BILL REQ. #: S-2299.2
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/08/05.
AN ACT Relating to the strategic financing of life sciences research; amending RCW 43.79.480, 42.30.110, and 43.84.092; reenacting and amending RCW 42.17.310, 42.17.310, 42.17.2401, 43.84.092, and 43.84.092; adding a new section to chapter 82.04 RCW; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2
(1) "Authority" means the life sciences discovery fund authority
created in this chapter.
(2) "Board" means the governing board of trustees of the authority.
(3) "Contribution agreement" means any agreement authorized under
this chapter in which a private entity or a public entity other than
the state agrees to provide to the authority contributions for the
purpose of promoting life sciences research.
(4) "Life sciences research" means advanced and applied research
and development intended to improve human health.
(5) "Master settlement agreement" means the national master
settlement agreement and related documents entered into on November 23,
1998, by the state and the four principal United States tobacco product
manufacturers, as amended and supplemented, for the settlement of
litigation brought by the state against the tobacco product
manufacturers.
(6) "State agreement" means the agreement authorized under this
chapter in which the state provides to the authority the strategic
contribution payments required to be made by tobacco product
manufacturers to the state and the state's rights to receive such
payments, pursuant to the master settlement agreement, for the purpose
of promoting life sciences research.
(7) "Strategic contribution payments" means the payments designated
as such under the master settlement agreement, which will be made to
the state in the years 2008 through 2017.
NEW SECTION. Sec. 3
(2) The powers of the authority are vested in and shall be
exercised by a board of trustees consisting of seven members appointed
by the governor with the consent of the senate, one of whom shall be
appointed by the governor as chair of the authority and who shall serve
on the board and as chair of the authority at the pleasure of the
governor. At least one member of the board shall be experienced in
applied agricultural production research. The governor shall make the
initial appointments no later than thirty days after the effective date
of this section. The term of the trustees, other than the chair, is
four years from the date of their appointment, except that the terms of
three of the initial appointees, as determined by the governor, are for
two years from the date of their appointment. A trustee may be removed
by the governor for cause under RCW 43.06.070 and 43.06.080. The
governor shall fill any vacancy on the board by appointment for the
remainder of the unexpired term. The trustees shall be compensated in
accordance with RCW 43.03.240 and may be reimbursed, solely from the
funds of the authority, for expenses incurred in the discharge of their
duties under this chapter, subject to RCW 43.03.050 and 43.03.060.
(3) Four members of the board constitute a quorum.
(4) The trustees shall elect a treasurer and secretary annually,
and other officers as the trustees determine necessary, and may adopt
bylaws or rules for their own government.
(5) Meetings of the board shall be held in accordance with the open
public meetings act, chapter 42.30 RCW, and at the call of the chair or
when a majority of the trustees so requests. Meetings of the board may
be held at any location within or out of the state, and trustees may
participate in a meeting of the board by means of a conference
telephone or similar communication equipment under RCW 23B.08.200.
(6) The authority is subject to audit by the state auditor.
(7) The attorney general must advise the authority and represent it
in all legal proceedings.
NEW SECTION. Sec. 4
(1) Enter into an agreement with the state for the receipt of
strategic contribution payments and of the state's rights to receive
the amounts in consideration of the authority's promise to leverage the
revenues with amounts received from other public and private sources in
accordance with contribution agreements and to hold the funds in trust
for the benefit of its funders and its grant recipients for their use
pursuant to this chapter to promote life sciences research. The funds
received from the state under this subsection shall be deposited in the
life sciences discovery fund hereby created in the state treasury.
Moneys in the fund may be spent only after appropriation;
(2) Enter into agreements with private entities and public entities
other than the state for the receipt of funds in consideration of the
authority's promise to leverage the funds with amounts received in
accordance with the state agreement, and contributions from other
public entities and private entities and to hold the funds in trust for
their use pursuant to this chapter to promote life sciences and related
research;
(3) Hold funds received by the authority in trust for their use
pursuant to this chapter to promote life sciences research;
(4) Manage its funds, obligations, and investments as necessary and
as consistent with its purpose including the segregation of revenues
into separate funds and accounts;
(5) Make grants to entities pursuant to contract for the promotion
of life sciences research to be conducted in the state. The authority
shall solicit requests for funding and evaluate the requests by
reference to factors such as: (a) The quality of the proposed
research; (b) its potential for leveraging additional funding; (c) its
potential to provide health care benefits; (d) its potential to
stimulate the health care delivery, biomedical manufacturing, and life
sciences related employment in the state; (e) the geographic diversity
of the grantees within Washington; and (f) evidence of public and
private collaboration. Before November 1st of each year, the authority
shall develop and submit to the appropriate fiscal committees of the
legislature a prioritized list of grants that are recommended for
funding by the legislature, including a description of each grant and
recommended financing. The authority shall not sign contracts or
otherwise financially obligate funds from the life sciences discovery
fund before the legislature has appropriated funds for a specific list
of grants. The legislature may remove grants from the list recommended
by the authority, but the legislature shall not change the order of the
priorities recommended for funding by the authority;
(6) Create one or more advisory boards composed of scientists,
industrialists, and others familiar with life sciences research; and
(7) Adopt policies and procedures to facilitate the orderly process
of grant application, review, and reward.
NEW SECTION. Sec. 5
NEW SECTION. Sec. 6
(2) The contribution made under this section shall be made if
nonstate contributions in an amount not less than twenty million
dollars have been promised to the authority pursuant to one or more
contribution agreements and no less than ten million dollars have been
received by the authority under contribution agreements. The
characterization of such a contribution by the state may not be negated
or adversely affected by the fact that only a portion of the revenue
from the master settlement agreement is being contributed and assigned,
or by the state's acquisition or retention of an ownership interest in
the portion of the revenue from the master settlement agreement not so
assigned.
(3) In addition to such other terms, provisions, and conditions as
the governor and the authority may determine appropriate for inclusion
in the state agreement, the state agreement must contain a: (a)
Covenant of the state that the state will not agree to any amendment of
the master settlement agreement that materially and adversely affects
the authority's ability to receive the strategic contribution payments;
(b) requirement that the state enforce, at its own expense, the
provisions of the master settlement agreement that require the payment
of the strategic contribution payments to the authority.
(4) On or after the effective date of the state agreement, the
state shall not have any right, title, or interest in the portion of
the strategic contribution payments and such payments are the property
of the authority and not the state, and shall be owned, received, held,
and disbursed by the authority or its assignee, and not the state.
(5) The strategic contribution payments so contributed and assigned
may not be deemed to be general state revenues as that term is used in
Article VIII, section 1 of the state Constitution.
NEW SECTION. Sec. 7
NEW SECTION. Sec. 8
NEW SECTION. Sec. 9 A new section is added to chapter 82.04 RCW
to read as follows:
Sec. 10 RCW 43.79.480 and 2002 c 365 s 15 are each amended to
read as follows:
(1) Moneys received by the state of Washington in accordance with
the settlement of the state's legal action against tobacco product
manufacturers, exclusive of costs and attorneys' fees, shall be
deposited in the tobacco settlement account created in this section
except as these moneys are sold or assigned under chapter 43.340 RCW or
are contributed or assigned under chapter 43.-- RCW (sections 1 through
8 of this act).
(2) The tobacco settlement account is created in the state
treasury. Moneys in the tobacco settlement account may only be
transferred to the health services account for the purposes set forth
in RCW 43.72.900, and to the tobacco prevention and control account for
purposes set forth in this section.
(3) The tobacco prevention and control account is created in the
state treasury. The source of revenue for this account is moneys
transferred to the account from the tobacco settlement account,
investment earnings, donations to the account, and other revenues as
directed by law. Expenditures from the account are subject to
appropriation.
Sec. 11 RCW 42.30.110 and 2003 c 277 s 1 are each amended to read
as follows:
(1) Nothing contained in this chapter may be construed to prevent
a governing body from holding an executive session during a regular or
special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition of real
estate by lease or purchase when public knowledge regarding such
consideration would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be
offered for sale or lease when public knowledge regarding such
consideration would cause a likelihood of decreased price. However,
final action selling or leasing public property shall be taken in a
meeting open to the public;
(d) To review negotiations on the performance of publicly bid
contracts when public knowledge regarding such consideration would
cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company,
financial and commercial information supplied by private persons to the
export trading company;
(f) To receive and evaluate complaints or charges brought against
a public officer or employee. However, upon the request of such
officer or employee, a public hearing or a meeting open to the public
shall be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public
employment or to review the performance of a public employee. However,
subject to RCW 42.30.140(4), discussion by a governing body of
salaries, wages, and other conditions of employment to be generally
applied within the agency shall occur in a meeting open to the public,
and when a governing body elects to take final action hiring, setting
the salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be taken in
a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment
to elective office. However, any interview of such candidate and final
action appointing a candidate to elective office shall be in a meeting
open to the public;
(i) To discuss with legal counsel representing the agency matters
relating to agency enforcement actions, or to discuss with legal
counsel representing the agency litigation or potential litigation to
which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge
regarding the discussion is likely to result in an adverse legal or
financial consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an
executive session solely because an attorney representing the agency is
present. For purposes of this subsection (1)(i), "potential
litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a)
concerning:
(A) Litigation that has been specifically threatened to which the
agency, the governing body, or a member acting in an official capacity
is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may be commenced
by or against the agency, the governing body, or a member acting in an
official capacity; or
(C) Litigation or legal risks of a proposed action or current
practice that the agency has identified when public discussion of the
litigation or legal risks is likely to result in an adverse legal or
financial consequence to the agency;
(j) To consider, in the case of the state library commission or its
advisory bodies, western library network prices, products, equipment,
and services, when such discussion would be likely to adversely affect
the network's ability to conduct business in a competitive economic
climate. However, final action on these matters shall be taken in a
meeting open to the public;
(k) To consider, in the case of the state investment board,
financial and commercial information when the information relates to
the investment of public trust or retirement funds and when public
knowledge regarding the discussion would result in loss to such funds
or in private loss to the providers of this information;
(l) To consider proprietary or confidential nonpublished
information related to the development, acquisition, or implementation
of state purchased health care services as provided in RCW 41.05.026;
(m) To consider in the case of the life sciences discovery fund
authority, the substance of grant applications and grant awards when
public knowledge regarding the discussion would reasonably be expected
to result in private loss to the providers of this information.
(2) Before convening in executive session, the presiding officer of
a governing body shall publicly announce the purpose for excluding the
public from the meeting place, and the time when the executive session
will be concluded. The executive session may be extended to a stated
later time by announcement of the presiding officer.
NEW SECTION. Sec. 12 A new section is added to chapter 41.06 RCW
to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, this
chapter does not apply to employees of the life sciences discovery fund
authority under chapter 43.-- RCW (sections 1 through 8 of this act).
Sec. 13 RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277
s 3, and 2003 c 124 s 1 are each reenacted and 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 84.08.210, 82.32.330, 84.40.020, or 84.40.340 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, computer source code or
object code, 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, and by persons pertaining to
export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under
chapters 28B.85 and 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 or residential telephone numbers of
employees or volunteers of a public agency which are held by any public
agency in personnel records, public employment related records, or
volunteer rosters, or are included in any mailing list of employees or
volunteers of any public agency.
(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, except that
this information may be released to the division of child support or
the agency or firm providing child support enforcement for another
state under Title IV-D of the federal social security act, for the
establishment, enforcement, or modification of a support order.
(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 18.130.040 maintained in the
files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW
42.17.260(9).
(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 or 70.41.200, or by a peer review committee under RCW
4.24.250, regardless of which agency is in possession of the
information and documents.
(ii) Personal information in files maintained in a data base
created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional
housing that are furnished to the department of revenue or a county
assessor in order to substantiate a claim for property tax exemption
under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone
numbers, and other individually identifiable records held by an agency
in relation to a vanpool, carpool, or other ride-sharing program or
service. However, these records may be disclosed to other persons who
apply for ride-matching services and who need that information in order
to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former
participants or applicants in a paratransit or other transit service
operated for the benefit of persons with disabilities or elderly
persons.
(nn) The personally identifying information of persons who acquire
and use transit passes and other fare payment media including, but not
limited to, stored value smart cards and magnetic strip cards, except
that an agency may disclose this information to a person, employer,
educational institution, or other entity that is responsible, in whole
or in part, for payment of the cost of acquiring or using a transit
pass or other fare payment media, or to the news media when reporting
on public transportation or public safety. This information may also
be disclosed at the agency's discretion to governmental agencies or
groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the
submitting entity, with review by the department of health,
specifically identifies at the time it is submitted and that is
provided to or obtained by the department of health in connection with
an application for, or the supervision of, an antitrust exemption
sought by the submitting entity under RCW 43.72.310. If a request for
such information is received, the submitting entity must be notified of
the request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing
need for confidentiality, which shall be provided to the requester.
Upon receipt of such notice, the department of health shall continue to
treat information designated under this section as exempt from
disclosure. If the requester initiates an action to compel disclosure
under this chapter, the submitting entity must be joined as a party to
demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance
appeals that are related to appeals of crime victims' compensation
claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf
of a person, firm, corporation, or entity under chapter 28B.95 RCW
relating to the purchase or sale of tuition units and contracts for the
purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state,
county, municipal, or other law enforcement agency pertaining to sex
offenses contained in chapter 9A.44 RCW or sexually violent offenses as
defined in RCW 71.09.020, which have been transferred to the Washington
association of sheriffs and police chiefs for permanent electronic
retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check
numbers, card expiration dates, or bank or other financial account
numbers, except when disclosure is expressly required by or governed by
other law.
(tt) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a liquor
license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and
subject to chapter 50.13 RCW if provided to another individual or
organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work
force training and education coordinating board for research or
evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained
to prevent, mitigate, or respond to criminal terrorist acts, which are
acts that significantly disrupt the conduct of government or of the
general civilian population of the state or the United States and that
manifest an extreme indifference to human life, the public disclosure
of which would have a substantial likelihood of threatening public
safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and
unique response or deployment plans, including compiled underlying data
collected in preparation of or essential to the assessments, or to the
response or deployment plans; and
(ii) Records not subject to public disclosure under federal law
that are shared by federal or international agencies, and information
prepared from national security briefings provided to state or local
government officials related to domestic preparedness for acts of
terrorism.
(xx) Commercial fishing catch data from logbooks required to be
provided to the department of fish and wildlife under RCW 77.12.047,
when the data identifies specific catch location, timing, or
methodology and the release of which would result in unfair competitive
disadvantage to the commercial fisher providing the catch data.
However, this information may be released to government agencies
concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and
wildlife. However, sensitive wildlife data may be released to
government agencies concerned with the management of fish and wildlife
resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species
designated under RCW 77.12.020, or threatened or sensitive species
classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by,
telemetry studies; or
(iii) Other location data that could compromise the viability of a
specific fish or wildlife population, and where at least one of the
following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the
species behavior or ecology renders it especially vulnerable or the
species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire
recreational licenses under RCW 77.32.010 or commercial licenses under
chapter 77.65 or 77.70 RCW, except name, address of contact used by the
department, and type of license, endorsement, or tag. However, the
department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and
wildlife resources;
(ii) The department of social and health services, child support
division, and to the department of licensing in order to implement RCW
77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm
possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before July 1,
2002, that have not been commingled with other recorded documents.
These records will be available only to the veteran, the veteran's next
of kin, a deceased veteran's properly appointed personal representative
or executor, a person holding that veteran's general power of attorney,
or to anyone else designated in writing by that veteran to receive the
records.
(ii) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before July 1,
2002, that have been commingled with other records, if the veteran has
recorded a "request for exemption from public disclosure of discharge
papers" with the county auditor. If such a request has been recorded,
these records may be released only to the veteran filing the papers,
the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's
general power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the
county auditor after June 30, 2002, are not public records, but will be
available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a
person holding the veteran's general power of attorney, or anyone else
designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of
deceased veterans have the same rights to full access to the record.
Next of kin are the veteran's widow or widower who has not remarried,
son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique
vulnerability assessments or specific and unique emergency and escape
response plans at a city, county, or state adult or juvenile
correctional facility, the public disclosure of which would have a
substantial likelihood of threatening the security of a city, county,
or state adult or juvenile correctional facility or any individual's
safety.
(ccc) Information compiled by school districts or schools in the
development of their comprehensive safe school plans pursuant to RCW
28A.320.125, to the extent that they identify specific vulnerabilities
of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of
computer and telecommunications networks, consisting of security
passwords, security access codes and programs, access codes for secure
software applications, security and service recovery plans, security
risk assessments, and security test results to the extent that they
identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public
inspection by the health care authority under RCW 41.05.026, whether
retained by the authority, transferred to another state purchased
health care program by the authority, or transferred by the authority
to a technical review committee created to facilitate the development,
acquisition, or implementation of state purchased health care under
chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that
relates to: (i) A vendor's unique methods of conducting business; (ii)
data unique to the product or services of the vendor; or (iii)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011.
(ggg) Proprietary information deemed confidential for the purposes
of section 923, chapter 26, Laws of 2003 1st sp. sess.
(hhh) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the life sciences
discovery fund authority in applications for, or delivery of, grants
under chapter 43.-- RCW (sections 1 through 8 of this act), to the
extent that such information, if revealed, would reasonably be expected
to result in private loss to the providers of this information.
(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.
Sec. 14 RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are
each reenacted and 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 84.08.210, 82.32.330, 84.40.020, or 84.40.340 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, computer source code or
object code, 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, and by persons pertaining to
export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under
chapters 28B.85 and 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 or residential telephone numbers of
employees or volunteers of a public agency which are held by any public
agency in personnel records, public employment related records, or
volunteer rosters, or are included in any mailing list of employees or
volunteers of any public agency.
(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, except that
this information may be released to the division of child support or
the agency or firm providing child support enforcement for another
state under Title IV-D of the federal social security act, for the
establishment, enforcement, or modification of a support order.
(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 18.130.040 maintained in the
files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW
42.17.260(9).
(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 or 70.41.200, or by a peer review committee under RCW
4.24.250, regardless of which agency is in possession of the
information and documents.
(ii) Personal information in files maintained in a data base
created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional
housing that are furnished to the department of revenue or a county
assessor in order to substantiate a claim for property tax exemption
under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone
numbers, and other individually identifiable records held by an agency
in relation to a vanpool, carpool, or other ride-sharing program or
service. However, these records may be disclosed to other persons who
apply for ride-matching services and who need that information in order
to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former
participants or applicants in a paratransit or other transit service
operated for the benefit of persons with disabilities or elderly
persons.
(nn) The personally identifying information of persons who acquire
and use transit passes and other fare payment media including, but not
limited to, stored value smart cards and magnetic strip cards, except
that an agency may disclose this information to a person, employer,
educational institution, or other entity that is responsible, in whole
or in part, for payment of the cost of acquiring or using a transit
pass or other fare payment media, or to the news media when reporting
on public transportation or public safety. This information may also
be disclosed at the agency's discretion to governmental agencies or
groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the
submitting entity, with review by the department of health,
specifically identifies at the time it is submitted and that is
provided to or obtained by the department of health in connection with
an application for, or the supervision of, an antitrust exemption
sought by the submitting entity under RCW 43.72.310. If a request for
such information is received, the submitting entity must be notified of
the request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing
need for confidentiality, which shall be provided to the requester.
Upon receipt of such notice, the department of health shall continue to
treat information designated under this section as exempt from
disclosure. If the requester initiates an action to compel disclosure
under this chapter, the submitting entity must be joined as a party to
demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance
appeals that are related to appeals of crime victims' compensation
claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf
of a person, firm, corporation, or entity under chapter 28B.95 RCW
relating to the purchase or sale of tuition units and contracts for the
purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state,
county, municipal, or other law enforcement agency pertaining to sex
offenses contained in chapter 9A.44 RCW or sexually violent offenses as
defined in RCW 71.09.020, which have been transferred to the Washington
association of sheriffs and police chiefs for permanent electronic
retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check
numbers, card expiration dates, or bank or other financial account
numbers, except when disclosure is expressly required by or governed by
other law.
(tt) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a liquor
license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and
subject to chapter 50.13 RCW if provided to another individual or
organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work
force training and education coordinating board for research or
evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained
to prevent, mitigate, or respond to criminal terrorist acts, which are
acts that significantly disrupt the conduct of government or of the
general civilian population of the state or the United States and that
manifest an extreme indifference to human life, the public disclosure
of which would have a substantial likelihood of threatening public
safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and
unique response or deployment plans, including compiled underlying data
collected in preparation of or essential to the assessments, or to the
response or deployment plans; and
(ii) Records not subject to public disclosure under federal law
that are shared by federal or international agencies, and information
prepared from national security briefings provided to state or local
government officials related to domestic preparedness for acts of
terrorism.
(xx) Commercial fishing catch data from logbooks required to be
provided to the department of fish and wildlife under RCW 77.12.047,
when the data identifies specific catch location, timing, or
methodology and the release of which would result in unfair competitive
disadvantage to the commercial fisher providing the catch data.
However, this information may be released to government agencies
concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and
wildlife. However, sensitive wildlife data may be released to
government agencies concerned with the management of fish and wildlife
resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species
designated under RCW 77.12.020, or threatened or sensitive species
classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by,
telemetry studies; or
(iii) Other location data that could compromise the viability of a
specific fish or wildlife population, and where at least one of the
following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the
species behavior or ecology renders it especially vulnerable or the
species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire
recreational licenses under RCW 77.32.010 or commercial licenses under
chapter 77.65 or 77.70 RCW, except name, address of contact used by the
department, and type of license, endorsement, or tag. However, the
department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and
wildlife resources;
(ii) The department of social and health services, child support
division, and to the department of licensing in order to implement RCW
77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm
possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before July 1,
2002, that have not been commingled with other recorded documents.
These records will be available only to the veteran, the veteran's next
of kin, a deceased veteran's properly appointed personal representative
or executor, a person holding that veteran's general power of attorney,
or to anyone else designated in writing by that veteran to receive the
records.
(ii) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before July 1,
2002, that have been commingled with other records, if the veteran has
recorded a "request for exemption from public disclosure of discharge
papers" with the county auditor. If such a request has been recorded,
these records may be released only to the veteran filing the papers,
the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's
general power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the
county auditor after June 30, 2002, are not public records, but will be
available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a
person holding the veteran's general power of attorney, or anyone else
designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of
deceased veterans have the same rights to full access to the record.
Next of kin are the veteran's widow or widower who has not remarried,
son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique
vulnerability assessments or specific and unique emergency and escape
response plans at a city, county, or state adult or juvenile
correctional facility, the public disclosure of which would have a
substantial likelihood of threatening the security of a city, county,
or state adult or juvenile correctional facility or any individual's
safety.
(ccc) Information compiled by school districts or schools in the
development of their comprehensive safe school plans pursuant to RCW
28A.320.125, to the extent that they identify specific vulnerabilities
of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of
computer and telecommunications networks, consisting of security
passwords, security access codes and programs, access codes for secure
software applications, security and service recovery plans, security
risk assessments, and security test results to the extent that they
identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public
inspection by the health care authority under RCW 41.05.026, whether
retained by the authority, transferred to another state purchased
health care program by the authority, or transferred by the authority
to a technical review committee created to facilitate the development,
acquisition, or implementation of state purchased health care under
chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that
relates to: (i) A vendor's unique methods of conducting business; (ii)
data unique to the product or services of the vendor; or (iii)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011.
(ggg) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the life sciences
discovery fund authority in applications for, or delivery of, grants
under chapter 43.-- RCW (sections 1 through 8 of this act), to the
extent that such information, if revealed, would reasonably be expected
to result in private loss to the providers of this information.
(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.
Sec. 15 RCW 42.17.2401 and 2001 c 36 s 1 and 2001 c 9 s 1 are
each reenacted and amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
community, trade, and economic development, the secretary of
corrections, the director of ecology, the commissioner of employment
security, the ((chairman)) chair of the energy facility site evaluation
council, the secretary of the state finance committee, the director of
financial management, the director of fish and wildlife, the executive
secretary of the forest practices appeals board, the director of the
gambling commission, the director of general administration, the
secretary of health, the administrator of the Washington state health
care authority, the executive secretary of the health care facilities
authority, the executive secretary of the higher education facilities
authority, the executive secretary of the horse racing commission, the
executive secretary of the human rights commission, the executive
secretary of the indeterminate sentence review board, the director of
the department of information services, the director of the interagency
committee for outdoor recreation, the executive director of the state
investment board, the director of labor and industries, the director of
licensing, the director of the lottery commission, the director of the
office of minority and women's business enterprises, the director of
parks and recreation, the director of personnel, the executive director
of the public disclosure commission, the director of retirement
systems, the director of revenue, the secretary of social and health
services, the chief of the Washington state patrol, the executive
secretary of the board of tax appeals, the secretary of transportation,
the secretary of the utilities and transportation commission, the
director of veterans affairs, the president of each of the regional and
state universities and the president of The Evergreen State College,
each district and each campus president of each state community
college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of
trustees of each community college, each member of the state board for
community and technical colleges, state convention and trade center
board of directors, committee for deferred compensation, Eastern
Washington University board of trustees, Washington economic
development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, life sciences discovery
fund authority board of trustees, Washington health care facilities
authority, each member of the Washington health services commission,
higher education coordinating board, higher education facilities
authority, horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board, interagency
committee for outdoor recreation, state investment board, commission on
judicial conduct, legislative ethics board, liquor control board,
lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation
commission, personnel appeals board, board of pilotage commissioners,
pollution control hearings board, public disclosure commission, public
pension commission, shorelines hearing board, public employees'
benefits board, salmon recovery funding board, board of tax appeals,
transportation commission, University of Washington board of regents,
utilities and transportation commission, Washington state maritime
commission, Washington personnel resources board, Washington public
power supply system executive board, Washington State University board
of regents, Western Washington University board of trustees, and fish
and wildlife commission.
Sec. 16 RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, and
2003 c 48 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury 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) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the drinking water assistance account, the drinking
water assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital projects
account, the federal forest revolving account, the health services
account, the public health services account, the health system capacity
account, the personal health services account, the state higher
education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the life sciences discovery fund, the local leasehold excise
tax account, the local real estate excise tax account, the local sales
and use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the Puyallup
tribal settlement account, the regional transportation investment
district account, the resource management cost account, the site
closure account, the special wildlife account, the state employees'
insurance account, the state employees' insurance reserve account, the
state investment board expense account, the state investment board
commingled trust fund accounts, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation infrastructure account, the
tuition recovery trust fund, the University of Washington bond
retirement fund, the University of Washington building account, the
volunteer fire fighters' and reserve officers' relief and pension
principal fund, the volunteer fire fighters' and reserve officers'
administrative fund, the Washington fruit express account, the
Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement
account, the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution
control revolving fund, and the Western Washington University capital
projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the
permanent common school fund, the scientific permanent fund, and the
state university permanent fund shall be allocated to their respective
beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(b) 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 aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 17 RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003
c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read as
follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury 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) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the drinking water assistance account, the drinking
water assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital projects
account, the federal forest revolving account, the health services
account, the public health services account, the health system capacity
account, the personal health services account, the state higher
education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the life sciences discovery fund, the local leasehold excise
tax account, the local real estate excise tax account, the local sales
and use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public works
assistance account, the Puyallup tribal settlement account, the
regional transportation investment district account, the resource
management cost account, the site closure account, the special wildlife
account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts, the
supplemental pension account, the Tacoma Narrows toll bridge account,
the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement account, the
transportation infrastructure account, the tuition recovery trust fund,
the University of Washington bond retirement fund, the University of
Washington building account, the volunteer fire fighters' and reserve
officers' relief and pension principal fund, the volunteer fire
fighters' and reserve officers' administrative fund, the Washington
fruit express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire fighters'
system plan 1 retirement account, the Washington law enforcement
officers' and fire fighters' system plan 2 retirement account, the
Washington school employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts. All
earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) 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 aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 18 RCW 43.84.092 and 2004 c 242 s 60 are each amended to
read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury 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) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the drinking water assistance account, the drinking
water assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital projects
account, the federal forest revolving account, the health services
account, the public health services account, the health system capacity
account, the personal health services account, the state higher
education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the life sciences discovery fund, the local leasehold excise
tax account, the local real estate excise tax account, the local sales
and use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public works
assistance account, the Puyallup tribal settlement account, the
regional transportation investment district account, the resource
management cost account, the site closure account, the special wildlife
account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts, the
supplemental pension account, the Tacoma Narrows toll bridge account,
the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement account, the
transportation infrastructure account, the tuition recovery trust fund,
the University of Washington bond retirement fund, the University of
Washington building account, the volunteer fire fighters' and reserve
officers' relief and pension principal fund, the volunteer fire
fighters' and reserve officers' administrative fund, the Washington
fruit express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire fighters'
system plan 1 retirement account, the Washington law enforcement
officers' and fire fighters' system plan 2 retirement account, the
Washington public safety employees' plan 2 retirement account, the
Washington school employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts. All
earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) 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 aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 19
NEW SECTION. Sec. 20
NEW SECTION. Sec. 21
NEW SECTION. Sec. 22
NEW SECTION. Sec. 23
(2) Section 16 of this act expires July 1, 2005.
(3) Section 17 of this act expires July 1, 2006.
NEW SECTION. Sec. 24