1179-SAMSTRANS2806.1SHB 1179S COMM AMDBy Committee on TransportationADOPTED 04/06/2005 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. LEGISLATIVE INTENT. The legislaturerecognizes that the Puget Sound region is faced with growing trafficcongestion and has limited ability to expand freeway capacity due tofinancial, environmental, and physical constraints. Freeway highoccupancy vehicle lanes have been an effective means of providingtransit, vanpools, and carpools with a fast trip on congested freewaycorridors, but in many cases, these lanes are themselves gettingcrowded during the peak commute times, while some are being underusedat off-peak times. It is the intent of the legislature to maximize the effectivenessand efficiency of the freeway system. To evaluate methods toaccomplish this, it is beneficial to evaluate alternative approaches tomanaging the use of freeway highoccupancy vehicle lanes, includingpilot projects to determine and demonstrate the effectiveness andbenefits of implementing highoccupancy toll lanes. The legislatureacknowledges that state route 167 provides an ideal test of the highoccupancy toll lane concept because it is a congested corridor, it hasunderused capacity in the highoccupancy vehicle lane, and it hasadequate right of way for improvements needed to test the concept.Therefore, it is the intent of this act to direct that the departmentof transportation, as a pilot project, develop and operate a highoccupancy toll lane on state route 167 in King county and to conduct anevaluation of that project to determine impacts on freeway efficiency,effectiveness for transit, feasibility of financing improvementsthrough tolls, and the impacts on freeway users.NEW SECTION.Sec. A new section is added to chapter 47.56 RCWto read as follows: 1 DEFINITION OF HIGHOCCUPANCY TOLL LANES. For the purposes of RCW46.61.165 and sections 3 and 4 of this act, "highoccupancy toll lanes"means one or more lanes of a highway that charges tolls as a means ofregulating access to or the use of the facility, to maintain travelspeed and reliability. Supporting facilities include, but are notlimited to, approaches, enforcement areas, improvements, buildings, andequipment.NEW SECTION.Sec. A new section is added to chapter 47.56 RCWto read as follows: AUTHORITY TO DESIGNATE STATE ROUTE 167 HIGHOCCUPANCY TOLL LANEPILOT PROJECT. (1) The department may provide for the establishment,construction, and operation of a pilot project of highoccupancy tolllanes on state route 167 highoccupancy vehicle lanes within Kingcounty. The department may issue, buy, and redeem bonds, and depositand expend them; secure and remit financial and other assistance in theconstruction of highoccupancy toll lanes, carry insurance, and handleany other matters pertaining to the highoccupancy toll lane pilotproject. (2) Tolls for highoccupancy toll lanes will be established asfollows: (a) The schedule of toll charges for highoccupancy toll lanes mustbe established by the transportation commission and collected in amanner determined by the commission. (b) Toll charges shall not be assessed on transit buses and vanpoolvehicles owned or operated by any public agency. (c) The department shall establish performance standards for thestate route 167 highoccupancy toll lane pilot project. The departmentmust automatically adjust the toll charge, using dynamic tolling, toensure that tollpaying singleoccupant vehicle users are onlypermitted to enter the lane to the extent that average vehicle speedsin the lane remain above fortyfive miles per hour at least ninetypercent of the time during peak hours. The toll charge may vary inamount by time of day, level of traffic congestion within the highwayfacility, vehicle occupancy, or other criteria, as the commission maydeem appropriate. The commission may also vary toll charges forsingleoccupant inherently lowemission vehicles such as those powered 2 by electric batteries, natural gas, propane, or other clean burningfuels. (d) The commission shall periodically review the toll charges todetermine if the toll charges are effectively maintaining travel time,speed, and reliability on the highway facilities. (3) The department shall monitor the state route 167 highoccupancytoll lane pilot project and shall annually report to the transportationcommission and the legislature on operations and findings. At aminimum, the department shall provide facility use data and review theimpacts on: (a) Freeway efficiency and safety; (b) Effectiveness for transit; (c) Person and vehicle movements by mode; (d) Ability to finance improvements and transportation servicesthrough tolls; and (e) The impacts on all highway users. The department shall analyzeaggregate use data and conduct, as needed, separate surveys to assessusage of the facility in relation to geographic, socioeconomic, anddemographic information within the corridor in order to ascertainactual and perceived questions of equitable use of the facility. (4) The department shall modify the pilot project to addressidentified safety issues and mitigate negative impacts to highoccupancy vehicle lane users. (5) Authorization to impose highoccupancy vehicle tolls for thestate route 167 highoccupancy toll pilot project expires if either ofthe following two conditions apply: (a) If no contracts have been let by the department to beginconstruction of the toll facilities associated with this pilot projectwithin four years of the effective date of this section; or (b) Four years after toll collection begins under this section. (6) The department of transportation shall adopt rules that allowautomatic vehicle identification transponders used for electronic tollcollection to be compatible with other electronic payment devices ortransponders from the Washington state ferry system, other publictransportation systems, or other toll collection systems to the extentthat technology permits. (7) The conversion of a single existing highoccupancy vehicle lane 3 to a highoccupancy toll lane as proposed for SR167 must be taken asthe exception for this pilot project. (8) A violation of the lane restrictions applicable to the highoccupancy toll lanes established under this section is a trafficinfraction. (9) Procurement activity associated with this pilot project shallbe open and competitive in accordance with chapter 39.29 RCW.NEW SECTION.Sec. A new section is added to chapter 47.66 RCWto read as follows: The highoccupancy toll lanes operations account is created in thestate treasury. The department shall deposit all revenues received bythe department as toll charges collected from highoccupancy toll laneusers. Moneys in this account may be spent only if appropriated by thelegislature. Moneys in this account may be used for, but be notlimited to, debt service, planning, administration, construction,maintenance, operation, repair, rebuilding, enforcement, and expansionof highoccupancy toll lanes and to increase transit, vanpool andcarpool, and trip reduction services in the corridor. A reasonableproportion of the moneys in this account must be dedicated to increasetransit, vanpool, carpool, and trip reduction services in the corridor.A reasonable proportion of the moneys in this account must be dedicatedto increase transit, vanpool, carpool, and trip reduction services inthe corridor.Sec. RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277 s3, and 2003 c 124 s 1 are each reenacted and amended to read asfollows: (1) The following are exempt from public inspection and copying: (a) Personal information in any files maintained for students inpublic schools, patients or clients of public institutions or publichealth agencies, or welfare recipients. (b) Personal information in files maintained for employees,appointees, or elected officials of any public agency to the extentthat disclosure would violate their right to privacy. (c) Information required of any taxpayer in connection with theassessment or collection of any tax if the disclosure of theinformation to other persons would (i) be prohibited to such persons by 4 RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate thetaxpayer's right to privacy or result in unfair competitivedisadvantage to the taxpayer. (d) Specific intelligence information and specific investigativerecords compiled by investigative, law enforcement, and penologyagencies, and state agencies vested with the responsibility todiscipline members of any profession, the nondisclosure of which isessential to effective law enforcement or for the protection of anyperson's right to privacy. (e) Information revealing the identity of persons who are witnessesto or victims of crime or who file complaints with investigative, lawenforcement, or penology agencies, other than the public disclosurecommission, if disclosure would endanger any person's life, physicalsafety, or property. If at the time a complaint is filed thecomplainant, victim or witness indicates a desire for disclosure ornondisclosure, such desire shall govern. However, all complaints filedwith the public disclosure commission about any elected official orcandidate for public office must be made in writing and signed by thecomplainant under oath. (f) Test questions, scoring keys, and other examination data usedto administer a license, employment, or academic examination. (g) Except as provided by chapter 8.26 RCW, the contents of realestate appraisals, made for or by any agency relative to theacquisition or sale of property, until the project or prospective saleis abandoned or until such time as all of the property has beenacquired or the property to which the sale appraisal relates is sold,but in no event shall disclosure be denied for more than three yearsafter the appraisal. (h) Valuable formulae, designs, drawings, computer source code orobject code, and research data obtained by any agency within five yearsof the request for disclosure when disclosure would produce privategain and public loss. (i) Preliminary drafts, notes, recommendations, and intraagencymemorandums in which opinions are expressed or policies formulated orrecommended except that a specific record shall not be exempt whenpublicly cited by an agency in connection with any agency action. (j) Records which are relevant to a controversy to which an agency 5 is a party but which records would not be available to another partyunder the rules of pretrial discovery for causes pending in thesuperior courts. (k) Records, maps, or other information identifying the location ofarchaeological sites in order to avoid the looting or depredation ofsuch sites. (l) Any library record, the primary purpose of which is to maintaincontrol of library materials, or to gain access to information, whichdiscloses 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 orproposal for (i) a ferry system construction or repair contract asrequired by RCW 47.60.680 through 47.60.750 or (ii) highwayconstruction or improvement as required by RCW 47.28.070. (n) Railroad company contracts filed prior to July 28, 1991, withthe utilities and transportation commission under RCW 81.34.070, exceptthat the summaries of the contracts are open to public inspection andcopying as otherwise provided by this chapter. (o) Financial and commercial information and records supplied byprivate persons pertaining to export services provided pursuant tochapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining toexport projects pursuant to RCW 43.23.035. (p) Financial disclosures filed by private vocational schools underchapters 28B.85 and 28C.10 RCW. (q) Records filed with the utilities and transportation commissionor attorney general under RCW 80.04.095 that a court has determined areconfidential under RCW 80.04.095. (r) Financial and commercial information and records supplied bybusinesses or individuals during application for loans or programservices provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,or during application for economic development loans or programservices provided by any local agency. (s) Membership lists or lists of members or owners of interests ofunits in timeshare projects, subdivisions, camping resorts,condominiums, land developments, or commoninterest communitiesaffiliated with such projects, regulated by the department oflicensing, in the files or possession of the department. 6 (t) All applications for public employment, including the names ofapplicants, resumes, and other related materials submitted with respectto an applicant. (u) The residential addresses or residential telephone numbers ofemployees or volunteers of a public agency which are held by any publicagency in personnel records, public employment related records, orvolunteer rosters, or are included in any mailing list of employees orvolunteers of any public agency. (v) The residential addresses and residential telephone numbers ofthe customers of a public utility contained in the records or listsheld by the public utility of which they are customers, except thatthis information may be released to the division of child support orthe agency or firm providing child support enforcement for anotherstate under Title IVD of the federal social security act, for theestablishment, enforcement, or modification of a support order. (w)(i) The federal social security number of individuals governedunder chapter 18.130 RCW maintained in the files of the department ofhealth, except this exemption does not apply to requests made directlyto the department from federal, state, and local agencies ofgovernment, and national and state licensing, credentialing,investigatory, disciplinary, and examination organizations; (ii) thecurrent residential address and current residential telephone number ofa health care provider governed under chapter 18.130 RCW maintained inthe files of the department, if the provider requests that thisinformation be withheld from public inspection and copying, andprovides to the department an accurate alternate or business addressand business telephone number. On or after January 1, 1995, thecurrent residential address and residential telephone number of ahealth care provider governed under RCW 18.130.040 maintained in thefiles of the department shall automatically be withheld from publicinspection and copying unless the provider specifically requests theinformation be released, and except as provided for under RCW42.17.260(9). (x) Information obtained by the board of pharmacy as provided inRCW 69.45.090. (y) Information obtained by the board of pharmacy or the departmentof health and its representatives as provided in RCW 69.41.044,69.41.280, and 18.64.420. 7 (z) Financial information, business plans, examination reports, andany information produced or obtained in evaluating or examining abusiness and industrial development corporation organized or seekingcertification under chapter 31.24 RCW. (aa) Financial and commercial information supplied to the stateinvestment board by any person when the information relates to theinvestment of public trust or retirement funds and when disclosurewould result in loss to such funds or in private loss to the providersof this information. (bb) Financial and valuable trade information under RCW 51.36.120. (cc) Client records maintained by an agency that is a domesticviolence program as defined in RCW 70.123.020 or 70.123.075 or a rapecrisis center as defined in RCW 70.125.030. (dd) Information that identifies a person who, while an agencyemployee: (i) Seeks advice, under an informal process established bythe employing agency, in order to ascertain his or her rights inconnection with a possible unfair practice under chapter 49.60 RCWagainst the person; and (ii) requests his or her identity or anyidentifying information not be disclosed. (ee) Investigative records compiled by an employing agencyconducting a current investigation of a possible unfair practice underchapter 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 inspectionand copying under RCW 15.86.110. (gg) Financial, commercial, operations, and technical and researchinformation and data submitted to or obtained by the clean Washingtoncenter in applications for, or delivery of, program services underchapter 70.95H RCW. (hh) Information and documents created specifically for, andcollected and maintained by a quality improvement committee pursuant toRCW 43.70.510 or 70.41.200, or by a peer review committee under RCW4.24.250, regardless of which agency is in possession of theinformation and documents. (ii) Personal information in files maintained in a data basecreated under RCW 43.07.360. (jj) Financial and commercial information requested by the public 8 stadium authority from any person or organization that leases or usesthe stadium and exhibition center as defined in RCW 36.102.010. (kk) Names of individuals residing in emergency or transitionalhousing that are furnished to the department of revenue or a countyassessor in order to substantiate a claim for property tax exemptionunder RCW 84.36.043. (ll) The names, residential addresses, residential telephonenumbers, and other individually identifiable records held by an agencyin relation to a vanpool, carpool, or other ridesharing program orservice. However, these records may be disclosed to other persons whoapply for ridematching services and who need that information in orderto identify potential riders or drivers with whom to share rides. (mm) The personally identifying information of current or formerparticipants or applicants in a paratransit or other transit serviceoperated for the benefit of persons with disabilities or elderlypersons. (nn) The personally identifying information of persons who acquireand use transit passes and other fare payment media including, but notlimited to, stored value smart cards and magnetic strip cards, exceptthat an agency may disclose this information to a person, employer,educational institution, or other entity that is responsible, in wholeor in part, for payment of the cost of acquiring or using a transitpass or other fare payment media, or to the news media when reportingon public transportation or public safety. This information may alsobe disclosed at the agency's discretion to governmental agencies orgroups concerned with public transportation or public safety. (oo) Proprietary financial and commercial information that thesubmitting entity, with review by the department of health,specifically identifies at the time it is submitted and that isprovided to or obtained by the department of health in connection withan application for, or the supervision of, an antitrust exemptionsought by the submitting entity under RCW 43.72.310. If a request forsuch information is received, the submitting entity must be notified ofthe request. Within ten business days of receipt of the notice, thesubmitting entity shall provide a written statement of the continuingneed for confidentiality, which shall be provided to the requester.Upon receipt of such notice, the department of health shall continue totreat information designated under this section as exempt from 9 disclosure. If the requester initiates an action to compel disclosureunder this chapter, the submitting entity must be joined as a party todemonstrate the continuing need for confidentiality. (pp) Records maintained by the board of industrial insuranceappeals that are related to appeals of crime victims' compensationclaims filed with the board under RCW 7.68.110. (qq) Financial and commercial information supplied by or on behalfof a person, firm, corporation, or entity under chapter 28B.95 RCWrelating to the purchase or sale of tuition units and contracts for thepurchase of multiple tuition units. (rr) Any records of investigative reports prepared by any state,county, municipal, or other law enforcement agency pertaining to sexoffenses contained in chapter 9A.44 RCW or sexually violent offenses asdefined in RCW 71.09.020, which have been transferred to the Washingtonassociation of sheriffs and police chiefs for permanent electronicretention and retrieval pursuant to RCW 40.14.070(2)(b). (ss) Credit card numbers, debit card numbers, electronic checknumbers, card expiration dates, or bank or other financial accountnumbers, except when disclosure is expressly required by or governed byother law. (tt) Financial information, including but not limited to accountnumbers and values, and other identification numbers supplied by or onbehalf of a person, firm, corporation, limited liability company,partnership, or other entity related to an application for a liquorlicense, gambling license, or lottery retail license. (uu) Records maintained by the employment security department andsubject to chapter 50.13 RCW if provided to another individual ororganization for operational, research, or evaluation purposes. (vv) Individually identifiable information received by the workforce training and education coordinating board for research orevaluation purposes. (ww) Those portions of records assembled, prepared, or maintainedto prevent, mitigate, or respond to criminal terrorist acts, which areacts that significantly disrupt the conduct of government or of thegeneral civilian population of the state or the United States and thatmanifest an extreme indifference to human life, the public disclosureof which would have a substantial likelihood of threatening publicsafety, consisting of: 10 (i) Specific and unique vulnerability assessments or specific andunique response or deployment plans, including compiled underlying datacollected in preparation of or essential to the assessments, or to theresponse or deployment plans; and (ii) Records not subject to public disclosure under federal lawthat are shared by federal or international agencies, and informationprepared from national security briefings provided to state or localgovernment officials related to domestic preparedness for acts ofterrorism. (xx) Commercial fishing catch data from logbooks required to beprovided to the department of fish and wildlife under RCW 77.12.047,when the data identifies specific catch location, timing, ormethodology and the release of which would result in unfair competitivedisadvantage to the commercial fisher providing the catch data.However, this information may be released to government agenciesconcerned with the management of fish and wildlife resources. (yy) Sensitive wildlife data obtained by the department of fish andwildlife. However, sensitive wildlife data may be released togovernment agencies concerned with the management of fish and wildliferesources. Sensitive wildlife data includes: (i) The nesting sites or specific locations of endangered speciesdesignated under RCW 77.12.020, or threatened or sensitive speciesclassified 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 aspecific fish or wildlife population, and where at least one of thefollowing 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 thespecies behavior or ecology renders it especially vulnerable or thespecies has an extremely limited distribution and concentration. (zz) The personally identifying information of persons who acquirerecreational licenses under RCW 77.32.010 or commercial licenses underchapter 77.65 or 77.70 RCW, except name, address of contact used by thedepartment, and type of license, endorsement, or tag. However, the 11 department of fish and wildlife may disclose personally identifyinginformation to: (i) Government agencies concerned with the management of fish andwildlife resources; (ii) The department of social and health services, child supportdivision, and to the department of licensing in order to implement RCW77.32.014 and 46.20.291; and (iii) Law enforcement agencies for the purpose of firearmpossession enforcement under RCW 9.41.040. (aaa)(i) Discharge papers of a veteran of the armed forces of theUnited 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 nextof kin, a deceased veteran's properly appointed personal representativeor executor, a person holding that veteran's general power of attorney,or to anyone else designated in writing by that veteran to receive therecords. (ii) Discharge papers of a veteran of the armed forces of theUnited States filed at the office of the county auditor before July 1,2002, that have been commingled with other records, if the veteran hasrecorded a "request for exemption from public disclosure of dischargepapers" 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 appointedpersonal representative or executor, a person holding the veteran'sgeneral power of attorney, or anyone else designated in writing by theveteran to receive the records. (iii) Discharge papers of a veteran filed at the office of thecounty auditor after June 30, 2002, are not public records, but will beavailable only to the veteran, the veteran's next of kin, a deceasedveteran's properly appointed personal representative or executor, aperson holding the veteran's general power of attorney, or anyone elsedesignated in writing by the veteran to receive the records. (iv) For the purposes of this subsection (1)(aaa), next of kin ofdeceased 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. 12 (bbb) Those portions of records containing specific and uniquevulnerability assessments or specific and unique emergency and escaperesponse plans at a city, county, or state adult or juvenilecorrectional facility, the public disclosure of which would have asubstantial likelihood of threatening the security of a city, county,or state adult or juvenile correctional facility or any individual'ssafety. (ccc) Information compiled by school districts or schools in thedevelopment of their comprehensive safe school plans pursuant to RCW28A.320.125, to the extent that they identify specific vulnerabilitiesof school districts and each individual school. (ddd) Information regarding the infrastructure and security ofcomputer and telecommunications networks, consisting of securitypasswords, security access codes and programs, access codes for securesoftware applications, security and service recovery plans, securityrisk assessments, and security test results to the extent that theyidentify specific system vulnerabilities. (eee) Information obtained and exempted or withheld from publicinspection by the health care authority under RCW 41.05.026, whetherretained by the authority, transferred to another state purchasedhealth care program by the authority, or transferred by the authorityto a technical review committee created to facilitate the development,acquisition, or implementation of state purchased health care underchapter 41.05 RCW. (fff) Proprietary data, trade secrets, or other information thatrelates 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 byany vendor to the department of social and health services for purposesof the development, acquisition, or implementation of state purchasedhealth care as defined in RCW 41.05.011. (ggg) Proprietary information deemed confidential for the purposesof section 923, chapter 26, Laws of 2003 1st sp. sess. (hhh) The personally identifying information of persons who acquireand use transponders or other technology to facilitate payment oftolls. This information may be disclosed in aggregate form as long asthe data does not contain any personally identifying information. Forthese purposes aggregate data may include the census tract of the 13 account holder as long as any individual personally identifyinginformation is not released. Personally identifying information may bereleased to law enforcement agencies only for toll enforcementpurposes. Personally identifying information may be released to lawenforcement agencies for other purposes only if the request isaccompanied by a court order. (2) Except for information described in subsection (1)(c)(i) ofthis section and confidential income data exempted from publicinspection pursuant to RCW 84.40.020, the exemptions of this sectionare inapplicable to the extent that information, the disclosure ofwhich would violate personal privacy or vital governmental interests,can be deleted from the specific records sought. No exemption may beconstrued to permit the nondisclosure of statistical information notdescriptive of any readily identifiable person or persons. (3) Inspection or copying of any specific records exempt under theprovisions of this section may be permitted if the superior court inthe county in which the record is maintained finds, after a hearingwith notice thereof to every person in interest and the agency, thatthe exemption of such records is clearly unnecessary to protect anyindividual's right of privacy or any vital governmental function. (4) Agency responses refusing, in whole or in part, inspection ofany public record shall include a statement of the specific exemptionauthorizing the withholding of the record (or part) and a briefexplanation of how the exemption applies to the record withheld.Sec. RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 areeach 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 inpublic schools, patients or clients of public institutions or publichealth agencies, or welfare recipients. (b) Personal information in files maintained for employees,appointees, or elected officials of any public agency to the extentthat disclosure would violate their right to privacy. (c) Information required of any taxpayer in connection with theassessment or collection of any tax if the disclosure of theinformation to other persons would (i) be prohibited to such persons by 14 RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate thetaxpayer's right to privacy or result in unfair competitivedisadvantage to the taxpayer. (d) Specific intelligence information and specific investigativerecords compiled by investigative, law enforcement, and penologyagencies, and state agencies vested with the responsibility todiscipline members of any profession, the nondisclosure of which isessential to effective law enforcement or for the protection of anyperson's right to privacy. (e) Information revealing the identity of persons who are witnessesto or victims of crime or who file complaints with investigative, lawenforcement, or penology agencies, other than the public disclosurecommission, if disclosure would endanger any person's life, physicalsafety, or property. If at the time a complaint is filed thecomplainant, victim or witness indicates a desire for disclosure ornondisclosure, such desire shall govern. However, all complaints filedwith the public disclosure commission about any elected official orcandidate for public office must be made in writing and signed by thecomplainant under oath. (f) Test questions, scoring keys, and other examination data usedto administer a license, employment, or academic examination. (g) Except as provided by chapter 8.26 RCW, the contents of realestate appraisals, made for or by any agency relative to theacquisition or sale of property, until the project or prospective saleis abandoned or until such time as all of the property has beenacquired or the property to which the sale appraisal relates is sold,but in no event shall disclosure be denied for more than three yearsafter the appraisal. (h) Valuable formulae, designs, drawings, computer source code orobject code, and research data obtained by any agency within five yearsof the request for disclosure when disclosure would produce privategain and public loss. (i) Preliminary drafts, notes, recommendations, and intraagencymemorandums in which opinions are expressed or policies formulated orrecommended except that a specific record shall not be exempt whenpublicly cited by an agency in connection with any agency action. (j) Records which are relevant to a controversy to which an agency 15 is a party but which records would not be available to another partyunder the rules of pretrial discovery for causes pending in thesuperior courts. (k) Records, maps, or other information identifying the location ofarchaeological sites in order to avoid the looting or depredation ofsuch sites. (l) Any library record, the primary purpose of which is to maintaincontrol of library materials, or to gain access to information, whichdiscloses 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 orproposal for (i) a ferry system construction or repair contract asrequired by RCW 47.60.680 through 47.60.750 or (ii) highwayconstruction or improvement as required by RCW 47.28.070. (n) Railroad company contracts filed prior to July 28, 1991, withthe utilities and transportation commission under RCW 81.34.070, exceptthat the summaries of the contracts are open to public inspection andcopying as otherwise provided by this chapter. (o) Financial and commercial information and records supplied byprivate persons pertaining to export services provided pursuant tochapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining toexport projects pursuant to RCW 43.23.035. (p) Financial disclosures filed by private vocational schools underchapters 28B.85 and 28C.10 RCW. (q) Records filed with the utilities and transportation commissionor attorney general under RCW 80.04.095 that a court has determined areconfidential under RCW 80.04.095. (r) Financial and commercial information and records supplied bybusinesses or individuals during application for loans or programservices provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,or during application for economic development loans or programservices provided by any local agency. (s) Membership lists or lists of members or owners of interests ofunits in timeshare projects, subdivisions, camping resorts,condominiums, land developments, or commoninterest communitiesaffiliated with such projects, regulated by the department oflicensing, in the files or possession of the department. 16 (t) All applications for public employment, including the names ofapplicants, resumes, and other related materials submitted with respectto an applicant. (u) The residential addresses or residential telephone numbers ofemployees or volunteers of a public agency which are held by any publicagency in personnel records, public employment related records, orvolunteer rosters, or are included in any mailing list of employees orvolunteers of any public agency. (v) The residential addresses and residential telephone numbers ofthe customers of a public utility contained in the records or listsheld by the public utility of which they are customers, except thatthis information may be released to the division of child support orthe agency or firm providing child support enforcement for anotherstate under Title IVD of the federal social security act, for theestablishment, enforcement, or modification of a support order. (w)(i) The federal social security number of individuals governedunder chapter 18.130 RCW maintained in the files of the department ofhealth, except this exemption does not apply to requests made directlyto the department from federal, state, and local agencies ofgovernment, and national and state licensing, credentialing,investigatory, disciplinary, and examination organizations; (ii) thecurrent residential address and current residential telephone number ofa health care provider governed under chapter 18.130 RCW maintained inthe files of the department, if the provider requests that thisinformation be withheld from public inspection and copying, andprovides to the department an accurate alternate or business addressand business telephone number. On or after January 1, 1995, thecurrent residential address and residential telephone number of ahealth care provider governed under RCW 18.130.040 maintained in thefiles of the department shall automatically be withheld from publicinspection and copying unless the provider specifically requests theinformation be released, and except as provided for under RCW42.17.260(9). (x) Information obtained by the board of pharmacy as provided inRCW 69.45.090. (y) Information obtained by the board of pharmacy or the departmentof health and its representatives as provided in RCW 69.41.044,69.41.280, and 18.64.420. 17 (z) Financial information, business plans, examination reports, andany information produced or obtained in evaluating or examining abusiness and industrial development corporation organized or seekingcertification under chapter 31.24 RCW. (aa) Financial and commercial information supplied to the stateinvestment board by any person when the information relates to theinvestment of public trust or retirement funds and when disclosurewould result in loss to such funds or in private loss to the providersof this information. (bb) Financial and valuable trade information under RCW 51.36.120. (cc) Client records maintained by an agency that is a domesticviolence program as defined in RCW 70.123.020 or 70.123.075 or a rapecrisis center as defined in RCW 70.125.030. (dd) Information that identifies a person who, while an agencyemployee: (i) Seeks advice, under an informal process established bythe employing agency, in order to ascertain his or her rights inconnection with a possible unfair practice under chapter 49.60 RCWagainst the person; and (ii) requests his or her identity or anyidentifying information not be disclosed. (ee) Investigative records compiled by an employing agencyconducting a current investigation of a possible unfair practice underchapter 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 inspectionand copying under RCW 15.86.110. (gg) Financial, commercial, operations, and technical and researchinformation and data submitted to or obtained by the clean Washingtoncenter in applications for, or delivery of, program services underchapter 70.95H RCW. (hh) Information and documents created specifically for, andcollected and maintained by a quality improvement committee pursuant toRCW 43.70.510 or 70.41.200, or by a peer review committee under RCW4.24.250, regardless of which agency is in possession of theinformation and documents. (ii) Personal information in files maintained in a data basecreated under RCW 43.07.360. (jj) Financial and commercial information requested by the public 18 stadium authority from any person or organization that leases or usesthe stadium and exhibition center as defined in RCW 36.102.010. (kk) Names of individuals residing in emergency or transitionalhousing that are furnished to the department of revenue or a countyassessor in order to substantiate a claim for property tax exemptionunder RCW 84.36.043. (ll) The names, residential addresses, residential telephonenumbers, and other individually identifiable records held by an agencyin relation to a vanpool, carpool, or other ridesharing program orservice. However, these records may be disclosed to other persons whoapply for ridematching services and who need that information in orderto identify potential riders or drivers with whom to share rides. (mm) The personally identifying information of current or formerparticipants or applicants in a paratransit or other transit serviceoperated for the benefit of persons with disabilities or elderlypersons. (nn) The personally identifying information of persons who acquireand use transit passes and other fare payment media including, but notlimited to, stored value smart cards and magnetic strip cards, exceptthat an agency may disclose this information to a person, employer,educational institution, or other entity that is responsible, in wholeor in part, for payment of the cost of acquiring or using a transitpass or other fare payment media, or to the news media when reportingon public transportation or public safety. This information may alsobe disclosed at the agency's discretion to governmental agencies orgroups concerned with public transportation or public safety. (oo) Proprietary financial and commercial information that thesubmitting entity, with review by the department of health,specifically identifies at the time it is submitted and that isprovided to or obtained by the department of health in connection withan application for, or the supervision of, an antitrust exemptionsought by the submitting entity under RCW 43.72.310. If a request forsuch information is received, the submitting entity must be notified ofthe request. Within ten business days of receipt of the notice, thesubmitting entity shall provide a written statement of the continuingneed for confidentiality, which shall be provided to the requester.Upon receipt of such notice, the department of health shall continue totreat information designated under this section as exempt from 19 disclosure. If the requester initiates an action to compel disclosureunder this chapter, the submitting entity must be joined as a party todemonstrate the continuing need for confidentiality. (pp) Records maintained by the board of industrial insuranceappeals that are related to appeals of crime victims' compensationclaims filed with the board under RCW 7.68.110. (qq) Financial and commercial information supplied by or on behalfof a person, firm, corporation, or entity under chapter 28B.95 RCWrelating to the purchase or sale of tuition units and contracts for thepurchase of multiple tuition units. (rr) Any records of investigative reports prepared by any state,county, municipal, or other law enforcement agency pertaining to sexoffenses contained in chapter 9A.44 RCW or sexually violent offenses asdefined in RCW 71.09.020, which have been transferred to the Washingtonassociation of sheriffs and police chiefs for permanent electronicretention and retrieval pursuant to RCW 40.14.070(2)(b). (ss) Credit card numbers, debit card numbers, electronic checknumbers, card expiration dates, or bank or other financial accountnumbers, except when disclosure is expressly required by or governed byother law. (tt) Financial information, including but not limited to accountnumbers and values, and other identification numbers supplied by or onbehalf of a person, firm, corporation, limited liability company,partnership, or other entity related to an application for a liquorlicense, gambling license, or lottery retail license. (uu) Records maintained by the employment security department andsubject to chapter 50.13 RCW if provided to another individual ororganization for operational, research, or evaluation purposes. (vv) Individually identifiable information received by the workforce training and education coordinating board for research orevaluation purposes. (ww) Those portions of records assembled, prepared, or maintainedto prevent, mitigate, or respond to criminal terrorist acts, which areacts that significantly disrupt the conduct of government or of thegeneral civilian population of the state or the United States and thatmanifest an extreme indifference to human life, the public disclosureof which would have a substantial likelihood of threatening publicsafety, consisting of: 20 (i) Specific and unique vulnerability assessments or specific andunique response or deployment plans, including compiled underlying datacollected in preparation of or essential to the assessments, or to theresponse or deployment plans; and (ii) Records not subject to public disclosure under federal lawthat are shared by federal or international agencies, and informationprepared from national security briefings provided to state or localgovernment officials related to domestic preparedness for acts ofterrorism. (xx) Commercial fishing catch data from logbooks required to beprovided to the department of fish and wildlife under RCW 77.12.047,when the data identifies specific catch location, timing, ormethodology and the release of which would result in unfair competitivedisadvantage to the commercial fisher providing the catch data.However, this information may be released to government agenciesconcerned with the management of fish and wildlife resources. (yy) Sensitive wildlife data obtained by the department of fish andwildlife. However, sensitive wildlife data may be released togovernment agencies concerned with the management of fish and wildliferesources. Sensitive wildlife data includes: (i) The nesting sites or specific locations of endangered speciesdesignated under RCW 77.12.020, or threatened or sensitive speciesclassified 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 aspecific fish or wildlife population, and where at least one of thefollowing 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 thespecies behavior or ecology renders it especially vulnerable or thespecies has an extremely limited distribution and concentration. (zz) The personally identifying information of persons who acquirerecreational licenses under RCW 77.32.010 or commercial licenses underchapter 77.65 or 77.70 RCW, except name, address of contact used by thedepartment, and type of license, endorsement, or tag. However, the 21 department of fish and wildlife may disclose personally identifyinginformation to: (i) Government agencies concerned with the management of fish andwildlife resources; (ii) The department of social and health services, child supportdivision, and to the department of licensing in order to implement RCW77.32.014 and 46.20.291; and (iii) Law enforcement agencies for the purpose of firearmpossession enforcement under RCW 9.41.040. (aaa)(i) Discharge papers of a veteran of the armed forces of theUnited 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 nextof kin, a deceased veteran's properly appointed personal representativeor executor, a person holding that veteran's general power of attorney,or to anyone else designated in writing by that veteran to receive therecords. (ii) Discharge papers of a veteran of the armed forces of theUnited States filed at the office of the county auditor before July 1,2002, that have been commingled with other records, if the veteran hasrecorded a "request for exemption from public disclosure of dischargepapers" 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 appointedpersonal representative or executor, a person holding the veteran'sgeneral power of attorney, or anyone else designated in writing by theveteran to receive the records. (iii) Discharge papers of a veteran filed at the office of thecounty auditor after June 30, 2002, are not public records, but will beavailable only to the veteran, the veteran's next of kin, a deceasedveteran's properly appointed personal representative or executor, aperson holding the veteran's general power of attorney, or anyone elsedesignated in writing by the veteran to receive the records. (iv) For the purposes of this subsection (1)(aaa), next of kin ofdeceased 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. 22 (bbb) Those portions of records containing specific and uniquevulnerability assessments or specific and unique emergency and escaperesponse plans at a city, county, or state adult or juvenilecorrectional facility, the public disclosure of which would have asubstantial likelihood of threatening the security of a city, county,or state adult or juvenile correctional facility or any individual'ssafety. (ccc) Information compiled by school districts or schools in thedevelopment of their comprehensive safe school plans pursuant to RCW28A.320.125, to the extent that they identify specific vulnerabilitiesof school districts and each individual school. (ddd) Information regarding the infrastructure and security ofcomputer and telecommunications networks, consisting of securitypasswords, security access codes and programs, access codes for securesoftware applications, security and service recovery plans, securityrisk assessments, and security test results to the extent that theyidentify specific system vulnerabilities. (eee) Information obtained and exempted or withheld from publicinspection by the health care authority under RCW 41.05.026, whetherretained by the authority, transferred to another state purchasedhealth care program by the authority, or transferred by the authorityto a technical review committee created to facilitate the development,acquisition, or implementation of state purchased health care underchapter 41.05 RCW. (fff) Proprietary data, trade secrets, or other information thatrelates 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 byany vendor to the department of social and health services for purposesof the development, acquisition, or implementation of state purchasedhealth care as defined in RCW 41.05.011. (ggg) The personally identifying information of persons who acquireand use transponders or other technology to facilitate payment oftolls. This information may be disclosed in aggregate form as long asthe data does not contain any personally identifying information. Forthese purposes aggregate data may include the census tract of theaccount holder as long as any individual personally identifyinginformation is not released. Personally identifying information may be 23 released to law enforcement agencies only for toll enforcementpurposes. Personally identifying information may be released to lawenforcement agencies for other purposes only if the request isaccompanied by a court order. (2) Except for information described in subsection (1)(c)(i) ofthis section and confidential income data exempted from publicinspection pursuant to RCW 84.40.020, the exemptions of this sectionare inapplicable to the extent that information, the disclosure ofwhich would violate personal privacy or vital governmental interests,can be deleted from the specific records sought. No exemption may beconstrued to permit the nondisclosure of statistical information notdescriptive of any readily identifiable person or persons. (3) Inspection or copying of any specific records exempt under theprovisions of this section may be permitted if the superior court inthe county in which the record is maintained finds, after a hearingwith notice thereof to every person in interest and the agency, thatthe exemption of such records is clearly unnecessary to protect anyindividual's right of privacy or any vital governmental function. (4) Agency responses refusing, in whole or in part, inspection ofany public record shall include a statement of the specific exemptionauthorizing the withholding of the record (or part) and a briefexplanation of how the exemption applies to the record withheld.Sec. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read asfollows: (1) All earnings of investments of surplus balances in the statetreasury shall be deposited to the treasury income account, whichaccount is hereby established in the state treasury. (2) The treasury income account shall be utilized to pay or receivefunds associated with federal programs as required by the federal cashmanagement improvement act of 1990. The treasury income account issubject in all respects to chapter 43.88 RCW, but no appropriation isrequired for refunds or allocations of interest earnings required bythe cash management improvement act. Refunds of interest to thefederal treasury required under the cash management improvement actfall under RCW 43.88.180 and shall not require appropriation. Theoffice of financial management shall determine the amounts due to or 24 from the federal government pursuant to the cash management improvementact. The office of financial management may direct transfers of fundsbetween accounts as deemed necessary to implement the provisions of thecash management improvement act, and this subsection. Refunds orallocations shall occur prior to the distributions of earnings setforth in subsection (4) of this section. (3) Except for the provisions of RCW 43.84.160, the treasury incomeaccount may be utilized for the payment of purchased banking serviceson behalf of treasury funds including, but not limited to, depository,safekeeping, and disbursement functions for the state treasury andaffected state agencies. The treasury income account is subject in allrespects to chapter 43.88 RCW, but no appropriation is required forpayments to financial institutions. Payments shall occur prior todistribution of earnings set forth in subsection (4) of this section. (4) Monthly, the state treasurer shall distribute the earningscredited to the treasury income account. The state treasurer shallcredit the general fund with all the earnings credited to the treasuryincome account except: (a) The following accounts and funds shall receive theirproportionate share of earnings based upon each account's and fund'saverage daily balance for the period: The capitol buildingconstruction account, the Cedar River channel construction andoperation account, the Central Washington University capital projectsaccount, the charitable, educational, penal and reformatoryinstitutions account, the common school construction fund, the countycriminal justice assistance account, the county sales and use taxequalization account, the data processing building constructionaccount, the deferred compensation administrative account, the deferredcompensation principal account, the department of retirement systemsexpense account, the drinking water assistance account, the drinkingwater assistance administrative account, the drinking water assistancerepayment account, the Eastern Washington University capital projectsaccount, the education construction fund, the election account, theemergency reserve fund, The Evergreen State College capital projectsaccount, the federal forest revolving account, the health servicesaccount, the public health services account, the health system capacityaccount, the personal health services account, the state highereducation construction account, the higher education construction 25 account, the highway infrastructure account, the highoccupancy tolllanes operations account, the industrial insurance premium refundaccount, the judges' retirement account, the judicial retirementadministrative account, the judicial retirement principal account, thelocal leasehold excise tax account, the local real estate excise taxaccount, the local sales and use tax account, the medical aid account,the mobile home park relocation fund, the multimodal transportationaccount, the municipal criminal justice assistance account, themunicipal sales and use tax equalization account, the natural resourcesdeposit account, the oyster reserve land account, the perpetualsurveillance and maintenance account, the public employees' retirementsystem plan 1 account, the public employees' retirement system combinedplan 2 and plan 3 account, the public facilities construction loanrevolving account beginning July 1, 2004, the public healthsupplemental account, the public works assistance account, the Puyalluptribal settlement account, the regional transportation investmentdistrict account, the resource management cost account, the siteclosure account, the special wildlife account, the state employees'insurance account, the state employees' insurance reserve account, thestate investment board expense account, the state investment boardcommingled trust fund accounts, the supplemental pension account, theTacoma Narrows toll bridge account, the teachers' retirement systemplan 1 account, the teachers' retirement system combined plan 2 andplan 3 account, the tobacco prevention and control account, the tobaccosettlement account, the transportation infrastructure account, thetuition recovery trust fund, the University of Washington bondretirement fund, the University of Washington building account, thevolunteer fire fighters' and reserve officers' relief and pensionprincipal fund, the volunteer fire fighters' and reserve officers'administrative fund, the Washington fruit express account, theWashington judicial retirement system account, the Washington lawenforcement officers' and fire fighters' system plan 1 retirementaccount, 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 statehealth insurance pool account, the Washington state patrol retirementaccount, the Washington State University building account, theWashington State University bond retirement fund, the water pollution 26 control revolving fund, and the Western Washington University capitalprojects account. Earnings derived from investing balances of theagricultural permanent fund, the normal school permanent fund, thepermanent common school fund, the scientific permanent fund, and thestate university permanent fund shall be allocated to their respectivebeneficiary accounts. All earnings to be distributed under thissubsection (4)(a) shall first be reduced by the allocation to the statetreasurer's service fund pursuant to RCW 43.08.190. (b) The following accounts and funds shall receive eighty percentof their proportionate share of earnings based upon each account's orfund's average daily balance for the period: The aeronautics account,the aircraft search and rescue account, the county arterialpreservation account, the department of licensing services account, theessential rail assistance account, the ferry bond retirement fund, thegrade crossing protective fund, the high capacity transportationaccount, the highway bond retirement fund, the highway safety account,the motor vehicle fund, the motorcycle safety education account, thepilotage account, the public transportation systems account, the PugetSound capital construction account, the Puget Sound ferry operationsaccount, the recreational vehicle account, the rural arterial trustaccount, the safety and education account, the special category Caccount, the state patrol highway account, the transportation 2003account (nickel account), the transportation equipment fund, thetransportation fund, the transportation improvement account, thetransportation improvement board bond retirement account, and the urbanarterial trust account. (5) In conformance with Article II, section 37 of the stateConstitution, no treasury accounts or funds shall be allocated earningswithout the specific affirmative directive of this section.Sec. RCW 43.84.092 and 2004 c 242 s 60 are each amended to readas follows: (1) All earnings of investments of surplus balances in the statetreasury shall be deposited to the treasury income account, whichaccount is hereby established in the state treasury. (2) The treasury income account shall be utilized to pay or receivefunds associated with federal programs as required by the federal cashmanagement improvement act of 1990. The treasury income account is 27 subject in all respects to chapter 43.88 RCW, but no appropriation isrequired for refunds or allocations of interest earnings required bythe cash management improvement act. Refunds of interest to thefederal treasury required under the cash management improvement actfall under RCW 43.88.180 and shall not require appropriation. Theoffice of financial management shall determine the amounts due to orfrom the federal government pursuant to the cash management improvementact. The office of financial management may direct transfers of fundsbetween accounts as deemed necessary to implement the provisions of thecash management improvement act, and this subsection. Refunds orallocations shall occur prior to the distributions of earnings setforth in subsection (4) of this section. (3) Except for the provisions of RCW 43.84.160, the treasury incomeaccount may be utilized for the payment of purchased banking serviceson behalf of treasury funds including, but not limited to, depository,safekeeping, and disbursement functions for the state treasury andaffected state agencies. The treasury income account is subject in allrespects to chapter 43.88 RCW, but no appropriation is required forpayments to financial institutions. Payments shall occur prior todistribution of earnings set forth in subsection (4) of this section. (4) Monthly, the state treasurer shall distribute the earningscredited to the treasury income account. The state treasurer shallcredit the general fund with all the earnings credited to the treasuryincome account except: (a) The following accounts and funds shall receive theirproportionate share of earnings based upon each account's and fund'saverage daily balance for the period: The capitol buildingconstruction account, the Cedar River channel construction andoperation account, the Central Washington University capital projectsaccount, the charitable, educational, penal and reformatoryinstitutions account, the common school construction fund, the countycriminal justice assistance account, the county sales and use taxequalization account, the data processing building constructionaccount, the deferred compensation administrative account, the deferredcompensation principal account, the department of retirement systemsexpense account, the drinking water assistance account, the drinkingwater assistance administrative account, the drinking water assistancerepayment account, the Eastern Washington University capital projects 28 account, the education construction fund, the election account, theemergency reserve fund, The Evergreen State College capital projectsaccount, the federal forest revolving account, the health servicesaccount, the public health services account, the health system capacityaccount, the personal health services account, the state highereducation construction account, the higher education constructionaccount, the highway infrastructure account, the highoccupancy tolllanes operations account, the industrial insurance premium refundaccount, the judges' retirement account, the judicial retirementadministrative account, the judicial retirement principal account, thelocal leasehold excise tax account, the local real estate excise taxaccount, the local sales and use tax account, the medical aid account,the mobile home park relocation fund, the multimodal transportationaccount, the municipal criminal justice assistance account, themunicipal sales and use tax equalization account, the natural resourcesdeposit account, the oyster reserve land account, the perpetualsurveillance and maintenance account, the public employees' retirementsystem plan 1 account, the public employees' retirement system combinedplan 2 and plan 3 account, the public facilities construction loanrevolving account beginning July 1, 2004, the public healthsupplemental account, the public works assistance account, the Puyalluptribal settlement account, the regional transportation investmentdistrict account, the resource management cost account, the siteclosure account, the special wildlife account, the state employees'insurance account, the state employees' insurance reserve account, thestate investment board expense account, the state investment boardcommingled trust fund accounts, the supplemental pension account, theTacoma Narrows toll bridge account, the teachers' retirement systemplan 1 account, the teachers' retirement system combined plan 2 andplan 3 account, the tobacco prevention and control account, the tobaccosettlement account, the transportation infrastructure account, thetuition recovery trust fund, the University of Washington bondretirement fund, the University of Washington building account, thevolunteer fire fighters' and reserve officers' relief and pensionprincipal fund, the volunteer fire fighters' and reserve officers'administrative fund, the Washington fruit express account, theWashington judicial retirement system account, the Washington lawenforcement officers' and fire fighters' system plan 1 retirement 29 account, the Washington law enforcement officers' and fire fighters'system plan 2 retirement account, the Washington public safetyemployees' plan 2 retirement account, the Washington school employees'retirement system combined plan 2 and 3 account, the Washington statehealth insurance pool account, the Washington state patrol retirementaccount, the Washington State University building account, theWashington State University bond retirement fund, the water pollutioncontrol revolving fund, and the Western Washington University capitalprojects account. Earnings derived from investing balances of theagricultural permanent fund, the normal school permanent fund, thepermanent common school fund, the scientific permanent fund, and thestate university permanent fund shall be allocated to their respectivebeneficiary accounts. All earnings to be distributed under thissubsection (4)(a) shall first be reduced by the allocation to the statetreasurer's service fund pursuant to RCW 43.08.190. (b) The following accounts and funds shall receive eighty percentof their proportionate share of earnings based upon each account's orfund's average daily balance for the period: The aeronautics account,the aircraft search and rescue account, the county arterialpreservation account, the department of licensing services account, theessential rail assistance account, the ferry bond retirement fund, thegrade crossing protective fund, the high capacity transportationaccount, the highway bond retirement fund, the highway safety account,the motor vehicle fund, the motorcycle safety education account, thepilotage account, the public transportation systems account, the PugetSound capital construction account, the Puget Sound ferry operationsaccount, the recreational vehicle account, the rural arterial trustaccount, the safety and education account, the special category Caccount, the state patrol highway account, the transportation 2003account (nickel account), the transportation equipment fund, thetransportation fund, the transportation improvement account, thetransportation improvement board bond retirement account, and the urbanarterial trust account. (5) In conformance with Article II, section 37 of the stateConstitution, no treasury accounts or funds shall be allocated earningswithout the specific affirmative directive of this section. 30 NEW SECTION.Sec. Section captions used in this act are notany part of the law.NEW SECTION.Sec. (1) Section 5 of this act expires June 30,2005. (2) Section 7 of this act expires July 1, 2006.NEW SECTION.Sec. (1) Section 6 of this act is necessary forthe immediate preservation of the public peace, health, or safety, orsupport of the state government and its existing public institutions,and takes effect June 30, 2005. (2) Section 8 of this act takes effect July 1, 2006.NEW SECTION.Sec. Section 5 of this act is necessary for theimmediate preservation of the public peace, health, or safety, orsupport of the state government and its existing public institutions,and takes effect immediately.SHB 1179S COMM AMDBy Committee on TransportationADOPTED 04/06/2005 On page 1, line 1 of the title, after lanes; strike the remainderof the title and insert amending RCW 43.84.092; reenacting andamending RCW 42.17.310, 42.17.310, and 43.84.092; adding new sectionsto chapter 47.56 RCW; adding a new section to chapter 47.66 RCW;creating new sections; prescribing penalties; providing effectivedates; providing expiration dates; and declaring an emergency.--- END --- 31