BP BHEAD INT S [atlas:bill]

AN ACT Relating to abstinence education; adding a new section to chapter 70.58 RCW; adding a new section to chapter 70.24 RCW; adding a new chapter to Title 70 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to provide education that promotes abstinence from sexual activity, with a focus on those groups which are most likely to bear children out of wedlock.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of health.

(2) "Abstinence education" means an educational or motivational program that has as its exclusive purpose:

(a) To teach the social, psychological, and health gains to be realized by abstaining from sexual activity outside of marriage;

(b) To teach that no sexual activity outside of marriage is the expected standard for all school-age children;

(c) To teach that abstinence from sexual activity outside of marriage is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems;

(d) To teach that mutually faithful monogamous relations in the context of marriage between a man and a woman is the expected standard of human sexual activity;

(e) To teach that sexual activity outside the context of marriage is likely to have harmful psychological and physical effects;

(f) To teach that bearing children out of wedlock is likely to have harmful consequences for the child, the child's parents, and society;

(g) To teach young people how to reject sexual advances outside of marriage and how alcohol and drug use increase vulnerability to these sexual advances; and

(h) To teach the importance of attaining economic self-sufficiency within a mutually faithful monogamous marriage before engaging in sexual activity.

(3) "Committee" means the abstinence education oversight committee established in section 5 of this act.

(4) "Grantee" means applicants for federal and state abstinence education funds that are granted funding by the abstinence education oversight committee.

NEW SECTION. Sec. 3. (1) The department shall apply for federal funds for abstinence education from the United States department of human services under Title V of the social security act (43 U.S.C. Sec. 701 et seq.) section 912, specifically under section 505(a). The funds must be used exclusively for abstinence education and, if appropriate, mentoring, counseling, and adult supervision to promote abstinence from sexual activity among unwed minors.

(2) In order to meet the requirements of this chapter, the department shall maximize the use of these federal funds by contracting, through the abstinence education oversight committee, only with private and public sector organizations that have extensive experience with abstinence as the sole basis for their abstinence education curriculum and are teaching abstinence education.

NEW SECTION. Sec. 4. The goals of abstinence education are a measurable reduction of the incidence of sexually transmitted disease, a measurable reduction in abortions, and a measurable reduction in out-of-wedlock births.

The results of the effect of abstinence education on meeting the goals set forth in this section must be reported to the senate and house of representatives education and health committees by December 1st of each year by the oversight committee.

NEW SECTION. Sec. 5. There is established the abstinence education oversight committee to consist of seven members to be appointed by the legislature. Members of the committee shall include the chairs of the senate and house of representatives health committees. The sponsors of the originating legislation shall appoint the remaining members. The house of representatives sponsor shall appoint two members with three years' experience in teaching abstinence education. The senate sponsor shall appoint three members with at least three years' experience in teaching abstinence education. Members shall be appointed for terms of five years. The purpose of the committee is to ensure that federal and state resources are used to achieve the goals of this chapter as stated in section 4 of this act. Committee members shall appoint a qualified agency designated as the lead agency to administer funds to all grantees and coordinate research and distribution of reports. Members of the committee may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, subject to legislative appropriation.

NEW SECTION. Sec. 6. Subject to the restrictions contained in this chapter, the committee is authorized to establish criteria and approve applications from organizations for funding programs designed to teach abstinence education. The committee shall establish a set of standards to assess progress in meeting the goals of the program as established in section 4 of this act and reducing the number of reported sexually transmitted diseases, abortions, and out-of-wedlock births in each county where the program is taught. Twenty-one and one-half percent of the funding must be used for empirical research on the effectiveness of abstinence education in meeting the goals of the program as established in section 4 of this act.

NEW SECTION. Sec. 7. (1) The department shall establish a competitive application process to choose eligible public and private agencies who have experience promoting abstinence education to receive available resources. The committee may grant a lead agency responsibility for financial distribution to grantees and accounting for the matching funding required by the federal government. The grantees are required to match twenty-one and one-half percent of the funds. The department shall accept the recommendation of the oversight committee in making the final decision on who should receive funding under this section.

(2) The state shall contract for scientific data collection and evaluation through an institution of higher education with experience in abstinence evaluation in order to provide data on the program's progress in meeting the goals of the program and reducing the number of cases of sexually transmitted diseases, abortions, and out-of-wedlock births. The contracted institution shall coordinate with the lead agency on the research and reporting of results.

(3) No restrictions shall be placed on the applicants for funds by the department as to their status as profit or nonprofit agencies, church-based organizations, or public or private agency-based organizations. Agencies, organizations, or individuals are prohibited from receiving funds if the agency provides abortions, including providing information on and distribution of contraceptive devices.

(4) All applicants must have appropriate corporate licensing.

NEW SECTION. Sec. 8. (1) All grantees shall:

(a) Have an annual independent certified public accountant audit their use of the abstinence education funds in order to verify that the use of funds meet the requirements of the program and are being used consistent with the law's intent;

(b) Establish and utilize a cost allocation plan consistent with the goals of section 4 of this act and use a separate accounting system for federal and state abstinence education funds separate from any other state funds they may receive;

(c) Obtain local approval for the abstinence education program from local agencies where abstinence education is taught, provided, or implemented; and

(d) Segregate abstinence education funds from any other state or federal funds.

(2) Funds awarded under this chapter must be used only for abstinence education and may be used for abstinence advertising, including billboards and other signs, and for teacher training in premarital abstinence education teaching techniques.

(3) Failure to comply with proper allocation and use of funds may result in the following penalties:

(a) Refunding to the committee of all money granted under the abstinence education program; and

(b) Permanent ineligibility from receipt of funds for the teaching of abstinence-based education.

NEW SECTION. Sec. 9. All textbooks and other curricula material used by the grantee of abstinence education funds, including teacher resources, must be published and readily available for public and parental inspection upon request. All conferences and speakers teaching abstinence education under this chapter must comply with the requirements of this chapter.

NEW SECTION. Sec. 10. (1) Each grantee shall establish an internet web site for each abstinence education program. The web site must include:

(a) A full description of the abstinence education program; and

(b) A financial accounting of the abstinence education program's funding.

(2) Funding for the internet web site must come solely from local or state matching funds.

NEW SECTION. Sec. 11. Federal funds for abstinence education must be segregated from general maternal and child health funds. A separate cost allocation plan consistent with eligibility requirements and a separate accounting system must be established. A separate accounting system for abstinence education funds separate from any other state project funds must be in place.

NEW SECTION. Sec. 12. A new section is added to chapter 70.58 RCW to read as follows:

All birth certificates must contain information on the marital status of the parents by county and census tract and the name of the father, unless good cause can be shown for the withholding of this information. Such information shall be made available to the abstinence education oversight committee and any organization designated by the abstinence education oversight committee in order to better provide abstinence education in counties and other geographic areas with a high number of out-of-wedlock births.

NEW SECTION. Sec. 13. A new section is added to chapter 70.24 RCW to read as follows:

The department shall collect statistics on the age and marital status by sexually transmitted disease, including HIV, in each county and census tract in the state of Washington. The oversight committee shall report to the education and health committees of the senate and the house of representatives on the implementation of this section at least annually.

NEW SECTION. Sec. 14. Sections 1 through 11 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 15. 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.