Washington 2023-2024 Regular Session Status: Enacted Bipartisan · 5 D · 1 R cosponsors

HB 1491 — Prohibiting unjustified employer searches of employee personal vehicles.

Last action — Effective date 7/23/2023.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

34 added · 59 removed

Plain-language change summary

The amendment to HB 1491 introduces provisions that clarify employer policies on drug use, specifically allowing for searches of personal vehicles by the employer if there is probable cause. It also adds a section that mandates investigations into complaints about violations of these policies, with the potential for civil penalties against employers for non-compliance. This is important because it aims to protect employees' rights while ensuring that employers adhere to fair practices regarding drug searches and employee treatment.

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H-1316.2 SUBSTITUTE HOUSE BILL 1491 State of Washington 68th Legislature 2023 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Orcutt, Chapman, Berry, Bronoske, Tharinger, and Pollet) READ FIRST TIME 02/17/23.
H-0219.1 HOUSE BILL 1491 State of Washington 68th Legislature 2023 Regular Session By Representatives Orcutt, Chapman, Berry, Bronoske, Tharinger, and Pollet Read first time 01/20/23.
Referred to Committee on Labor & Workplace Standards.
1 SHB 1491 (c) When a reasonable person would believe that accessing vehicles of an employee is necessary to prevent an immediate threat to human health, life, or safety;
1 HB 1491 (c) When a reasonable person would believe that accessing vehicles of an employee is necessary to prevent an immediate threat to human health, life, or safety;
The employee's consent must be given immediately prior to the search, and the employer may not require that the employee waive consent as a condition of employment.
For purposes of this subsection, the employer's policy must contain a notice to employees that personal vehicles may be subject to search based on probable cause.
The department may adopt rules to further define these terms.
(4) An employer may not take any adverse action against an employee for exercising any right under this section.
An adverse action means any action taken or threatened by an employer against an employee for exercising the employee's rights under this section, and may include, but are not limited to:
(a) Denying the use of, or delaying, wages or other amounts owed to the employee;
(b) Terminating, suspending, demoting, or denying a promotion;
(c) Reducing the number of work hours for which the employee is scheduled;
(d) Altering the employee's preexisting work schedule;
(e) Reducing the employee's rate of pay;
and (f) Threatening to take, or taking, action based upon the immigration status of an employee or an employee's family member.
p.
(1) Upon complaint by an employee, the director must investigate to determine whether an employer has violated section 1 of this act.
2 SHB 1491 (1) Upon complaint by an employee, the director must investigate to determine whether an employer has violated section 1 of this act.
(3) For any violation of section 1(4) of this act, the director may also order appropriate relief that includes any earnings the employee did not receive due to the employer's adverse action, including interest of one percent per month on all earnings owed.
(3) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW.
The earnings and interest owed will be calculated from the first date earnings were owed to the employee.
p.
The director may also order the employer to restore the employee to the position of employment held by the employee when the retaliation occurred, or restore the employee to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment.
2 HB 1491 (4) The department must deposit civil penalties paid under this section in the supplemental pension fund created in RCW 51.44.033.
(4) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW.
(5) The department shall collect civil penalties and costs due under this section using the procedures in RCW 49.48.086.
(5) The department must deposit civil penalties paid under this section in the supplemental pension fund created in RCW 51.44.033.
(6) The department shall collect civil penalties and costs due under this section using the procedures in RCW 49.48.086.
This act takes effect July 1, 2024.
This act takes effect January 1, 2024.
3 SHB 1491
3 HB 1491
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Action History

  1. Effective date 7/23/2023.

  2. Chapter 252, 2023 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Passed final passage; yeas, 95; nays, 1; absent, 0; excused, 2.

  8. House concurred in Senate amendments.

  9. Third reading, passed; yeas, 45; nays, 4; absent, 0; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Placed on second reading by Rules Committee.

  13. Passed to Rules Committee for second reading.

  14. Minority; without recommendation.

  15. WM - Majority; do pass with amendment(s).

  16. Executive action taken in the Senate Committee on Ways & Means at 10:00 AM.

  17. Public hearing in the Senate Committee on Ways & Means at 12:45 PM.

  18. Referred to Ways & Means.

  19. And refer to Ways & Means.

  20. LC - Majority; do pass.

  21. Executive action taken in the Senate Committee on Labor & Commerce at 8:00 AM.

  22. Public hearing in the Senate Committee on Labor & Commerce at 8:00 AM.

  23. First reading, referred to Labor & Commerce.

  24. Third reading, passed; yeas, 87; nays, 10; absent, 0; excused, 1.

  25. Rules suspended. Placed on Third Reading.

  26. 2nd substitute bill substituted (APP 23).

  27. Rules Committee relieved of further consideration. Placed on second reading.

  28. Referred to Rules 2 Review.

  29. APP - Majority; 2nd substitute bill be substituted, do pass.

  30. Executive action taken in the House Committee on Appropriations at 9:00 AM.

  31. Public hearing in the House Committee on Appropriations at 9:00 AM.

  32. Referred to Appropriations.

  33. LAWS - Majority; 1st substitute bill be substituted, do pass.

  34. Executive action taken in the House Committee on Labor & Workplace Standards at 8:00 AM.

  35. Public hearing in the House Committee on Labor & Workplace Standards at 8:00 AM.

  36. First reading, referred to Labor & Workplace Standards.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 145 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage as Amended by the Senate (#21)

Passed 95 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 29100
Democrat 55002
Unaffiliated 11000
Total 95102
% of votes cast 97%1%0%2%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Yea
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Yea
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Not Voting
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Not Voting
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Nay
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

3rd Reading & Final Passage as Amended by the Senate (#30)

Passed 45 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 14200
Democrat 20200
Total 45400
% of votes cast 92%8%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Nay
Manka Dhingra Democrat Yea
Marko Liias Democrat Nay
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

3rd Reading & Final Passage (#3)

Passed 87 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 26400
Democrat 55101
Unaffiliated 6500
Total 871001
% of votes cast 89%10%0%1%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Nay
Cheney — Nay
Chopp — Yea
Hutchins — Nay
Kretz — Yea
Maycumber — Yea
Mosbrucker — Nay
Robertson — Yea
Sandlin — Nay
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Not Voting
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Nay
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Nay
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Nay
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 1491?
HB 1491 is sponsored by Gerry Pollet (Democrat), Steve Tharinger (Democrat), Dan Bronoske (Democrat), Liz Berry (Democrat), Mike Chapman (Democrat), and Ed Orcutt (Republican).
What is the current status of HB 1491?
This bill has been enacted into law. Introduced January 20, 2023. Enacted.
Where can I track HB 1491?
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