S-1017.1  _______________________________________________

                         SENATE BILL 5537

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Franklin, Hochstatter, Winsley, Regala, Prentice, Patterson, Rasmussen, Hargrove, Costa, Kohl‑Welles, Long, Shin, Kastama, Fairley, Thibaudeau, Eide, Snyder, Kline, T. Sheldon, Jacobsen, Constantine, Stevens and Oke

Read first time 01/25/2001.  Referred to Committee on Human Services & Corrections.

Regulating internet advertisement for adoption.

    AN ACT Relating to internet adoption; and amending RCW 26.33.400.

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

    Sec. 1.  RCW 26.33.400 and 1991 c 136 s 6 are each amended to read as follows:

    (1) Unless the context clearly requires otherwise, "advertisement" means communication by newspaper, radio, television, handbills, placards, electronic mail, web sites, or other print, broadcast, or the electronic medium.  This definition applies throughout this section.

    (2) No person or entity shall cause to be published for circulation, or broadcast on a radio or television station, within the geographic borders of this state, an advertisement of a child or children offered or wanted for adoption, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is:

    (a) A duly authorized agent, contractee, or employee of the department or a children's agency or institution licensed by the department to care for and place children;

    (b) A person who has a completed preplacement report as set forth in RCW 26.33.190 (1) and (2) or chapter 26.34 RCW with a favorable recommendation as to the fitness of the person to be an adoptive parent, or such person's duly authorized uncompensated agent, or such person's attorney who is licensed to practice in the state.  Verification of compliance with the requirements of this section shall consist of a written declaration by the person or entity who prepared the preplacement report.

    Nothing in this section prohibits an attorney licensed to practice in Washington state from advertising his or her availability to practice or provide services related to the adoption of children.

    (3) A violation of subsection (2) of this section is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW.  A violation of subsection (2) of this section is not reasonable in relation to the development and preservation of business.  A violation of subsection (2) of this section constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.

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