AN ACT Relating to
international educational, cultural, and business exchanges; amending RCW
42.17.310; reenacting and amending RCW 43.79A.040; adding new sections to
chapter 43.07 RCW; adding a new chapter to Title 43 RCW; adding a new chapter
to Title 28B RCW; creating new sections; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. (1) The legislature finds
that:
(a) Educational,
cultural, and business exchange programs are important in developing mutually
beneficial relationships between Washington state and other countries;
(b) Enhanced
international trade, cultural, and educational opportunities are developed when
cities, counties, ports, and others establish sister relationships with their
counterparts in other countries;
(c) It is important to
the economic future of the state to promote international awareness and
understanding; and
(d) The state's economy
and economic well-being depend heavily on foreign trade and international
exchanges.
(2) The legislature
declares that the purpose of this act is to:
(a) Enhance Washington
state's ability to develop relationships and contacts throughout the world
enabling us to expand international education and trade opportunities for all
citizens of the state;
(b) Develop and
maintain an international data base of contacts in international trade markets;
(c) Encourage
outstanding international students who reside in countries with existing trade
relationships to attend Washington state's institutions of higher education;
and
(d) Encourage
Washington students to attend institutions of higher education located in
countries with existing trading relationships with Washington state.
PART I - CULTURAL EXCHANGE
COUNCIL
NEW SECTION. Sec.
1. The international
education and exchange council is created in the secretary of state's office.
The council is established as a public-private partnership. The purpose of the
council is to assist the governor, the legislature, elected state officials, state
and local agencies, educational institutions, businesses, and organizations
that foster international educational, business, and cultural exchanges as
these organizations and agencies attempt to implement and further develop
Washington's efforts to work with targeted trading partners and with
educational and trade organizations from outside the United States.
NEW SECTION. Sec.
2. (1) The initial members
of the council may include, but need not be limited to:
(a) Representatives
from the department of community, trade, and economic development; the
department of agriculture; the office of the secretary of state; and the
governor's office of protocol;
(b) Two members of the
house of representatives, one from each caucus, selected by the speaker of the
house of representatives;
(c) Two members of the
senate, one from each caucus, selected by the president of the senate;
(d) Representatives of
the common schools and public and private institutions of higher education;
(e) Representatives of
the business community who are working in state-international trade efforts;
(f) Representatives of
organizations dedicated to international trade and cultural exchanges; and
(g) Interested members
of the public selected by the secretary of state.
(2) The initial
nonlegislative members shall be selected by the governor and the secretary of
state.
(3) When the initial
board members leave the council, any replacements shall be selected by members
of the council.
NEW SECTION. Sec.
3. The duties of the council
may include, but need not be limited to:
(1) Advising the
governor, elected state officials, the legislature, and others as appropriate
on the needs of Washington state for international education and cultural
exchange opportunities;
(2) Assisting efforts
by state and local governments, business, education, and others to work with
businesses, governmental units, educational institutions, and organizations
outside the United States, with an emphasis on organizations, businesses,
agencies, and educational institutions in the countries that comprise
Washington's targeted trading partners;
(3) Promoting efforts
to enhance cultural, business, and educational exchange opportunities;
(4) Assisting the department
of community, trade, and economic development and the office of international
relations and protocol to provide information and assist local governments in
maintaining their established sister relationships in other countries;
(5) Assisting in
maintaining the data base on cultural exchange opportunities and state
residents who have participated in international exchanges;
(6) Monitoring the
implementation of the recommendations of the Washington task force on
international education and cultural exchanges; and
(7) Undertaking other
duties as assigned.
NEW SECTION. Sec.
4. The council may establish
a private, nonprofit corporation created specifically to foster international
educational, business, and cultural exchanges. Any such private, nonprofit
corporation must qualify as a tax-exempt, nonprofit corporation under section
501(c) of the federal internal revenue code.
NEW SECTION. Sec.
5. The secretary of state and
the council may accept gifts, grants, conveyances, bequests, and devises, of
real or personal property, or both, in trust or otherwise, and sell, lease,
exchange, invest, or expend these donations or the proceeds, rents, profits,
and income from the donations except as limited by the donor's terms. The
secretary of state shall adopt rules to govern and protect the receipt and
expenditure of the proceeds.
PART II - INTERNATIONAL TRADING PARTNERS
PROGRAM
NEW SECTION. Sec.
201. The legislature believes
that Washington state has hundreds of residents with expertise that they are
willing to share with developing international trade partners on a volunteer
basis. The legislature believes that by sharing their knowledge and skills,
these volunteers could enrich the lives of all Washingtonians by promoting
friendship and understanding between cultures, providing trained manpower
improving the lives of their friends overseas, and creating a positive
international image of Washington state.
NEW SECTION. Sec.
202. The secretary of state
may develop a pilot project to furnish developing international trading
partners with technical assistance, training, and expertise through services
provided by volunteers. The secretary of state shall establish appropriate
procedures to carry out the project. The secretary of state may appoint a
director of the project who serves at the pleasure of the secretary of state,
and appropriate staff as funding allows, however, the secretary of state is
responsible for the continuous supervision and general direction of the
project.
NEW SECTION. Sec.
203. (1) The secretary of
state may enroll residents of Washington state in the project. These residents,
referred to in this chapter as volunteers, shall be selected based on their
skills, expertise, and language proficiency, the technical, educational, or
training needs of the participating country, and other considerations deemed
relevant by the secretary of state to furthering the goals and purposes of the
project. The secretary of state shall consider for participation in the
program retired persons, students, and persons whose skills and backgrounds
will contribute to the success of the program. In carrying out this
subsection, there shall be no discrimination against any person based on race,
gender, creed, or color.
(2) Volunteers shall
not be deemed officers or employees of the state of Washington or otherwise in
the service or employment of, or holding office under, the state of Washington.
(3) The terms and
conditions of the enrollment, training, compensation, hours of work, benefits,
leave, termination, and all other conditions of service of volunteers shall be
exclusively those set forth by the terms of the project. Service as a
volunteer may be terminated at any time at the pleasure of the secretary of
state.
NEW SECTION. Sec.
204. (1) If funding is
available, volunteers may be provided with living, travel, and leave
allowances, and such housing, transportation, supplies, and equipment as the
secretary of state may deem necessary for their maintenance and to ensure their
health and their capacity to serve effectively. Transportation may be provided
to volunteers for travel to and from the country of service.
(2) The secretary of
state may establish policies regarding arrangements for spouses and children of
volunteers to accompany the volunteers abroad.
(3) The secretary of
state shall indemnify the state for claims relating to the project.
NEW SECTION. Sec.
205. Funding for the volunteer
activities shall come from legislative appropriations, federal funds, private
support funds, grant money available to implement technical assistance programs
overseas, and such other funds as the secretary of state may receive.
PART III - INTERNATIONAL CONTACT DATA
BASE
NEW SECTION. Sec.
301. (1) The legislature finds
that knowledge of international exchange students who have studied in
Washington state institutions of higher education, especially those from key
trading partner countries, and knowledge of Washington state students, interns,
and citizens working and studying abroad, is critical to the ability of
Washington businesses and citizens to establish contacts and networks in the
competitive world market.
(2) The legislature
also finds that knowledge of worldwide business contacts, government contacts, cultural
contacts, and international friends is critical to building a solid network of
opportunities for developing trade relations for our state.
(3) The secretary of
state may develop and maintain a data base, to be known as the international
contact data base, listing, in addition to any other information: (a)
Washington students, interns, and citizens working and studying overseas; (b)
international students who have studied at Washington educational institutions;
(c) exchange opportunities for Washington residents wishing to participate in
education, internships, or technical assistance programs in the areas of
agriculture, hydroelectric power, aerospace, computers and technology,
academics, medicine, and communications; (d) international business contacts of
those people interested in doing business with Washington business; and (e)
international government contacts, particularly with our key trading partners.
The data base may be
designed to be used as a resource for Washington citizens, businesses, and
other entities seeking contacts in international trade markets overseas.
(4) The department of
community, trade, and economic development, the department of agriculture, and
the governor's office of protocol may assist the secretary of state in designing
and developing the data base and in obtaining data for inclusion in the data
base. Four-year educational institutions and their alumni associations are
encouraged to maintain data concerning students studying or working abroad,
international students attending their institutions, and exchange opportunities
available to their students and other citizens, and to make such data freely
available to the secretary of state for inclusion in the data base.
(5) The information
contained in the data base may be made available on request for inspection or
copying for free or at cost. The secretary of state shall not distinguish
among persons requesting information from the data base, though the secretary
of state may request information from requesters for purposes of monitoring
trade contacts and evaluating the uses and effectiveness of the data base.
(6) Any person listed
in the data base may request in writing that his or her name, address,
telephone number, or other identifying information be omitted from the data
base. Nothing in this section prohibits the secretary of state from refusing
to disclose information exempt from disclosure under RCW 42.17.310.
Sec. 302. RCW 42.17.310 and 1995 c
267 s 6 are each amended to read as follows:
(1) The following are
exempt from public inspection and copying:
(a) Personal
information in any files maintained for students in public schools, patients or
clients of public institutions or public health agencies, or welfare
recipients.
(b) Personal
information in files maintained for employees, appointees, or elected officials
of any public agency to the extent that disclosure would violate their right to
privacy.
(c) Information
required of any taxpayer in connection with the assessment or collection of any
tax if the disclosure of the information to other persons would (i) be
prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's
right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific
intelligence information and specific investigative records compiled by
investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy.
(e) Information
revealing the identity of persons who are witnesses to or victims of crime or
who file complaints with investigative, law enforcement, or penology agencies,
other than the public disclosure commission, if disclosure would endanger any
person's life, physical safety, or property. If at the time a complaint is
filed the complainant, victim or witness indicates a desire for disclosure or
nondisclosure, such desire shall govern. However, all complaints filed with
the public disclosure commission about any elected official or candidate for
public office must be made in writing and signed by the complainant under oath.
(f) Test questions,
scoring keys, and other examination data used to administer a license,
employment, or academic examination.
(g) Except as provided
by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any
agency relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the property has
been acquired or the property to which the sale appraisal relates is sold, but
in no event shall disclosure be denied for more than three years after the
appraisal.
(h) Valuable formulae,
designs, drawings, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private gain and
public loss.
(i) Preliminary drafts,
notes, recommendations, and intra-agency memorandums in which opinions are
expressed or policies formulated or recommended except that a specific record
shall not be exempt when publicly cited by an agency in connection with any
agency action.
(j) Records which are
relevant to a controversy to which an agency is a party but which records would
not be available to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(k) Records, maps, or
other information identifying the location of archaeological sites in order to
avoid the looting or depredation of such sites.
(l) Any library record,
the primary purpose of which is to maintain control of library materials, or to
gain access to information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial
information supplied by or on behalf of a person, firm, or corporation for the
purpose of qualifying to submit a bid or proposal for (i) a ferry system
construction or repair contract as required by RCW 47.60.680 through 47.60.750
or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company
contracts filed prior to July 28, 1991, with the utilities and transportation
commission under RCW 81.34.070, except that the summaries of the contracts are
open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and
commercial information and records supplied by private persons pertaining to
export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial
disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with
the utilities and transportation commission or attorney general under RCW
80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and
commercial information and records supplied by businesses or individuals during
application for loans or program services provided by chapters 43.163, 43.160,
43.330, and 43.168 RCW, or during application for economic development loans or
program services provided by any local agency.
(s) Membership lists or
lists of members or owners of interests of units in timeshare projects,
subdivisions, camping resorts, condominiums, land developments, or
common-interest communities affiliated with such projects, regulated by the
department of licensing, in the files or possession of the department.
(t) All applications
for public employment, including the names of applicants, resumes, and other
related materials submitted with respect to an applicant.
(u) The residential
addresses and residential telephone numbers of employees or volunteers of a
public agency which are held by the agency in personnel records, employment or
volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential
addresses and residential telephone numbers of the customers of a public utility
contained in the records or lists held by the public utility of which they are
customers.
(w)(i) The federal
social security number of individuals governed under chapter 18.130 RCW
maintained in the files of the department of health, except this exemption does
not apply to requests made directly to the department from federal, state, and
local agencies of government, and national and state licensing, credentialing,
investigatory, disciplinary, and examination organizations; (ii) the current
residential address and current residential telephone number of a health care
provider governed under chapter 18.130 RCW maintained in the files of the
department, if the provider requests that this information be withheld from
public inspection and copying, and provides to the department an accurate
alternate or business address and business telephone number. On or after
January 1, 1995, the current residential address and residential telephone
number of a health care provider governed under RCW 18.130.140 maintained in
the files of the department shall automatically be withheld from public
inspection and copying if the provider has provided the department with an
accurate alternative or business address and telephone number.
(x) Information
obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information
obtained by the board of pharmacy or the department of health and its
representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial
information, business plans, examination reports, and any information produced
or obtained in evaluating or examining a business and industrial development
corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and
commercial information supplied to the state investment board by any person
when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds or in private loss
to the providers of this information.
(bb) Financial and
valuable trade information under RCW 51.36.120.
(cc) Client records
maintained by an agency that is a domestic violence program as defined in RCW
70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that
identifies a person who, while an agency employee: (i) Seeks advice, under an
informal process established by the employing agency, in order to ascertain his
or her rights in connection with a possible unfair practice under chapter 49.60
RCW against the person; and (ii) requests his or her identity or any
identifying information not be disclosed.
(ee) Investigative
records compiled by an employing agency conducting a current investigation of a
possible unfair practice under chapter 49.60 RCW or of a possible violation of
other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related
information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial,
commercial, operations, and technical and research information and data
submitted to or obtained by the clean Washington center in applications for, or
delivery of, program services under chapter 70.95H RCW.
(hh) Information and
documents created specifically for, and collected and maintained by a quality
improvement committee pursuant to RCW 43.70.510, regardless of which agency is
in possession of the information and documents.
(ii) Personal
information in files maintained in a data base created under section 301 of
this act.
(2) Except for
information described in subsection (1)(c)(i) of this section and confidential
income data exempted from public inspection pursuant to RCW 84.40.020, the
exemptions of this section are inapplicable to the extent that information, the
disclosure of which would violate personal privacy or vital governmental
interests, can be deleted from the specific records sought. No exemption may
be construed to permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(3) Inspection or
copying of any specific records exempt under the provisions of this section may
be permitted if the superior court in the county in which the record is
maintained finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(4) Agency responses
refusing, in whole or in part, inspection of any public record shall include a
statement of the specific exemption authorizing the withholding of the record
(or part) and a brief explanation of how the exemption applies to the record
withheld.
NEW SECTION. Sec.
303. The department of
community, trade, and economic development, in consultation with the office of
protocol, the office of the secretary of state, the department of agriculture,
and the employment security department shall identify up to fifteen countries
that are of strategic importance to the development of Washington's
international trade relations.
PART IV - INTERNATIONAL STUDENT EXCHANGES
AND INTERNSHIPS
NEW SECTION. Sec.
401. Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Board"
means the higher education coordinating board.
(2) "Eligible
participant" means an international student whose country of residence has
a trade relationship with the state of Washington.
(3) "Institution
of higher education" or "institution" means a college or
university in the state of Washington that is accredited by an accrediting
association recognized as such by rule of the board.
(4) "Service
obligation" means volunteering for a minimum number of hours as
established by the board based on the amount of scholarship award, to speak to
or teach groups of Washington citizens, including but not limited to
elementary, middle, and high schools, service clubs, and universities.
(5) "Washington international
exchange scholarship program" means a scholarship award for a period not
to exceed one academic year to attend a Washington institution of higher
education made to an international student whose country has an established
trade relationship with Washington.
NEW SECTION. Sec.
402. The Washington
international exchange scholarship program is created subject to funding under
section 406 of this act. The program shall be administered by the board. In
administering the program, the board may:
(1) Convene an advisory
committee that may include but need not be limited to representatives of the
office of the superintendent of public instruction, the department of
community, trade, and economic development, the secretary of state, private
business, and institutions of higher education;
(2) Select students to
receive the scholarship with the assistance of a screening committee composed
of leaders in business, international trade, and education;
(3) Adopt necessary
rules and guidelines including rules for disbursing scholarship funds to participants;
(4) Publicize the
program;
(5) Solicit and accept
grants and donations from public and private sources for the program;
(6) Establish and
notify participants of service obligations; and
(7) Establish a formula
for selecting the countries from which participants may be selected in
consultation with the department of community, trade, and economic development.
NEW SECTION. Sec.
403. The board may negotiate
and enter into a reciprocal agreement with foreign countries that have
international students attending institutions in Washington. The goal of the
reciprocal agreements shall be to allow Washington students enrolled in an
institution of higher education to attend an international institution under
similar terms and conditions.
NEW SECTION. Sec.
404. If funds are available,
the board shall select students yearly to receive a Washington international
exchange student scholarship from moneys earned from the Washington
international exchange scholarship endowment fund created in section 406 of
this act, from funds appropriated to the board for this purpose, or from any
private donations, or from any other funds given to the board for this program.
NEW SECTION. Sec.
405. The Washington
international exchange trust fund is established in the custody of the state
treasurer. Any funds appropriated by the legislature for the trust fund shall
be deposited into the fund. At the request of the board, and when conditions
set forth in section 407 of this act are met, the treasurer shall deposit state
matching moneys from the Washington international exchange trust fund into the
Washington international exchange scholarship endowment fund. No appropriation
is required for expenditures from the trust fund.
NEW SECTION. Sec.
406. The Washington
international exchange scholarship endowment fund is established in the custody
of the state treasurer. Moneys received from the private donations and funds
received from any other source may be deposited into the endowment fund. At
the request of the board, the treasurer shall release earnings from the
endowment fund to the board for scholarships. No appropriation is required for
expenditures from the endowment fund. The principal of the endowment fund
shall not be invaded. The earnings on the fund shall be used solely for the
purposes in this chapter.
NEW SECTION. Sec.
407. The board may request
that the treasurer deposit state matching funds into the Washington
international exchange scholarship endowment fund when the board can match the
state funds with an equal amount of private cash donations, including
conditional gifts.
NEW SECTION. Sec.
408. Each Washington
international exchange scholarship recipient shall agree to complete the
service obligation as defined by the board.
Sec. 409. RCW 43.79A.040 and 1995
c 394 s 2 and 1995 c 365 s 1 are each reenacted and amended to read as follows:
(1) Money in the
treasurer's trust fund may be deposited, invested and reinvested by the state
treasurer in accordance with RCW 43.84.080 in the same manner and to the same
extent as if the money were in the state treasury.
(2) All income received
from investment of the treasurer's trust fund shall be set aside in an account
in the treasury trust fund to be known as the investment income account.
(3) The investment
income account may be utilized for the payment of purchased banking services on
behalf of treasurer's trust funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to chapter
43.88 RCW, but no appropriation is required for payments to financial
institutions. Payments shall occur prior to distribution of earnings set forth
in subsection (4) of this section.
(4)(a) Monthly, the
state treasurer shall distribute the earnings credited to the investment income
account to the state general fund except under (b) and (c) of this subsection.
(b) The following
accounts and funds shall receive their proportionate share of earnings based
upon each account's or fund's average daily balance for the period: The
agricultural local fund, the American Indian scholarship endowment fund, the
Washington international exchange scholarship endowment fund, the energy
account, the fair fund, the game farm alternative account, the grain inspection
revolving fund, the rural rehabilitation account, and the self-insurance
revolving fund. However, the earnings to be distributed shall first be reduced
by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(c) The following
accounts and funds shall receive eighty percent of their proportionate share of
earnings based upon each account's or fund's average daily balance for the
period: The advanced right of way revolving fund, the federal narcotics asset
forfeitures account, the high occupancy vehicle account, and the local rail
service assistance account.
(5) In conformance with
Article II, section 37 of the state Constitution, no trust accounts or funds
shall be allocated earnings without the specific affirmative directive of this
section.
NEW SECTION. Sec.
410. (1) The higher education
coordinating board shall establish an advisory committee to assist in program
design and to develop criteria for an international students internship
program.
(2) The advisory
committee may include, but need not be limited to the governor, a
representative of the department of community, trade, and economic development,
the secretary of state, and representatives of institutions of higher
education, cultural exchange organizations, international trade organizations,
and business.
(3) By December 31,
1997, the board shall make recommendations for legislation establishing a
program for successful completion of internships within countries of targeted
trading partners identified by the department of community, trade, and economic
development that provides for credit opportunities toward degree programs for
Washington state students.
(4) The advisory
committee established in subsection (1) of this section shall expire December
1, 1997.
PART V - TECHNICAL PROVISIONS
NEW SECTION. Sec.
501. Sections 101 through 105
and 301 of this act are each added to chapter 43.07 RCW.
NEW SECTION. Sec.
502. Sections 201 through 205
and 301 of this act shall expire December 31, 2000.
NEW SECTION. Sec.
503. (1) Sections 201 through
205 of this act shall constitute a new chapter in Title 43 RCW.
(2) Sections 401
through 408 and 410 of this act shall constitute a new chapter in Title 28B
RCW.
NEW SECTION. Sec.
504. 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. 505. Part headings as used in
this act constitute no part of the law.
