[atlas:bill]

AN ACT Relating to franchises and the use of public rights-of-way; amending RCW 35.21.860, 36.55.010, and 42.17.310; adding a new section to chapter 35A.21 RCW; adding a new chapter to Title 35 RCW; adding a new chapter to Title 36 RCW; providing an effective date; providing a contingent effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Cable television service" means the one‑way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of such video programming or other programming service.

(2) "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.

(3) "Right-of-way" means public roads and streets, but does not include:

(a) State highways;

(b) Land dedicated for roads, streets, and highways not opened or improved for motor vehicle use;

(d) Federally granted trust lands or the forest board trust lands;

(e) Lands owned or managed by the state parks and recreation commission; or

(f) Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law that are not open for motor vehicle use.

(4) "Service provider" means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide telecommunications or cable television service for hire, sale, or resale to the general public. "Service provider" includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.

(5) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for the general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, "telecommunications service" excludes the over-the-air transmission of broadcast television or broadcast radio signals.

NEW SECTION. Sec. 2. (1) A city or town shall not unreasonably deny the use of the right-of-way for installing, maintaining, or removing facilities for telecommunications services or cable television services. The reasons for a denial of the use of the right-of-way shall be stated in writing.

(2) A city or town shall:

(a) Before issuing a permit, make a finding that approval of the permit is consistent with easement rights, if any, granted for the right-of-way;

(b) Provide as much advance notice as practicable of plans to open the right-of-way so that work within the right-of-way may be scheduled and coordinated. Information regarding existing or planned facilities that is provided by a service provider to a city or town for the purpose of planning for, scheduling, and coordinating work in the right-of-way is exempt under RCW 42.17.310 from public inspection and copying; and

(c) Ensure that facilities are installed and maintained within the right-of-way in such manner and at such points so as not to inconvenience the public use of the right-of-way.

(3) A service provider shall:

(a) Obtain all permits required by the city or town for the installation, maintenance, or removal of facilities in the right-of-way;

(b) Ensure that facilities comply with applicable land use and construction codes, regulations, standards, and franchise requirements adopted by a city or town, subject to verification by the city or town of such compliance;

(c) Cooperate with the city or town in ensuring that facilities are installed and maintained within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way;

(d) Prior to attaching to or otherwise using a facility or structure in the right-of-way: (i) Obtain the written approval of the facility or structure owner if the service provider does not own it; and (ii) comply with any conditions imposed regarding such an attachment to or other use of the facility or structure;

(e) Prior to using public property that is not in the right-of-way: (i) Obtain the written approval of the governmental entity that manages or has authority over the public property; and (ii) comply with any conditions imposed regarding such an attachment to or other use of the facility or structure; and

(f) Construct, install, operate, and maintain facilities at the service provider's own expense.

(4) Nothing in this section shall be construed as:

(a) Creating or expanding (i) liabilities of a city or town regarding the construction, installation, maintenance, or removal of facilities; or (ii) duties owed by a city or town to service providers to construct, install, maintain, or remove facilities;

(b) Creating, expanding, or extending any liability of a city or town to any third-party user of facilities or third-party beneficiary; or

(c) Limiting the right of a city or town to require an indemnification agreement as a condition of a service provider's facilities occupying the right-of-way.

(5) Nothing in this section creates, modifies, expands, or diminishes the priority of use of the right-of-way by a service provider, either in relation to other service providers or in relation to other users of the right-of-way for other purposes.

NEW SECTION. Sec. 3. (1) A city or town shall not adopt or enforce regulations or ordinances specifically relating to service providers using the right-of-way that:

(a) Impose requirements that regulate the services or business operations of the service provider, except where specifically authorized in state or federal law;

(b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations; or

(c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where specifically authorized in state or federal law.

(2) Nothing in this section limits the authority of a city or town to regulate the placement of facilities through its local zoning or police power, if the regulations do not:

(a) Prohibit the placement of all wireless or of all wireline facilities within the city or town, or prohibit the placement of all wireless or of all wireline facilities within city or town rights-of-way;

(b) Act as a barrier to entry prohibited by the telecommunications act of 1996, P.L. 104-104 (110 Stat. 56); or

(c) Unreasonably discriminate or have the effect of unreasonably discriminating between similarly situated service providers or facilities.

A city or town that regulates the placement of facilities by use of its police power shall support its decision in writing.

NEW SECTION. Sec. 4. (1) Beginning April 1, 2000, except as provided in subsection (2) of this section, a city or town shall not place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless facility. An existing moratorium that expires after April 1, 2000, shall not be extended in whole or in part.

(2) A city or town may impose a moratorium under the following circumstances:

(a) The city or town's policies or regulations regarding the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless facility, have been invalidated by a court; or

(b) The city or town incorporated after April 1, 2000.

A moratorium imposed under either (a) or (b) of this subsection may neither exceed one hundred eighty days nor be extended. Upon expiration of the moratorium, the city or town is subject to subsection (1) of this section.

(3) Cities, towns, and service providers are encouraged to work together, in consultation with municipalities and counties that have adopted regulations governing personal wireless facilities, to develop policies and other provisions for the siting of such facilities.

NEW SECTION. Sec. 5. (1) Except as otherwise provided in subsection (3) of this section, cities and towns shall adopt procedures for issuing or denying franchises or permits within one hundred twenty days from the date a service provider files a complete application for a franchise or permit to use the right-of-way, except:

(a) Where required by specific procedures to assure coordination of work within the right-of-way that provide reasonable opportunities for scheduling of work, including advance notice of planned work, and that do not impose unreasonable barriers to entry as prohibited by the telecommunications act of 1996, P.L. 104-104 (110 Stat. 56);

(b) With the agreement of the applicant;

(c) Where permits require the approval or cooperation of another unit of government that cannot be obtained within the one hundred twenty-day period;

(d) Where franchises require the approval of the legislative body of the city or town that cannot be obtained within the one hundred twenty-day period;

(e) When the volume of other applications for franchises or permits received prior to the application make compliance within the one hundred twenty-day period impracticable, but the reasonableness of such a determination shall be documented in writing; or

(f) Where the application concerns personal wireless facilities and the city or town has a valid moratorium under section 4 of this act.

(2) For purposes of this section, cities and towns shall adopt by rule or ordinance the specific requirements necessary for an application for a permit to be complete, and shall provide a copy of the requirements to all applicants. Cities and towns also shall develop procedures for expediting consideration of applications for permits for small projects within the right-of-way.

(3) The issuance and renewals of franchises and related permits for cable television service is governed by federal law.

Sec. 6. RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

(1) Except as provided in section 7 of this act, no city or town may impose a franchise fee or any other fee or charge of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or telephone business, as defined in RCW 82.04.065, except that (a) a tax authorized by RCW 35.21.865 may be imposed and (b) a fee may be charged to such businesses that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW.

(2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870 to the extent the fees exceed the costs allowable under subsection (1) of this section.

NEW SECTION. Sec. 7. No city or town shall adopt any ordinance, regulation, or rule that imposes upon a service provider any franchise fee or any other fee or charge, not in effect on the effective date of this section, for the use of the right-of-way, except that:

(1) A city or town may impose a tax allowed by RCW 35.21.865 and 35.21.870;

(2) A city or town may charge a fee that recovers actual administrative expenses incurred by the city or town that are directly related to receiving and approving a permit, license, or franchise, to inspecting plans and construction, or to the preparation of a detailed statement under chapter 43.21C RCW. Nothing in this section prohibits a city or town from recovering the actual costs of maintenance, repair, or restoration of the right-of-way that are reasonably related to the impact of the installation, maintenance, and use of the facility. Under this subsection (2), the legislature intends for a city or town to recover all costs, both short and long term, incurred in allowing a service provider to use the right-of-way, but except as otherwise provided in subsections (1), (3), and (4) of this section, does not intend for a city or town to receive additional compensation for use of the right-of-way;

(3) A city or town may issue franchises and impose franchise requirements and fees for cable television services as allowed by federal law; or

(4) A city or town may enter into leases for use of structures located in the right-of-way by wireless telecommunications service providers that are acceptable to the parties.

NEW SECTION. Sec. 8. A new section is added to chapter 35A.21 RCW to read as follows:

Each code city is subject to the requirements and restrictions regarding facilities and rights-of-way under sections 1 through 5 and 7 of this act and RCW 35.21.860.

NEW SECTION. Sec. 9. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(3) "Right-of-way" means public roads and streets, but does not include:

(a) State highways;

(b) Land dedicated for roads, streets, and highways not opened or improved for motor vehicle use;

(d) Federally granted trust lands or the forest board trust lands;

(e) Lands owned or managed by the state parks and recreation commission; or

(f) Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law that are not open for motor vehicle use.

NEW SECTION. Sec. 10. (1) A county shall not unreasonably deny the use of the right-of-way for installing, maintaining, or removing facilities for telecommunications services or cable television services. The reasons for a denial of the use of the right-of-way shall be stated in writing.

(2) A county shall:

(a) Before issuing a permit, make a finding that approval of the permit is consistent with easement rights, if any, granted for the right-of-way;

(b) Provide as much advance notice as practicable of plans to open the right-of-way so that work within the right-of-way may be scheduled and coordinated. Information regarding existing or planned facilities that is provided by a service provider to a county for the purpose of planning for, scheduling, and coordinating work in the right-of-way is exempt under RCW 42.17.310 from public inspection and copying; and

(c) Ensure that facilities are installed and maintained within the right-of-way in such manner and at such points so as not to inconvenience the public use of the right-of-way.

(3) A service provider shall:

(a) Obtain all permits required by the county for the installation, maintenance, or removal of facilities in the right-of-way;

(b) Ensure that facilities comply with applicable land use and construction codes, regulations, standards, and franchise requirements adopted by a county, subject to verification by the county of such compliance;

(c) Cooperate with the county in ensuring that facilities are installed and maintained within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way;

(f) Construct, install, operate, and maintain facilities at the service provider's own expense.

(4) Nothing in this section shall be construed as:

(a) Creating or expanding (i) liabilities of a county regarding the construction, installation, maintenance, or removal of facilities; or (ii) duties owed by a county to service providers to construct, install, maintain, or remove facilities;

(b) Creating, expanding, or extending any liability of a county to any third-party user of facilities or third-party beneficiary; or

(c) Limiting the right of a county to require an indemnification agreement as a condition of a service provider's facilities occupying the right-of-way.

NEW SECTION. Sec. 11. (1) A county shall not adopt or enforce regulations or ordinances specifically relating to service providers using the right-of-way that:

(a) Impose requirements that regulate the services or business operations of the service provider, except where specifically authorized in state or federal law;

(2) Nothing in this section limits the authority of a county to regulate the placement of facilities through its local zoning or police power, if the regulations do not:

(a) Prohibit the placement of all wireless or of all wireline facilities within the county, or prohibit the placement of all wireless or of all wireline facilities within county rights-of-way;

(b) Act as a barrier to entry prohibited by the telecommunications act of 1996, P.L. 104-104 (110 Stat. 56); or

(c) Unreasonably discriminate or have the effect of unreasonably discriminating between similarly situated service providers or facilities.

A county that regulates the placement of facilities by use of its police power shall support its decision in writing.

NEW SECTION. Sec. 12. (1) Beginning April 1, 2000, except as provided in subsection (2) of this section, a county shall not place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless facility. An existing moratorium that expires after April 1, 2000, shall not be extended in whole or in part.

(2) A county may impose a moratorium under the following circumstances:

(a) The county's policies or regulations regarding the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless facility, have been invalidated by a court; or

(b) The county was created after April 1, 2000.

(3) Counties and service providers are encouraged to work together, in consultation with counties and municipalities that have adopted regulations governing personal wireless facilities, to develop policies and other provisions for the siting of such facilities.

NEW SECTION. Sec. 13. (1) Except as otherwise provided in subsection (3) of this section, counties shall adopt procedures for issuing or denying franchises or permits within one hundred twenty days from the date a service provider files a complete application for a franchise or permit to use the right-of-way, except:

(b) With the agreement of the applicant;

(c) Where permits require the approval or cooperation of another unit of government that cannot be obtained within the one hundred twenty-day period;

(d) Where franchises require the approval of the legislative body of the county that cannot be obtained within the one hundred twenty-day period;

(f) Where the application concerns personal wireless facilities and the county has a valid moratorium under section 12 of this act.

(2) For purposes of this section, counties shall adopt by rule or ordinance the specific requirements necessary for an application for a permit to be complete, and shall provide a copy of the requirements to all applicants. Counties also shall develop procedures for expediting consideration of applications for permits for small projects within the right-of-way.

(3) The issuance and renewals of franchises and related permits for cable television service is governed by federal law.

Sec. 14. RCW 36.55.010 and 1963 c 4 s 36.55.010 are each amended to read as follows:

Subject to the provisions of section 15 of this act, any ((~~board of county commissioners~~)) county legislative authority may grant franchises to persons or private or municipal corporations to use the right of way of county roads in their respective counties for the construction and maintenance of waterworks, gas pipes, telephone, telegraph, and electric light lines, sewers and any other such facilities.

NEW SECTION. Sec. 15. No county shall adopt any ordinance, regulation, or rule that imposes upon a service provider any franchise fee or any other fee or charge, not in effect on the effective date of this section, for the use of the right-of-way, except that:

(1) A county may impose the tax on the privilege of providing telecommunications services;

(2) A county may charge a fee that recovers actual administrative expenses incurred by the county that are directly related to receiving and approving a permit, license, or franchise, to inspecting plans and construction, or to the preparation of a detailed statement under chapter 43.21C RCW. Nothing in this section prohibits a county from recovering the actual costs of maintenance, repair, or restoration of the right-of-way that are reasonably related to the impact of the installation, maintenance, and use of the facility. Under this subsection (2), the legislature intends for a county to recover all costs, both short and long term, incurred in allowing a service provider to use the right-of-way, but except as otherwise provided in subsections (1), (3), and (4) of this section, does not intend for a county to receive additional compensation for use of the right-of-way;

(3) A county may issue franchises and impose franchise requirements and fees for cable television services as allowed by federal law; or

(4) A county may enter into leases for use of structures located in the right-of-way by wireless telecommunications service providers that are acceptable to the parties.

Sec. 16. RCW 42.17.310 and 1998 c 69 s 1 are each amended to read as follows:

(1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 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, 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 and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, 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 18.130.140 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, 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) 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.

(nn) 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.

(oo) 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.

(pp) Designs, drawings, maps, and other information regarding existing or planned facilities that are provided by a service provider to a city, town, code city, or county under sections 2(2) and 10(2) of this act.

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

NEW SECTION. Sec. 17. Sections 1 through 5 and 7 of this act constitute a new chapter in Title 35 RCW.

NEW SECTION. Sec. 18. Sections 9 through 13 and 15 of this act constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 19. (1) Sections 4 and 12 take effect April 1, 2000.

(2) Sections 14 and 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1999, only if a law is enacted before July 1, 1999, granting counties excise taxing authority regarding telecommunications services.

(3) The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.