CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5318

Chapter 290, Laws of 2009

(partial veto)

61st Legislature
2009 Regular Session

TRANSFER OF NEWBORN CHILDREN--LOCATIONS

EFFECTIVE DATE: 07/26/09

Passed by the Senate April 20, 2009 YEAS 40 NAYS 7 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 7, 2009 YEAS 93 NAYS 5 FRANK CHOPP ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5318 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary
Approved April 30, 2009, 10:44 a.m., with the exception of Section 2 which is vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington		FILED May 1, 2009 Secretary of State State of Washington

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SUBSTITUTE SENATE BILL 5318
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AS AMENDED BY THE HOUSE
Passed Legislature - 2009 Regular Session

State of Washington

61st Legislature

2009 Regular Session

By Senate Human Services & Corrections (originally sponsored by Senators Kauffman, Kohl-Welles, Keiser, Jarrett, and Franklin)

READ FIRST TIME 02/25/09.

AN ACT Relating to adding additional appropriate locations for the transfer of newborn children; amending RCW 13.34.360; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 13.34.360 and 2002 c 331 s 2 are each amended to read as follows:
     (1) For purposes of this section:
     (a) "Appropriate location" means (i) the emergency department of a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation; ((or)) (ii) a fire station during its hours of operation and while fire personnel are present; or (iii) a federally designated rural health clinic during its hours of operation.
     (b) "Newborn" means a live human being who is less than seventy-two hours old.
     (c) "Qualified person" means (i) any person that the parent transferring the newborn reasonably believes is a bona fide employee, volunteer, or medical staff member of the hospital or federally designated rural health clinic and who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs; or (ii) a firefighter, volunteer, or emergency medical technician at a fire station who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs.
     (2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under RCW 9A.42.060, 9A.42.070, 9A.42.080, 26.20.030, or 26.20.035.
     (3)(a) The qualified person at an appropriate location shall not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
     (b) The qualified person at an appropriate location shall attempt to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent to anonymously give the qualified person such information as the parent knows about the family medical history of the parents and the newborn. The qualified person at an appropriate location shall provide referral information about adoption options, counseling, appropriate medical and emotional aftercare services, domestic violence, and legal rights to the parent seeking to transfer the newborn.
     (c) If a parent of a newborn transfers the newborn to a qualified person at an appropriate location pursuant to this section, the qualified person shall cause child protective services to be notified within twenty-four hours after receipt of such a newborn. Child protective services shall assume custody of the newborn within twenty-four hours after receipt of notification.
     (d) A federally designated rural health clinic is not required to provide ongoing medical care of a transferred newborn beyond that already required by law and may transfer the newborn to a hospital licensed under chapter 70.41 RCW. The federally designated rural health clinic shall notify child protective services of the transfer of the newborn to the hospital.
     (e) A hospital, federally designated rural health clinic, or fire station, its employees, volunteers, and medical staff are immune from any criminal or civil liability for accepting or receiving a newborn under this section.
     (4)(a) Beginning July 1, 2011, an appropriate location shall post a sign indicating that the location is an appropriate place for the safe and legal transfer of a newborn.
     (b) To cover the costs of acquiring and placing signs, appropriate locations may accept nonpublic funds and donations.

*NEW SECTION. Sec. 2 The department of social and health services shall collect and compile information concerning the number and medical condition of newborns transferred under RCW 13.34.360 after the effective date of this act and the number and medical condition of newborns abandoned within the state who were not transferred under RCW 13.34.360 after the effective date of this act. The department shall report its findings to the legislature annually, beginning on January 1, 2011.
*Sec. 2 was vetoed. See message at end of chapter.

         Passed by the Senate April 20, 2009.
         Passed by the House April 7, 2009.
         Approved by the Governor April 30, 2009, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 1, 2009.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to Section 2, Substitute Senate Bill 5318 entitled:

     "AN ACT Relating to adding additional appropriate locations for the transfer of newborn children."

Section 2 of this bill requires the Department of Social and Health Services to collect and compile information, and to report annually to the Legislature beginning January 1, 2011 regarding the number and medical condition of newborns transferred at appropriate locations and newborns who are abandoned.

Legislators may well wish to request ad hoc reports from the department on this topic for the next few years to monitor the implementation of this legislation, but it is likely that, over time, the data in the report will not vary much from year to year. Legislative members and staff are likely to be uninterested in reading such a report even as the department must continue to produce it. I do not believe it is necessary to require this reporting requirement in statute.

For these reasons, I have vetoed Section 2 of Substitute Senate Bill 5318.

With the exception of Section 2, Substitute Senate Bill 5318 is approved."