herewith transmitted.

Hunter G. Goodman , Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to ENGROSSED HOUSE BILL NO. 1422 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

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

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1422, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed House Bill No. 1422, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

ENGROSSED HOUSE BILL NO. 1422, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1424 with the following amendment:

 

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

"Sec. 1.  RCW 43.70.442 and 2014 c 71 s 2 are each amended to read as follows:

(1)(a) Each of the following professionals certified or licensed under Title 18 RCW shall, at least once every six years, complete training in suicide assessment, treatment, and management that is approved, in rule, by the relevant disciplining authority:

(i) An adviser or counselor certified under chapter 18.19 RCW;

(ii) A chemical dependency professional licensed under chapter 18.205 RCW;

(iii) A marriage and family therapist licensed under chapter 18.225 RCW;

(iv) A mental health counselor licensed under chapter 18.225 RCW;

(v) An occupational therapy practitioner licensed under chapter 18.59 RCW;

(vi) A psychologist licensed under chapter 18.83 RCW;

(vii) An advanced social worker or independent clinical social worker licensed under chapter 18.225 RCW; and

(viii) A social worker associate—advanced or social worker associate—independent clinical licensed under chapter 18.225 RCW.

(b) The requirements in (a) of this subsection apply to a person holding a retired active license for one of the professions in (a) of this subsection.

(c) The training required by this subsection must be at least six hours in length, unless a disciplining authority has determined, under subsection (9)(b) of this section, that training that includes only screening and referral elements is appropriate for the profession in question, in which case the training must be at least three hours in length.

(d) Beginning July 1, 2017, the training required by this subsection must be on the model list developed under subsection (6) of this section. Nothing in this subsection (1)(d) affects the validity of training completed prior to July 1, 2017.

(2)(a) Except as provided in (b) of this subsection, a professional listed in subsection (1)(a) of this section must complete the first training required by this section ((during)) by the end of the first full continuing education reporting period after January 1, 2014, or during the first full continuing education reporting period after initial licensure or certification, whichever occurs later.

(b) A professional listed in subsection (1)(a) of this section applying for initial licensure may delay completion of the first training required by this section for six years after initial licensure if he or she can demonstrate successful completion of the training required in subsection (1) of this section no more than six years prior to the application for initial licensure.

(3) The hours spent completing training in suicide assessment, treatment, and management under this section count toward meeting any applicable continuing education or continuing competency requirements for each profession.

(4)(a) A disciplining authority may, by rule, specify minimum training and experience that is sufficient to exempt ((a)) an individual professional from the training requirements in subsections (1) and (5) of this section. Nothing in this subsection (4)(a) allows a disciplining authority to provide blanket exemptions to broad categories or specialties within a profession.

(b) A disciplining authority may exempt a professional from the training requirements of subsections (1) and (5) of this section if the professional has only brief or limited patient contact.

(5)(a) Beginning January 1, 2016, each of the following professionals credentialed under Title 18 RCW shall complete a one-time training in suicide assessment, treatment, and management that is approved by the relevant disciplining authority:

(i) A chiropractor licensed under chapter 18.25 RCW;

(ii) A naturopath licensed under chapter 18.36A RCW;

(iii) A licensed practical nurse, registered nurse, or advanced registered nurse practitioner, other than a certified registered nurse anesthetist, licensed under chapter 18.79 RCW;

(iv) An osteopathic physician and surgeon licensed under chapter 18.57 RCW, other than a holder of a postgraduate osteopathic medicine and surgery license issued under RCW 18.57.035;

(v) An osteopathic physician assistant licensed under chapter 18.57A RCW;

(vi) A physical therapist or physical therapist assistant licensed under chapter 18.74 RCW;

(vii) A physician licensed under chapter 18.71 RCW, other than a resident holding a limited license issued under RCW 18.71.095(3);

(viii) A physician assistant licensed under chapter 18.71A RCW; and

(ix) A person holding a retired active license for one of the professions listed in (a)(i) through (viii) of this subsection.

(b) A professional listed in (a) of this subsection must complete the one-time training ((during)) by the end of the first full continuing education reporting period after ((June 12, 2014)) January 1, 2016, or during the first full continuing education reporting period after initial licensure, whichever is later. Training completed between June 12, 2014, and January 1, 2016, that meets the requirements of this section, other than the timing requirements of this subsection (5)(b), must be accepted by the disciplining authority as meeting the one-time training requirement of this subsection (5).

(c) The training required by this subsection must be at least six hours in length, unless a disciplining authority has determined, under subsection (9)(b) of this section, that training that includes only screening and referral elements is appropriate for the profession in question, in which case the training must be at least three hours in length.

(d) Beginning July 1, 2017, the training required by this subsection must be on the model list developed under subsection (6) of this section. Nothing in this subsection (5)(d) affects the validity of training completed prior to July 1, 2017.

(6)(a) The secretary and the disciplining authorities shall work collaboratively to develop a model list of training programs in suicide assessment, treatment, and management.

(b) ((When developing the model list, the secretary and the disciplining authorities shall:

(i) Consider suicide assessment, treatment, and management training programs of at least six hours in length listed on the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center; and

(ii) Consult with public and private institutions of higher education, experts in suicide assessment, treatment, and management, and affected professional associations.

(c) The secretary and the disciplining authorities shall report the model list of training programs to the appropriate committees of the legislature no later than December 15, 2013.

(d))) The secretary and the disciplining authorities shall update the list at least once every two years. ((When updating the list, the secretary and the disciplining authorities shall, to the extent practicable, endeavor to include training on the model list that includes content specific to veterans. When identifying veteran-specific content under this subsection, the secretary and the disciplining authorities shall consult with the Washington department of veterans affairs.))

(c) By June 30, 2016, the department shall adopt rules establishing minimum standards for the training programs included on the model list. The minimum standards must require that six-hour trainings include content specific to veterans and the assessment of issues related to imminent harm via lethal means or self-injurious behaviors. When adopting the rules required under this subsection (6)(c), the department shall:

(i) Consult with the affected disciplining authorities, public and private institutions of higher education, educators, experts in suicide assessment, treatment, and management, the Washington department of veterans affairs, and affected professional associations; and

(ii) Consider standards related to the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center.

(d) Beginning January 1, 2017:

(i) The model list must include only trainings that meet the minimum standards established in the rules adopted under (c) of this subsection and any three-hour trainings that met the requirements of this section on or before the effective date of this section;

(ii) The model list must include six-hour trainings in suicide assessment, treatment, and management, and three-hour trainings that include only screening and referral elements; and

(iii) A person or entity providing the training required in this section may petition the department for inclusion on the model list. The department shall add the training to the list only if the department determines that the training meets the minimum standards established in the rules adopted under (c) of this subsection.

(7) The department shall provide the health profession training standards created in this section to the professional education standards board as a model in meeting the requirements of RCW 28A.410.226 and provide technical assistance, as requested, in the review and evaluation of educator training programs. The educator training programs approved by the professional educator standards board may be included in the department's model list.

(8) Nothing in this section may be interpreted to expand or limit the scope of practice of any profession regulated under chapter 18.130 RCW.

(((8))) (9) The secretary and the disciplining authorities affected by this section shall adopt any rules necessary to implement this section.

(((9))) (10) For purposes of this section:

(a) "Disciplining authority" has the same meaning as in RCW 18.130.020.

(b) "Training in suicide assessment, treatment, and management" means empirically supported training approved by the appropriate disciplining authority that contains the following elements: Suicide assessment, including screening and referral, suicide treatment, and suicide management. However, the disciplining authority may approve training that includes only screening and referral elements if appropriate for the profession in question based on the profession's scope of practice. The board of occupational therapy may also approve training that includes only screening and referral elements if appropriate for occupational therapy practitioners based on practice setting.

(((10))) (11) A state or local government employee is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six‑hour block or may be spread among shorter training sessions at the employer's discretion.

(((11))) (12) An employee of a community mental health agency licensed under chapter 71.24 RCW or a chemical dependency program certified under chapter 70.96A RCW is exempt from the requirements of this section if he or she receives a total of at least six hours of training in suicide assessment, treatment, and management from his or her employer every six years. For purposes of this subsection, the training may be provided in one six-hour block or may be spread among shorter training sessions at the employer's discretion."

On page 1, line 1 of the title, after "prevention;" strike the remainder of the title and insert "and amending RCW 43.70.442."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1424 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Orwall and Schmick 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. 1424, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1424, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1424, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 14, 2015

Mr. Speaker:

 

The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440 with the following amendment:

 

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 9.73 RCW to read as follows:

The state and its political subdivisions shall not, by means of a cell site simulator device, collect or use a person's electronic data or metadata without (1) that person's informed consent, (2) a warrant, based upon probable cause, that describes with particularity the person, place, or thing to be searched or seized, or (3) acting in accordance with a legally recognized exception to the warrant requirements.

Sec. 2.  RCW 9.73.260 and 1998 c 217 s 1 are each amended to read as follows:

(1) As used in this section:

(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such communication.

(b) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:

(i) Any wire or oral communication;

(ii) Any communication made through a tone-only paging device; or

(iii) Any communication from a tracking device, but solely to the extent the tracking device is owned by the applicable law enforcement agency.

(c) "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications.

(d) "Pen register" means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(e) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

(f) "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations: (i) Identifying, locating, or tracking the movements of a communications device; (ii) intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device; (iii) affecting the hardware or software operations or functions of a communications device; (iv) forcing transmissions from or connections to a communications device; (v) denying a communications device access to other communications devices, communications protocols, or services; or (vi) spoofing or simulating a communications device, cell tower, cell site, or service, including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. A cell site simulator device does not include any device used or installed by an electric utility, as defined in RCW 19.280.020, solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.

(2) No person may install or use a pen register ((or)), trap and trace device, or cell site simulator device without a prior court order issued under this section except as provided under subsection (6) of this section or RCW 9.73.070.

(3) A law enforcement officer may apply for and the superior court may issue orders and extensions of orders authorizing the installation and use of pen registers ((and)), trap and trace devices, and cell site simulator devices as provided in this section. The application shall be under oath and shall include the identity of the officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

(4) If the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation and finds that there is probable cause to believe that the pen register ((or)), trap and trace device, or cell site simulator device will lead to obtaining evidence of a crime, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation and use of a pen register ((or a)), trap and trace device, or cell site simulator device. The order shall specify:

(a)(i) In the case of a pen register or trap and trace device, the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; or

(ii) In the case of a cell site simulator device, the identity, if known, of (A) the person to whom is subscribed or in whose name is subscribed the electronic communications service utilized by the device to which the cell site simulator device is to be used and (B) the person who possesses the device to which the cell site simulator device is to be used;

(b) The identity, if known, of the person who is the subject of the criminal investigation;

(c)(i) In the case of a pen register or trap and trace device, the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; or

(ii) In the case of a cell site simulator device: (A) The telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cell site simulator device is to be attached or used; (B) if known, the physical location of the device to which the cell site simulator device is to be attached or used; (C) the type of device, and the communications protocols being used by the device, to which the cell site simulator device is to be attached or used; (D) the geographic area that will be covered by the cell site simulator device; (E) all categories of metadata, data, or information to be collected by the cell site simulator device from the targeted device including, but not limited to, call records and geolocation information; (F) whether or not the cell site simulator device will incidentally collect metadata, data, or information from any parties or devices not specified in the court order, and if so, what categories of information or metadata will be collected; and (G) any disruptions to access or use of a communications or internet access network that may be created by use of the device; and

(d) A statement of the offense to which the information likely to be obtained by the pen register ((or)), trap and trace device, or cell site simulator device relates.

The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register ((or)), trap and trace device, or cell site simulator device. An order issued under this section shall authorize the installation and use of a: (i) Pen register or a trap and trace device for a period not to exceed sixty days; and (ii) a cell site simulator device for sixty days. An extension of the original order may only be granted upon: A new application for an order under subsection (3) of this section; and a showing that there is a probability that the information or items sought under this subsection are more likely to be obtained under the extension than under the original order. No extension beyond the first extension shall be granted unless: There is a showing that there is a high probability that the information or items sought under this subsection are much more likely to be obtained under the second or subsequent extension than under the original order; and there are extraordinary circumstances such as a direct and immediate danger of death or serious bodily injury to a law enforcement officer. The period of extension shall be for a period not to exceed sixty days.

An order authorizing or approving the installation and use of a pen register ((or a)), trap and trace device, or cell site simulator device shall direct that the order be sealed until otherwise ordered by the court and that the person owning or leasing the line to which the pen register ((or)), trap and trace device, and cell site simulator devices is attached or used, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register ((or)), trap and trace device, or cell site simulator device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.

(5) Upon the presentation of an order, entered under subsection (4) of this section, by an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in subsection (4) of this section.

Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in subsection (4) of this section. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

(6)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register ((or a)), trap and trace device, or cell site simulator device before an order authorizing such installation and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation and use, may have installed and use a pen register ((or)), trap and trace device, or cell site simulator device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with subsection (4) of this section. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register ((or)), trap and trace device, or cell site simulator device, whichever is earlier. If an order approving the installation or use is not obtained within forty-eight hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation or use by any law enforcement officer of a pen register ((or)), trap and trace device, or cell site simulator device pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter and be punishable as a gross misdemeanor. A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

(b) A law enforcement agency that authorizes the installation of a pen register ((or)), trap and trace device, or cell site simulator device under this subsection (6) shall file a monthly report with the administrator for the courts. The report shall indicate the number of authorizations made, the date and time of each authorization, whether a court authorization was sought within forty-eight hours, and whether a subsequent court authorization was granted.

(c) A law enforcement agency authorized to use a cell site simulator device in accordance with this section must: (i) Take all steps necessary to limit the collection of any information or metadata to the target specified in the applicable court order; (ii) take all steps necessary to permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and must not transmit, use, or retain such information or metadata for any purpose whatsoever; and (iii) must delete any information or metadata collected from the target specified in the court order within thirty days if there is no longer probable cause to support the belief that such information or metadata is evidence of a crime.

NEW SECTION.  Sec. 3.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

On page 1, line 2 of the title, after "warrant;" strike the remainder of the title and insert "amending RCW 9.73.260; adding a new section to chapter 9.73 RCW; and declaring an emergency."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1440 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

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

 

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

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1440, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

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

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1480 with the following amendment:

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 5.  A new section is added to chapter 46.16A RCW to read as follows:

(1) A trailer in good working order that has a scale weight of two thousand pounds or less and is used only for participation in club activities, exhibitions, tours, and parades, and for occasional pleasure use, is considered an intermittent-use trailer and may be issued a permanent registration. To be eligible to receive a permanent registration, the registered owner of the intermittent-use trailer must:

(a) Apply for a permanent registration with the department, county auditor or other agent, or subagent appointed by the director; and

(b) Pay the fee required under section 2 of this act.

(2) A trailer with a permanent registration under this section is exempt from annual registration renewal under RCW 46.16A.110.

(3) The permanent registration under this section expires when the trailer changes ownership, is permanently removed from the state, or is otherwise disposed of.

(4) A person in violation of this section is subject to a traffic infraction with a maximum fine of one hundred fifty dollars including all other applicable assessments and fees.

(5) An intermittent-use trailer:

(a) Must display a standard license plate;

(b) Is not eligible for personalization; and

(c) May not display a special license plate.

(6) In lieu of displaying a standard issue license plate required in subsection (5)(a) of this section, a person applying for a permanent registration under this section may apply to the department to display a license plate that was issued by the department the year that the intermittent-use trailer was manufactured.

(7) For purposes of this section, "occasional pleasure use" means use that is not general or daily, but seasonal or sporadic and not more than once per week on average. "Occasional pleasure use" does not mean (a) being held for rent to the public or (b) use for commercial or business purposes.

(8) The department may adopt rules to implement this section.

NEW SECTION.  Sec. 6.  A new section is added to chapter 46.17 RCW to read as follows:

Before accepting an application for a permanent registration authorized under section 1 of this act, the department, county auditor or other agent, or subagent appointed by the director must require an applicant to pay a one hundred eighty-seven dollar and fifty cent fee, which must be deposited and distributed under RCW 46.68.030.

Sec. 7.  RCW 46.18.220 and 2011 c 243 s 1 and 2011 c 171 s 70 are each reenacted and amended to read as follows:

(1) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a collector vehicle license plate for a motor vehicle or travel trailer that is at least thirty years old. The motor vehicle must be operated primarily as a collector vehicle and be in good running order. The applicant for the collector vehicle license plate shall:

(a) Purchase a registration for the motor vehicle or travel trailer as required under chapters 46.16A and 46.17 RCW; and

(b) Pay the special license plate fee established under RCW 46.17.220(1)(((d))) (f), in addition to any other fees or taxes required by law.

(2) A person applying for a collector vehicle license plate may:

(a) Receive a collector vehicle license plate assigned by the department; or

(b) Provide an actual Washington state issued license plate designated for general use in the year of the vehicle's manufacture.

(3) Collector vehicle license plates:

(a) Are valid for the life of the motor vehicle or travel trailer;

(b) Are not required to be renewed; and

(c) Must be displayed on the rear of the motor vehicle or travel trailer.

(4) A collector vehicle registered under this section may only be used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving.

(5) Collector vehicle license plates under subsection (2)(b) of this section may be transferred from one ((motor)) vehicle to another ((motor)) vehicle described in subsection (1) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.

(6) Any person who knowingly provides a false or facsimile license plate under subsection (2)(b) of this section is subject to a traffic infraction and fine in an amount equal to the monetary penalty for a violation of RCW 46.16A.200(7)(b). Additionally, the person must pay for the cost of a collector vehicle license plate as listed in RCW 46.17.220(1)(((d))) (f), unless already paid.

Sec. 8.  RCW 46.04.126 and 2009 c 142 s 2 are each amended to read as follows:

"Collector vehicle" means any motor vehicle or travel trailer that is ((more than)) at least thirty years old.

NEW SECTION.  Sec. 9.  This act takes effect January 1, 2017."

On page 1, line 1 of the title after "Relating to" strike the remainder of the title and insert "intermittent-use trailers; amending RCW 46.04.126; reenacting and amending RCW 46.18.220; adding a new section to chapter 46.16A RCW; adding a new section to chapter 46.17 RCW; prescribing penalties; and providing an effective date."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1480 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Holy and Clibborn 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. 1480, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1480, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1480, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 8, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1527 with the following amendment:

 

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

"Sec. 1.  RCW 15.58.233 and 2003 c 212 s 7 are each amended to read as follows:

(1) The director may renew any license issued under this chapter subject to the recertification standards identified in subsection (2) of this section or an examination requiring new knowledge that may be required to perform in those areas licensed.

(2) Except as provided in subsection (3) of this section, all individuals licensed under this chapter shall meet the recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.

(a) Individuals licensed under this chapter may qualify for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall accumulate a minimum of forty department-approved credits every five years with no more than fifteen credits allowed per year.

(b) Individuals licensed under this chapter may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which the licensee operates.

(3) At the termination of a licensee's five-year recertification period, the director ((may)) shall waive the recertification requirements if the licensee can demonstrate that he or she is meeting comparable recertification standards through:

(a) Another state or jurisdiction ((or through a federal environmental protection agency-approved government agency plan));

(b) A government agency plan that has been approved by the federal environmental protection agency; or

(c) A private entity that has been approved by the department. The department shall confer with private entities offering continuing education programs that include pest management credit accreditation and accumulation to develop an effective and efficient system to coordinate pest management credit accounting. The pest management credit accounting system must accord with the goals and other requirements of the department's pesticide license recertification program and this chapter. If the department and the private entity or entities agree on the substantive provisions of the system, the department shall develop an implementation strategy for private entities pursuing pesticide credit reciprocity. The department shall submit a report to the legislature on its collaborative efforts, pest management credit accounting system, and implementation strategy by December 31, 2015."

On page 1, line 4 of the title, after "act;" strike the remainder of the title and insert "and amending RCW 15.58.233."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1527 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Dent and Blake 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. 1527, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1527, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1527, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1586 with the following amendment:

 

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 47.76 RCW to read as follows:

(1) The department must transfer, at no cost, to the Port of Royal Slope the Royal Slope railroad right-of-way, and any materials, equipment, and supplies purchased as a part of the Royal Slope rehabilitation project (L1000053).

(2) The Port of Royal Slope must maintain the Royal Slope railroad right-of-way and contract with an operator to provide service.

(3)(a) If the Port of Royal Slope is unable to secure an operator for any continuous five-year period, the right-of-way and any materials, equipment, and remaining supplies revert to the department.

(b) If ownership of the right-of-way reverts to the department under this subsection, the property must be in at least substantially the same condition as when the right-of-way was initially transferred under this section.

(4) Any operator agreement entered into under this section must not limit the state's ability to enter into a franchise agreement on the rail line. If the state enters into such a franchise agreement, the agreement must allow any person operating on that rail line pursuant to a valid contract to continue to operate under the terms of the contract.

Sec. 2.  RCW 47.76.290 and 2011 c 161 s 2 are each amended to read as follows:

(1) If real property acquired by the department under this chapter that is essential for the operation of the rail service contemplated in RCW 47.76.280 is not sold or leased to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may sell or lease the property at fair market value, except as provided in section 1 of this act, to any of the following governmental entities or persons:

(a) Any other state agency;

(b) The city or county in which the property is situated;

(c) Any other municipal corporation;

(d) The former owner, heir, or successor of the property from whom the property was acquired; or

(e) Any abutting private owner or owners.

(2)(a) Real property acquired by the department under this chapter that is not essential for the operation of the rail service contemplated in RCW 47.76.280 may be leased or sold at fair market value, at any time following acquisition, to any entity or person in the following priority order:

(i) The current tenant or lessee of the real property or real property abutting the property being sold;

(ii) An abutting private owner, but only after each other abutting private owner, if any, as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests in writing the right to purchase the real property within fifteen days after receiving notice of the proposed sale, the real property must be sold at public auction in the manner provided in RCW 47.76.320 (2) through (4);

(iii) Any other state agency;

(iv) The city or county in which the real property is situated;

(v) Any other municipal corporation; or

(vi) The former owner, heir, or successor of the real property from whom the real property was acquired.

(b) If the department intends to sell or lease property under this subsection to an entity or person that is not the entity or person with the highest priority status under this subsection, the department must give written notice to each entity or person with higher priority status under this subsection that is reasonably considered to have an interest in the property. The entity with the highest priority status, willing to enter into a sale or lease at fair market value, must be given right of first refusal to buy or lease the property.

(3) Notice of intention to sell under this section shall be given by publication in one or more newspapers of general circulation in the area in which the property is situated not less than thirty days prior to the intended date of sale.

(4) Sales to purchasers under this section may, at the department's option, be for cash or by real estate contract, except that any such property of the Palouse River and Coulee City rail lines that was purchased with bond proceeds in November 2004 may be sold only for cash at fair market value.

(5) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.

(6) All moneys received under this section shall be deposited in the essential rail assistance account created in RCW 47.76.250. Any moneys deposited under this subsection from sales or leases of property that are related, in any way, to the Palouse River and Coulee City rail lines must be used and, in the case of moneys received from sales, expended within two years of receipt, only for the refurbishment or improvement of the Palouse River and Coulee City rail lines.

NEW SECTION.  Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

On page 1, line 1 of the title, after "railroad;" strike the remainder of the title and insert "amending RCW 47.76.290; adding a new section to chapter 47.76 RCW; and declaring an emergency."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1586 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Manweller and Clibborn 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. 1586, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1586, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1586, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 8, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1625 with the following amendment:

 

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 18.64 RCW to read as follows:

A pharmacy that is licensed under this chapter and operated by a hospital that is licensed under chapter 70.41 RCW may provide drugs to ambulance or aid services that are licensed under RCW 18.73.130 for use associated with providing emergency medical services to patients if the following conditions are met:

(1) The hospital is located in the same or an adjacent county to the county in which the ambulance or aid service operates;

(2) A medical program director of an ambulance or aid service has requested drugs from the hospital per agreed protocol. A medical program director may only request drugs that:

(a) Are relevant to the level of service provided by the ambulance or aid service and the training of its emergency medical personnel; and

(b) Are approved as part of the ambulance or aid service prehospital patient care protocols for use by emergency medical personnel in the county in which the ambulance or aid service is located; and

(3) The provision of the drugs by the pharmacy is not contingent upon arrangements for the transport of patients to the hospital that operates the pharmacy for reasons other than the consideration of patients' medical needs and any patient care procedures.

NEW SECTION.  Sec. 2.  A new section is added to chapter 70.168 RCW to read as follows:

(1) The emergency medical services and trauma care steering committee established in RCW 70.168.020 shall consider the use of the following medications by emergency medical technicians certified under chapter 18.73 RCW:

(a) Hydrocortisone sodium succinate or similar medications for the treatment of adrenal insufficiency; and

(b) Glucagon emergency kits.

(2) The review shall consider:

(a) The adequacy of current training for emergency medical technicians to administer the medications in subsection (1) of this section;

(b) The feasibility of supplementing the training of emergency medical technicians on either a statewide basis or a local basis to administer the medications in subsection (1) of this section;

(c) The costs and the likely utilization of stocking ambulances with the medications in subsection (1) of this section; and

(d) Options for localized solutions to specific community needs for the medications in subsection (1) of this section where only basic life support services are available, including needs that may arise in a school setting.

(3) The steering committee may appoint a work group to develop a draft report to present to the full steering committee, prior to the full steering committee adopting its report.

(4) By December 15, 2015, the steering committee shall report to the governor and the appropriate committees of the legislature. The report shall summarize the review of the topics in subsection (2) of this section and any policy recommendations related to the review. The report shall include any available data related to the frequency of incidents requiring the administration of medications in subsection (1) of this section.

(5) This section expires June 30, 2016."

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding a new section to chapter 18.64 RCW; adding a new section to chapter 70.168 RCW; and providing an expiration date."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1625 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Schmick and Cody 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. 1625, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1625, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1625, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1636 with the following amendment:

 

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

"NEW SECTION.  Sec. 1.  This act may be known and cited as the state disability employment parity act.

NEW SECTION.  Sec. 2.  The legislature finds that eleven percent of working age adults and thirteen percent of the state's total population consists of persons with disabilities, that persons with disabilities suffer significantly higher rates of unemployment and underemployment than in the general population, and that representation of disabled persons in the state workforce has declined in recent years, but has increased during the last year. The legislature further finds that there is no policy similar to Schedule A in the federal civil service system for priority hiring of persons with disabilities. Therefore, the legislature intends to increase the hiring of persons with disabilities in the state workforce.

NEW SECTION.  Sec. 3.  A new section is added to chapter 43.41 RCW to read as follows:

(1) By January 31st of each year, state agencies employing one hundred or more people must submit the report described in subsection (2) of this section to the human resources director, with copies to the director of the department of social and health services' division of vocational rehabilitation and the governor's disability employment task force.

(2) The report must include the following information:

(a) The number of employees from the previous calendar year;

(b) The number of employees classified as individuals with disabilities;

(c) The number of employees that separated from the state agency the previous year;

(d) The number of employees that were hired by the state agency the previous year;

(e) The number of employees hired from the division of vocational rehabilitation services and from the department of the services for the blind the previous year;

(f) The number of planned hires for the current year; and

(g) Opportunities for internships for the department of social and health services' division of vocational rehabilitation and developmental disabilities administration, and the department of the services for the blind client placement, leading to an entry-level position placement upon successful completion for the current year."

On page 1, line 2 of the title, after "agencies;" strike the remainder of the title and insert "adding a new section to chapter 43.41 RCW; and creating new sections."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1636 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives MacEwen and S. Hunt 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. 1636, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1636, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1636, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed SUBSTITUTE HOUSE BILL NO. 1898 with the following amendment:

 

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

"NEW SECTION.  Sec. 1.  (1) The legislature finds that RCW 9A.44.150, which allows testimony of child victims by closed-circuit television in certain cases, helps protect certain child witnesses. During the prosecution of many child abuse cases, child victims may suffer serious emotional and mental trauma from exposure to the abuser. Some of these child victims are unable to testify at all in the presence of the abuser. For these reasons, the legislature found it a compelling state interest to allow for remote testimony in certain cases to enhance the truth-seeking process and to shield child victims from trauma.

(2) The legislature further finds that while there is a possibility for certain child victims to testify remotely in some cases, this procedure is rarely used. The legislature intends to raise awareness regarding this procedure by including it in training materials for investigating and prosecuting sexual assault cases.

Sec. 2.  RCW 43.101.270 and 1991 c 267 s 2 are each amended to read as follows:

(1) Each year the criminal justice training commission shall offer an intensive, integrated training session on investigating and prosecuting sexual assault cases. The training shall place particular emphasis on the development of professionalism and sensitivity towards the victim and the victim's family.

(2) The commission shall seek advice from the Washington association of prosecuting attorneys, the Washington defender association, the Washington association of sheriffs and police chiefs, and the Washington coalition of sexual assault programs.

(3) The training shall be an integrated approach to sexual assault cases so that prosecutors, law enforcement, defenders, and victim advocates can all benefit from the training.

(4) The training shall be self-supporting through fees charged to the participants of the training.

(5) The training shall include a reference to the possibility that a court may allow children under the age of fourteen to testify in a room outside the presence of the defendant and the jury pursuant to RCW 9A.44.150.

NEW SECTION.  Sec. 3.  A new section is added to chapter 43.101 RCW to read as follows:

The criminal justice training commission shall annually survey law enforcement and prosecuting agencies regarding, with respect to the preceding year: (1) The frequency of cases where children under the age of fourteen have elected not to testify, including the reasons for the election not to testify; (2) the number of cases where remote testimony pursuant to RCW 9A.44.150 was used and whether those cases resulted in conviction; and (3) the total number of child sexual abuse cases referred for prosecution and the number of those cases that were prosecuted. The results of the survey described in this section must be reported every other year to the appropriate committees of the legislature with an initial reporting date of December 1, 2015."

On page 1, line 1 of the title, after "victims;" strike the remainder of the title and insert "amending RCW 43.101.270; adding a new section to chapter 43.101 RCW; and creating a new section."

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to SUBSTITUTE HOUSE BILL NO. 1898 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Ortiz-Self and Shea 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. 1898, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1898, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

SUBSTITUTE HOUSE BILL NO. 1898, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

March 25, 2015

Mr. Speaker:

 

The Senate has passed ENGROSSED HOUSE BILL NO. 1989 with the following amendment:

 

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 35.21 RCW to read as follows:

(1) Any municipality may elect to contract for asset management service of its water storage assets in accordance with this section. If a municipality elects to contract under this subsection for all, some, or one component of water storage asset management services for its water storage assets, each municipality shall publish notice of its requirements to procure asset management service of its water storage assets. The announcement must concisely state the scope and nature of the water storage asset management service for which a contract is required and encourage firms to submit proposals to meet these requirements. If a municipality chooses to negotiate a water storage asset management service contract under this section, no otherwise applicable statutory procurement requirement applies.

(2) The municipality may negotiate a fair and reasonable water storage asset management service contract with the firm that submits the best proposal based on criteria that is established by the municipality.

(3) If the municipality is unable to negotiate a satisfactory water storage asset management service contract with the firm that submits the best proposal, negotiations with that firm must formally be terminated and the municipality may select another firm in accordance with this section and continue negotiation until a water storage asset management service contract is reached or the selection process is terminated.

(4) For the purposes of this section:

(a) "Water storage asset management services" means the financing, designing, improving, operating, maintaining, repairing, testing, inspecting, cleaning, administering, or managing, or any combination thereof, of a water storage asset.

(b) "Water storage asset" means water storage structures and associated distribution systems, such as the water tank, tower, well, meter, or water filter."

On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "and adding a new section to chapter 35.21 RCW."

 

and the same is herewith transmitted.

Pablo G. Campos, Deputy Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to ENGROSSED HOUSE BILL NO. 1989 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Dent and Takko spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1989, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Engrossed House Bill No. 1989, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

ENGROSSED HOUSE BILL NO. 1989, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

MESSAGE FROM THE SENATE

April 13, 2015

Mr. Speaker:

 

The Senate has passed HOUSE BILL NO. 2055 with the following amendment:

 

0)  On page 4, line 12, after "arguments" insert "including arguments from persons advocating and opposing the measure"

 

and the same is herewith transmitted.

Hunter G. Goodman, Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2055 and advanced the bill as amended by the Senate to final passage.

 

FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED

 

      Representatives Johnson and S. Hunt 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. 2055, as amended by the Senate.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2055, as amended by the Senate, and the bill passed the House by the following vote:  Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Representatives Gregory and Rodne.

 

HOUSE BILL NO. 2055, as amended by the Senate, having received the necessary constitutional majority, was declared passed.

 

The Speaker assumed the chair.

 

SIGNED BY THE SPEAKER

 

The Speaker signed the following bills:

 

SENATE BILL NO. 5032

SUBSTITUTE SENATE BILL NO. 5059

SUBSTITUTE SENATE BILL NO. 5156

SECOND SUBSTITUTE SENATE BILL NO. 5215

SUBSTITUTE SENATE BILL NO. 5268

SUBSTITUTE SENATE BILL NO. 5293

SECOND SUBSTITUTE SENATE BILL NO. 5311

SUBSTITUTE SENATE BILL NO. 5322

SENATE BILL NO. 5464

SENATE BILL NO. 5482

SECOND SUBSTITUTE SENATE BILL NO. 5486

SUBSTITUTE SENATE BILL NO. 5488

SENATE BILL NO. 5793

SENATE BILL NO. 5881

SUBSTITUTE SENATE BILL NO. 5897

SENATE BILL NO. 5974

SUBSTITUTE SENATE BILL NO. 5999

HOUSE BILL NO. 1004

SUBSTITUTE HOUSE BILL NO. 1063

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1078

HOUSE BILL NO. 1090

SUBSTITUTE HOUSE BILL NO. 1127

SUBSTITUTE HOUSE BILL NO. 1132

SUBSTITUTE HOUSE BILL NO. 1138

SUBSTITUTE HOUSE BILL NO. 1145

SUBSTITUTE HOUSE BILL NO. 1184

SUBSTITUTE HOUSE BILL NO. 1194

HOUSE BILL NO. 1232

HOUSE BILL NO. 1259

HOUSE BILL NO. 1263

HOUSE BILL NO. 1268

HOUSE BILL NO. 1282

HOUSE BILL NO. 1308

HOUSE BILL NO. 1309

SUBSTITUTE HOUSE BILL NO. 1319

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1410

SUBSTITUTE HOUSE BILL NO. 1496

HOUSE BILL NO. 1531

HOUSE BILL NO. 1601

SUBSTITUTE HOUSE BILL NO. 1604

SUBSTITUTE HOUSE BILL NO. 1617

HOUSE BILL NO. 1627

ENGROSSED HOUSE BILL NO. 1633

HOUSE BILL NO. 1641

HOUSE BILL NO. 1674

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1695

HOUSE BILL NO. 1706

SUBSTITUTE HOUSE BILL NO. 1721

SUBSTITUTE HOUSE BILL NO. 1727

ENGROSSED HOUSE BILL NO. 1890

HOUSE BILL NO. 2007

SUBSTITUTE HOUSE BILL NO. 2021

ENGROSSED HOUSE BILL NO. 2190

HOUSE BILL NO. 1179

SUBSTITUTE HOUSE BILL NO. 1337

HOUSE BILL NO. 1431

SUBSTITUTE HOUSE BILL NO. 1516

SUBSTITUTE HOUSE BILL NO. 1575

HOUSE BILL NO. 1817

HOUSE BILL NO. 1884

SUBSTITUTE HOUSE BILL NO. 1045

HOUSE BILL NO. 1047

HOUSE BILL NO. 1077

HOUSE BILL NO. 1168

SUBSTITUTE HOUSE BILL NO. 1223

HOUSE BILL NO. 1279

SUBSTITUTE HOUSE BILL NO. 1564

HOUSE BILL NO. 1779

SUBSTITUTE HOUSE BILL NO. 1851

SUBSTITUTE HOUSE BILL NO. 1919

HOUSE BILL NO. 1977

SECOND SUBSTITUTE HOUSE BILL NO. 2063

SENATE BILL NO. 5075

SENATE BILL NO. 5101

SENATE BILL NO. 5104

SENATE BILL NO. 5120

SENATE BILL NO. 5122

SENATE BILL NO. 5210

SUBSTITUTE SENATE BILL NO. 5275

SENATE BILL NO. 5302

SENATE BILL NO. 5466

ENGROSSED SENATE BILL NO. 5577

SENATE BILL NO. 5717

SUBSTITUTE SENATE BILL NO. 5795

SENATE BILL NO. 5805

ENGROSSED SUBSTITUTE SENATE BILL NO. 5810

SUBSTITUTE SENATE BILL NO. 5933

SECOND SUBSTITUTE SENATE BILL NO. 5052

SENATE BILL NO. 5300

SUBSTITUTE SENATE BILL NO. 5591

SENATE BILL NO. 5606

SENATE BILL NO. 5638

SENATE BILL NO. 5662

SENATE BILL NO. 5757

SENATE BILL NO. 5760

ENGROSSED SUBSTITUTE SENATE BILL NO. 5803

SUBSTITUTE SENATE BILL NO. 5824

SUBSTITUTE SENATE BILL NO. 5887

SENATE JOINT MEMORIAL NO. 8012

SENATE BILL NO. 5119

SENATE BILL NO. 5121

SENATE BILL NO. 5249

SECOND SUBSTITUTE SENATE BILL NO. 5404

SUBSTITUTE SENATE BILL NO. 5448

SUBSTITUTE SENATE BILL NO. 5518

SENATE BILL NO. 5768

The Speaker called upon Representative Springer to preside.

 

MESSAGE FROM THE SENATE

April 8, 2015

 

MR. SPEAKER:

 

The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1671, with the following amendment(s): 

 

 Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature intends to reduce the number of lives lost to drug overdoses by encouraging the prescription, dispensing, and administration of opioid overdose medications.

(2) Overdoses of opioids, such as heroin and prescription painkillers, cause brain injury and death by slowing and eventually stopping a person's breathing. Since 2012, drug poisoning deaths in the United States have risen six percent, and deaths involving heroin have increased a staggering thirty-nine percent. In Washington state, the annual number of deaths involving heroin or prescription opiates increased from two hundred fifty-eight in 1995 to six hundred fifty-one in 2013. Over this period, a total of nine thousand four hundred thirty-nine people died from opioid-related drug overdoses. Opioid-related drug overdoses are a statewide phenomenon.

(3) When administered to a person experiencing an opioid-related drug overdose, an opioid overdose medication can save the person's life by restoring respiration. Increased access to opioid overdose medications reduced the time between when a victim is discovered and when he or she receives lifesaving assistance. Between 1996 and 2010, lay people across the country reversed over ten thousand overdoses.

(4) The legislature intends to increase access to opioid overdose medications by permitting health care practitioners to administer, prescribe, and dispense, directly or by collaborative drug therapy agreement or standing order, opioid overdose medication to any person who may be present at an overdose - law enforcement, emergency medical technicians, family members, or service providers - and to permit those individuals to possess and administer opioid overdose medications prescribed by an authorized health care provider.

NEW SECTION.  Sec. 2.  A new section is added to chapter 69.41 RCW to read as follows:

(1)(a) A practitioner may prescribe, dispense, distribute, and deliver an opioid overdose medication: (i) Directly to a person at risk of experiencing an opioid-related overdose; or (ii) by collaborative drug therapy agreement, standing order, or protocol to a first responder, family member, or other person or entity in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription or protocol order is issued for a legitimate medical purpose in the usual course of professional practice.

(b) At the time of prescribing, dispensing, distributing, or delivering the opioid overdose medication, the practitioner shall inform the recipient that as soon as possible after administration of the opioid overdose medication, the person at risk of experiencing an opioid-related overdose should be transported to a hospital or a first responder should be summoned.

(2) A pharmacist may dispense an opioid overdose medication pursuant to a prescription issued in accordance with this section and may administer an opioid overdose medication to a person at risk of experiencing an opioid-related overdose. At the time of dispensing an opioid overdose medication, a pharmacist shall provide written instructions on the proper response to an opioid-related overdose, including instructions for seeking immediate medical attention.

(3) Any person or entity may lawfully possess, store, deliver, distribute, or administer an opioid overdose medication pursuant to a prescription or order issued by a practitioner in accordance with this section.

(4) The following individuals, if acting in good faith and with reasonable care, are not subject to criminal or civil liability or disciplinary action under chapter 18.130 RCW for any actions authorized by this section or the outcomes of any actions authorized by this section:

(a) A practitioner who prescribes, dispenses, distributes, or delivers an opioid overdose medication pursuant to subsection (1) of this section;

(b) A pharmacist who dispenses an opioid overdose medication pursuant to subsection (2) of this section;

(c) A person who possesses, stores, distributes, or administers an opioid overdose medication pursuant to subsection (3) of this section.

(5) For purposes of this section, the following terms have the following meanings unless the context clearly requires otherwise:

(a) "First responder" means: (i) A career or volunteer firefighter, law enforcement officer, paramedic as defined in RCW 18.71.200, or first responder or emergency medical technician as defined in RCW 18.73.030; and (ii) an entity that employs or supervises an individual listed in (a)(i) of this subsection, including a volunteer fire department.

(b) "Opioid overdose medication" means any drug used to reverse an opioid overdose that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. It does not include intentional administration via the intravenous route.

(c) "Opioid-related overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death that: (i) Results from the consumption or use of an opioid or another substance with which an opioid was combined; or (ii) a lay person would reasonably believe to be an opioid-related overdose requiring medical assistance.

(d) "Practitioner" means a health care practitioner who is authorized under RCW 69.41.030 to prescribe legend drugs.

(e) "Standing order" or "protocol" means written or electronically recorded instructions, prepared by a prescriber, for distribution and administration of a drug by designated and trained staff or volunteers of an organization or entity, as well as other actions and interventions to be used upon the occurrence of clearly defined clinical events in order to improve patients' timely access to treatment.

Sec. 3.  RCW 69.41.040 and 2003 c 53 s 324 are each amended to read as follows:

(1) A prescription, in order to be effective in legalizing the possession of legend drugs, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such legend drugs. Except as provided in section 2 of this act, an order purporting to be a prescription issued to a drug abuser or habitual user of legend drugs, not in the course of professional treatment, is not a prescription within the meaning and intent of this section; and the person who knows or should know that he or she is filling such an order, as well as the person issuing it, may be charged with violation of this chapter. A legitimate medical purpose shall include use in the course of a bona fide research program in conjunction with a hospital or university.

(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.

Sec. 4.  RCW 69.50.315 and 2010 c 9 s 2 are each amended to read as follows:

(1)(((a))) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance.

(((b) A person acting in good faith may receive a naloxone prescription, possess naloxone, and administer naloxone to an individual suffering from an apparent opiate-related overdose.))

(2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.

(3) The protection in this section from prosecution for possession crimes under RCW 69.50.4013 shall not be grounds for suppression of evidence in other criminal charges.

NEW SECTION.  Sec. 5.  (1)(a) A legislative task force on opioid addiction is established, with members as provided in this subsection.

(i) The secretary of the senate shall appoint two members from each of the two largest caucuses of the senate;

(ii) The speaker of the house of representatives shall appoint two members from each of the two largest caucuses of the house of representatives;

(iii) The secretary of the senate and the speaker of the house of representatives shall appoint two members of the public who have experience or training relating to opioid addiction issues, this may include a person or persons with personal or family experience relating to opioid addiction;

(iv) The governor shall appoint one member from the department of social and health services' behavioral health services integration administration;

(v) The governor shall appoint one member from the University of Washington's alcohol and drug abuse institute; and

(vi) The governor shall appoint one member from the division of secondary education within the office of the superintendent of public instruction.

(b) The task force shall choose its chair or cochairs from among its legislative membership. The person appointed to represent the department of social and health services' behavioral health services integration administration shall convene the initial meeting of the task force.

(2) The task force shall review the following:

(a) Ways to increase access to opioid antagonists to prevent opioid-related overdose deaths throughout the state;

(b) Issues related to addiction, including causes of addiction, stigma related to addiction, and access to treatment for addiction;

(c) Educational efforts to reduce and to ultimately end minor use of opioids; and

(d) Other addiction issues deemed appropriate by the task force.

(3) Staff support for the task force must be provided by the senate committee services and the house of representatives office of program research.

(4) Legislative members of the task force must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(5) The expenses of the task force must be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

(6) This section expires August 1, 2017.

NEW SECTION.  Sec. 6.  RCW 18.130.345 (Naloxone—Administering, dispensing, prescribing, purchasing, acquisition, possession, or use—Opiate-related overdose) and 2010 c 9 s 3 are each repealed."

On page 1, line 2 of the title, after "deaths;" strike the remainder of the title and insert "amending RCW 69.41.040 and 69.50.315; adding a new section to chapter 69.41 RCW; creating new sections; repealing RCW 18.130.345; and providing an expiration date."

 

and the same is herewith transmitted.

Hunter G. Goodman Secretary

 

SENATE AMENDMENT TO HOUSE BILL

 

There being no objection, the House refused to concur in the Senate amendment to ESHB 1671 and asked the Senate to recede therefrom.

 

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

 

There being no objection, the House adjourned until 9:55 a.m., April 17, 2015, the 96th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk

 

 




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Other Action......................................................................................... 1

Messages.............................................................................................. 1

2063-S2

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

2190

Speaker Signed..................................................................................... 1

5032

Speaker Signed..................................................................................... 1

5052-S2

Speaker Signed..................................................................................... 1

5059-S

Speaker Signed..................................................................................... 1

5075

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5101

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5104

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5119

Speaker Signed..................................................................................... 1

5120

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5121

Speaker Signed..................................................................................... 1

5122

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5156-S

Speaker Signed..................................................................................... 1

5210

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5215-S2

Speaker Signed..................................................................................... 1

5249

Speaker Signed..................................................................................... 1

5268-S

Speaker Signed..................................................................................... 1

5275-S

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5293-S

Speaker Signed..................................................................................... 1

5300

Speaker Signed..................................................................................... 1

5302

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5311-S2

Speaker Signed..................................................................................... 1

5322-S

Speaker Signed..................................................................................... 1

5404-S2

Speaker Signed..................................................................................... 1

5448-S

Speaker Signed..................................................................................... 1

5449-S2

Messages.............................................................................................. 1

5464

Speaker Signed..................................................................................... 1

5466

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5482

Speaker Signed..................................................................................... 1

5486-S2

Speaker Signed..................................................................................... 1

5488-S

Speaker Signed..................................................................................... 1

5518-S

Speaker Signed..................................................................................... 1

5577

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5591-S

Speaker Signed..................................................................................... 1

5606

Speaker Signed..................................................................................... 1

5638

Speaker Signed..................................................................................... 1

5662

Speaker Signed..................................................................................... 1

5717

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5757

Speaker Signed..................................................................................... 1

5760

Speaker Signed..................................................................................... 1

5768

Speaker Signed..................................................................................... 1

5793

Speaker Signed..................................................................................... 1

5795-S

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5803-S

Speaker Signed..................................................................................... 1

5805

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5810-S

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5824-S

Speaker Signed..................................................................................... 1

5881

Speaker Signed..................................................................................... 1

5887-S

Speaker Signed..................................................................................... 1

5897-S

Speaker Signed..................................................................................... 1

5933-S

Speaker Signed..................................................................................... 1

Messages.............................................................................................. 1

5974

Speaker Signed..................................................................................... 1

5999-S

Speaker Signed..................................................................................... 1

8012

Speaker Signed..................................................................................... 1

HOUSE OF REPRESENTATIVES(Representative Moeller presiding)

Point of Order   Representative Bergquist   Scope 1240-S (Senate amendment).................................................................................... 1

Point of Order   Representative Bergquist   Scope 1283-S (Senate amendment).................................................................................... 1

Point of Order   Representative Bergquist   Scope 1316-S (Senate amendment).................................................................................... 1

SPEAKER OF THE HOUSE(Representative Moeller presiding)

Speaker’s Ruling   Scope   1240-S   Point well taken.......................... 1

Speaker’s Ruling   Scope   1283-S   Point well taken.......................... 1

Speaker’s Ruling   Scope   1316-S   Point well taken.......................... 1