WSAB State Legislative Bill/Issue Tracking Report


61st Legislature - 1st Extraordinary Session of the 2nd Regular Session (2010)
Bill Status as of April 16, 2010


WSAB has represented Washington’s radio and television stations in the State Legislature since 1935. Each year, WSAB protects and promotes the interests of broadcasters on a variety of bills and issues.

Symbol Key:
HB/SB: 
Original (House/Senate) Bill
SHB/SSB: 
Substitute (House/Senate) Bill - Amendments were added by the committee and compiled into a Substitute Bill.
EHB/ESB: 
Engrossed (House/Senate) Bill - Amendments were added during consideration of the bill by the full House or Senate and consolidated before final passage into a new bill.

Cut-Off Dates:  The Legislature establishes "cut-off" dates to gauge the performance of bills.  A bill must meet a particular progress benchmark by each cut-off or it may no longer be considered and is deemed "dead" for the session.  Bills necessary to implement the budget are exempt from "cut-off" deadlines..

Lime green highlight on a black bill number indicates that the bill is still alive and has progressed beyond the cut-off benchmarks by the most recent cut-off date.

Black highlight on a white bill number indicates that the bill has not progressed beyond the cut-off benchmarks by the most recent cut-off date and is dead for the session.

Orange highlight on a black bill number indicates that the bill has passed both the House and Senate and is awaiting action by the Governor.

Blue highlight on a white bill number indicates that the bill has passed both the House and Senate and has been signed into law by the Governor

ADVERTISING

NEWS GATHERING & REPORTING

TAXES

MISCELLANEOUS


ADVERTISING

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ADVERTISING BILLS INTRODUCED IN 2010

SHB 2399:  Advertising by Waste Collection Businesses.  This bill would regulate solid waste haulers and among other provisions would prohibit advertising by such businesses unless the business has a solid waste collection certificate.  2010 STATUS: Passed House; passed Senate; signed by the Governor; Chapter 24, Laws of 2010.

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ADVERTISING BILLS INTRODUCED & NOT PASSED IN 2009

SHB 1029/SB 5029:  Campaign Funding/Disclosure Revision.  This bill would reorganize and make clarifying changes the law governing campaign funding and disclosure.  It makes two grammatical changes in the areas effecting broadcasters, but no substantive changes.  2009 STATUS:  SHB 1029 in House Rules Committee; SHB 5029 in Senate Rules Committee.  2010 STATUS: SHB 1029 returned to House State Government & Tribal Affairs Committee.  2SSB 5029 unchanged.

SHB 1738/SSB 5912:  Public Funding of Supreme Court Campaigns.  One section of these two identical bills would permit a court to issue an order to a radio or television stations ordering the station to stop broadcasting advertising by a candidate for the Supreme Court who had violated the reporting requirements contained in the bill.  WSAB proposed amendment to eliminate that provision and direct the order to be issued to the advertiser, not the station.  Both Substitute Bills remove all references to civil legal actions against broadcasters.  2009 STATUS:  HB 1738 in House State Government & Tribal Affairs Committee; hearing held 3/5/09 – WSAB testified against broadcast provision and put into the record an amendment removing broadcasters.  SB 5912 in Senate Government Operations & Elections Committee.  2010 STATUS:  SHB 1738 passed House State Government & Tribal Affairs Committee; referred to House Ways & Means Committee.  SSB 5912 returned to Senate Rules Committee at the end of the 2010 Regular Session.

HB 1787:  Political Advertising Sponsor Identification.  This bill is intended to reveal the true sponsor of political advertising by requiring the name of an organization that controls one or more political committees to be named as the sponsor of the advertising.  It would address a situation where multiple political committees formed and each one funds the next so that they are stair-stepped, with the intent of hiding the contributors to the committee.  2009 STATUS:  In House State Government & Tribal Affairs Committee.  2010 STATUS:  Unchanged.

SHB 2016:  Campaign Disclosure/Advertising.  This bill changes the sponsor identification requirements for advertising by political committees by adding “drill down” requirement for naming the “Top Five Contributors.”  If one or more of the “Top Five Contributors” is also subject to disclosure of its “Top Five Contributors” then those Top Five Contributors must also be included.  The bill also provides for a third level disclosure when a second level “Top Five Contributors” is also subject to the Top Five disclosure requirement.  2009 STATUS:  In House Rules Committee.  2010 STATUS:  Passed House; passed Senate; signed by the Governor; Chapter 204, Laws of 2010.

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ADVERTISING BILLS PASSED IN 2009

SSB 5195:  Life Settlements Model Act.  This is an omnibus bill that would regulate the business of purchasing life insurance or other expected financial settlement proceeds at less than the expected or face value, sometimes known as “viatical” settlements.  It contains a provision regulating the advertising of such transactions that prohibit false and misleading advertising and prohibits the use of terms such as “free” or “no cost” in advertising the purchase of such proceeds.  2009 STATUS:  Passed Senate; passed House; signed by Governor; Chapter 104, Laws of 2009.

SHB 1286/SB 5211:  False Statements in Political Advertising.  The bills attempt to overturn a Washington Supreme Court decision that held unconstitutional a portion of the political advertising law dealing with making false and misleading statements in a campaign.  The bill adds the requirement that the false statement also be defamatory in order to be actionable. SHB 1286 includes provisions relating to statements in the voters pamphlet.  Broadcasters are immune to liability for defamatory statements made by a candidate in a candidate sponsored spot in which the candidate appears, but not for “electioneering communications” sponsored by a person or group not the candidate.    2009 STATUS:  SHB 1286 passed House; passed Senate; signed by Governor; Chapter 222, Laws of 2009.  SB 5211 passed Senate; referred to House State Government & Tribal Affairs Committee; no action; returned to Senate Rules Committee at end of session.

SB 5284:  Truth in Music Advertising.  This bill would regulate advertising by or about a performing musical group that uses the name of a former recording group, but that does not contain all of the original members of the recording group.  The bill does not make broadcasters liable for any violation nor require broadcasters to investigate the authenticity of the group or advertisement.   2009 STATUS:  Passed Senate; passed House; signed by Governor; Chapter 109, Laws of 2009.

HB 1536/SB 5450:  Household Mover Advertising.  These two identical bills would exempt radio and TV advertising by moving companies from the requirement that such advertising contain the mover’s UTC permit number, physical address and telephone number, so long as the mover has provided its UTC permit number, physical address and telephone number to the station and they are included in writing in the advertising contract.  2009 STATUS:  HB 1536 passed House; passed Senate; signed by Governor; Chapter 94, Laws of 2009.  SB 5450 in Senate Transportation Committee.

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NEWS GATHERING & REPORTING

OPEN RECORDS ACCESS

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OPEN RECORDS BILLS INTRODUCED IN 2010

SB 6222:  Exempting Certain Non-Conviction Data from Public Disclosure.  This bill would exempt non-conviction data, e.g. arrest, incident reports, etc., from public disclosure.  2010 STATUS:  In Senate Government Operations & Elections Committee. 

SB 6529:  Increasing Access to Public Records.  This bill would require public agencies to make public records available via computer located at the agency; would require the agency must inform the requester of the opportunity to have the Attorney General review a denial of a request; and, removes the court’s discretion in awarding penalties.  2010 STATUS:  In Senate Government Operations & Elections Committee.

HB 2418/ESB 6754:  Signatures on Petitions:  These two identical bills would make the names and addresses of persons who signed an initiative or referendum petition public once the verification and canvas of the signatures is complete.  2010 STATUS:  HB 2418 in House State Government & Tribal Affairs Committee.  SB 6754 passed Senate; returned to Senate Rules Committee at the end of the 2010 Regular Session.

HB 2612:  Exempting Petition Signatures from Disclosure.  This bill would exempt the names of persons who have signed referenda and initiative petitions from public disclosure.  2010 STATUS:  In House State Government & Tribal Affairs Committee.

SHB 2447:  Exempting Public Disclosure of Public Employee Photographs.  This bill would add photographs to the list of personal information of employees or volunteers of a public agency that is exempt from public disclosure.  2010 STATUS:  Passed House State Government & Tribal Affairs Committee; referred to House Ways & Means Committee.

SHB 2582/SSB 6367:  Making Public Records Available via the Internet. These two identical bills would add the ability of a government agency to comply with the Open Records Act by providing responding to a public records request by providing an Internet address where the responsive records can be found.  2010 STATUS:  SHB 2582 passed House State Government & Tribal Affairs Committee; in House Rules Committee.  SSB 6367 passed Senate; passed House; signed by the Governor; Chapter 69, Laws of 2010.

SHB 2583/SB 6368:  Public Records Request Conference.  These two identical bills would require, prior to the filing of any court action alleging a violation of the Open Records Act, which the requester and the agency first hold a conference in person or by telephone to try to settle the dispute.  2010 STATUS:  HB 2583 passed House State Government & Tribal Affairs Committee; passed House General Government Appropriations Committee; in House Rules Committee.  SB 6368 in Senate Government Operations & Elections Committee.

HB 2610/SSB 6428:  Personal Information of Person Filing Complaint With an Agency.  HB 2610 would exempt from public disclosure personal information that could be used to identify a person filing a complaint with an agency, if the person requests the agency to keep his or her identity confidential.  SSB 6428 substitute changed language and now only defines the term “investigative agency” for purposes of anonymity of complainant.  2010 STATUS:  HB 2610 in House State Government & Tribal Affairs Committee.  SSB 6428 passed Senate Government Operations & Elections Committee; in Senate Rules Committee.

HB 2736/SB 6383:  Creating the Office of Open Records.  These two identical bills would create an independent state government agency to provide impartial administrative reviews of appeals by persons or agencies involved in open records disputes.  It would not eliminate the ability of a requester to take the agency to court.  2010 STATUS:  HB 2736 in House State Government & Tribal Affairs Committee.  SB 6383 in Senate Government Operations & Elections Committee.

HB 2896:  Law Enforcement Burglar Alarm Program Information.  This bill would exempt from public disclosure and copying any information collected by law enforcement agencies in their burglar alarm programs.  2010 STATUS:  In House State Government & Tribal Affairs Committee.

HB 2910/SSB 6408:  Remedies for Public Records Violations.  These two identical bills changes the requirement of awarding costs and attorneys fees to the prevailing party in an open records dispute from “shall” to “may” and also authorizes the court to fine the offending agency, but requires that the fine be deposited in an account for the benefit of the preservation of public records, not awarded to the prevailing party.  2010 STATUS:  In House State Government & Tribal Affairs Committee.  SSB 6408 returned to Senate Rules Committee at the end of the 2010 Regular Session.

_________________________________________________________________________________ OPEN RECORDS BILLS INTRODUCED & NOT PASSED IN 2009

HB 1017/SB 5339:  Public Records Board.  These two identical bills would create a committee to study the feasibility of creating a board with responsibility to adjudicate complaints of violations of the Open Public Records Act and Open Public Meetings Act.  2009 STATUS:  HB 1017 in House State Government & Tribal Affairs Committee.  SB 5339 in Senate Government Operations & Elections Committee.  2010 STATUS:  HB 1017 unchanged.  SB 5339 unchanged.

HB 1105:  Disclosure of Records of Controversy to Which an Agency is a Party.  This bill would add two requirements for a government agency to withhold disclosure of records of a controversy to which it is party.  The bill requires the controversy to “ongoing” and the exemption does not apply to any records created prior to the filing of litigation or notice of legal claim against the agency.  2009 STATUS:  In House State Government & Tribal Affairs Committee.  2010 STATUS:  Unchanged.

HB 1106:  Enjoining Public Record Disclosure.  This bill eliminates the agency holding a public record from being able to bring a motion to enjoin the disclosure of a public record.  2009 STATUS:  In House State Government & Tribal Affairs Committee.  2010 STATUS:  Unchanged.

HB 1107:  Local Government Self-Insurance Programs Public Records Disclosure.  This bill would prohibit local government self-insurance programs from defining the terms under which it may comply with the Open Public Records Act.  2009 STATUS:  In House Financial Institutions & Insurance Committee.  2010 STATUS:  Unchanged.

SB 5119:  Public Records Exemptions Accountability Committee.  This bill would abolish the Public Records Exemptions Accountability Committee.  2009 STATUS:  In Senate Government Operations & Elections Committee.  2010 STATUS:  Unchanged.

HB 1317:  Disclosure of Records Containing Information Used to Locate or Identify Employees of Criminal Justice Agencies.  This bill would exempt from public inspection and copying any photographs, day and month of birth, residential addresses, personal telephone numbers and other personally identifying information that could be used to locate employees of criminal justice agencies.  2009 STATUS:  In House State Government & Tribal Affairs Committee.  2010 STATUS:  Passed House; passed Senate; signed by the Governor; Chapter 257, Laws of 2010.

SB 5249:  Requiring Bills Paid Before Disclosure Requests Response Necessary.  This bill would permit a government agency to deny a public records request if the requesting party has an outstanding balance of unpaid charges for a previous records request(s).  2009 STATUS:  In Senate Government Operations & Elections Committee.  2010 STATUS:  Unchanged.

HB 1471:  Collective Bargaining Records Exemption.  This bill would clarify that records created by a public agency during collective bargaining are not exempt from public disclosure after the agency and the union agree to a contract.  2009 STATUS:  In House State Government & Tribal Affairs Committee.  2010 STATUS:  Unchanged.

2SHB 2115:  Allowing Jail Booking Photographs to be Open to the Public.  This bill would add booking photos and images to the list of information about each person confined to jail that is available to the public.  2009 STATUS:  In House Public Safety & Emergency Preparedness Committee.  2010 STATUS:  Passed House Public Safety & Emergency Preparedness Committee; in House Rules Committee.

SB 5293:  Review by Judge of Denials of Public Records Requests.  This bill would permit a person who has been denied a public records disclosure request to seek a review in Superior Court and have the judge review the withheld documents in chambers.  2009 STATUS:  In Senate Government Operations & Elections Committee. 2010 STATUS:  Unchanged.

SB 5294:  Recommendations of Public Records Exemptions Accountability Committee.  This bill would implement recommendations of the Public Records Exemptions Accountability Committee, including making available for public disclosure applications for the highest management position in a public agency, county or local government, and finalists for such a position after the finalists are selected but before the agency makes its selection; limits the scope of an exemption to public disclosure for records of participants in vanpool, carpool or ride-sharing programs; and, clarifies the attorney-client privilege exemption for records of government agencies that have been reviewed or presented in the presence of the agency’s attorney, but do not confer attorney-client privilege.  2009 STATUS:  In Senate Government Operations & Elections Committee.  2010 STATUS:  Unchanged.

SSB 5295:  Recommendations of the Public Records Exemptions Accountability Committee.  This bill would implement recommendations of the Public Records Exemptions Accountability Committee, including making lists of candidates for Workforce Training, Conservation Board and the Recreation & Conservation Board public; makes not subject to disclosure salary and benefit information on maritime employees that is collected by private employers; exempts personally identifying information of transit pass users, documents received pursuant to a wellness program, and health care information collected as part of a child mortality review.  2010 STATUS:  Passed Senate; passed House; signed by the Governor; Chapter 128, Laws of 2010.

SB 5885:  Tax Exemption Disclosure.  This bill would repeal the exemption from public disclosure of tax exemptions.  2009 STATUS:  In Senate Ways & Means Committee.  2010 STATUS:  Unchanged.

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NEWS GATHERING & REPORTING

OPEN MEETINGS

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NEWSGATHERING & REPORTING:  OPEN MEETINGS ACCESS BILLS INTRODUCED IN 2010

SSB 6685:  Government Agency Meeting Info Posted on Web Site.  This bill would require government agencies to post agendas, meeting information and meeting notices on the agency’s web site in advance of the meeting.  2010 STATUS:  Returned to Senate Rules Committee at the end of the 2010 Regular Session.

SB 6741:  Notice of Special Meetings.  This bill would require government agencies subject to the Open Public Meetings Act to post notice of special meetings on the agency’s web site.  2010 STATUS:  In Senate Government Operations & Elections Committee.

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NEWSGATHERING & REPORTING:  OPEN MEETINGS ACCESS BILLS INTRODUCED & NOT PASSED IN 2009

HB 1676:  Recording of Executive Sessions of Agency Governing Body Meetings.  This bill would permit governing bodies of government agencies to record its closed executive sessions, which would be exempt from public disclosure, unless the agency elects to disclose the recording, in which case any exemption from disclosure would cease to exist.  2009 STATUS:  In House State Government & Tribal Affairs Committee.  2010 STATUS:  Unchanged.

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NEWS GATHERING & REPORTING

MISCELLANEOUS

NO MISCELLANEOUS NEWSGATHERING & REPORTING BILLS HAVE BEEN INTRODUCED IN 2009 OR 2010

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TAXES

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TAX BILLS INTRODUCED IN 2010

SHB 2620/SB 6552:  Delivery of Digital Goods.  These two identical bills attempt to better define the taxation for sales tax and B & O tax purposes the sale of the digital equivalent of tangible personal property.  The bill includes a detailed definition of an exemption for advertising and advertising services, clarifying that advertising, simply because it is delivered digitally, is not subject to sales tax.  2010 STATUS:  SHB 2620 passed House; passed Senate; signed by the Governor; Chapter 111, Laws of 2010.  SB 6552 returned to Senate Rules Committee at the end of the 2010 Regular Session.

SB 6841:  Eliminating Tax Preferences.  Among other things, this bill would eliminate the B & O Tax deductions that broadcasters take for national, regional and network advertising revenue and the out-of-state audience deduction.  It would also raise broadcasters’ B & O Tax rate from .484% to 1.5%  2010 STATUS:  In Senate Ways & Means Committee.

SB 6853:  Legislative Review of Tax Preferences.  This bill was introduced without substantive provisions.  When they have been added as a substitute bill, they will be summarized here.  2010 STATUS:  Passed Senate Ways & Means Committee; in Senate Rules Committee.

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TAX BILLS INTRODUCED & NOT PASSED IN 2009

SSB 5557:  Broadcaster B & O Tax Deductions (Recommendations of the Citizen Commission for Performance Measurement of Tax Preferences.  This bill would, among other things, mandate that the Department of Revenue publish every five years the percentage of gross advertising revenue that may be taken as a standard deduction by broadcasters for determining taxable revenue for B & O Tax purposes.  2009 STATUS:  Hearing held 2/4/09; substitute bill passed Senate Ways & Means Committee 3/2/09 including WSAB amendment that revised bill language relating to broadcasters’ B & O Tax standard deduction; passed Senate; referred to House Finance Committee; no action; returned to Senate Rules Committee at end of session.  2010 STATUS:  In Senate Rules Committee.

HB 2123/SB 5962:  Printing & Publishing B & O Tax Rate.  These two identical bills would reduce the B & O Tax rate for businesses engaged in the business of printing and businesses engaged in the business of publishing newspapers, periodicals and magazines to .2904%.  2009 STATUS:  HB 2123 in House Finance Committee.  SB 5962 in Senate Ways & Means Committee.  2010 STATUS:  HB 2123 unchanged.  SB 5962 unchanged.

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TAX BILLS PASSED IN 2009

EHB 2122/SB 5961:  Newspaper B & O Tax Rate.  These two identical bills would reduce the B & O Tax rate for newspapers, periodicals or magazines to .2904%.  2009 STATUS:  HB 2122 passed House; passed Senate; signed by Governor; Chapter 461, Laws of 2009.  SB 5961 in Senate Ways & Means Committee.

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MISCELLANEOUS

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MISCELLANEOUS BILLS INTRODUCED IN 2010

SSB 6395:  Lawsuits Aimed at Chilling the Valid Exercise of Free Speech.  This bill would update Washington’s “SLAPP” statute which places restrictions on lawsuits that are intended solely to chill the exercise of free speech by people speaking out on public policy issues.  2010 STATUS:  Passed Senate; passed House; signed by the Governor; Chapterm 118, Laws of 2010.

ESHB 2464/SB 6231:  Penalties for Drivers Approaching or In Emergency Zones.  These two identical bills would establish an “emergency zone” around accident or disabled vehicle incidents.  Drivers who speed through the zone or drive recklessly and endanger emergency workers, including radio station roadside assistance van personnel, receive an enhanced penalty, similar to the “traffic fines double in work zones” law.  2010 STATUS:  ESHB 2464 passed House; hearing held 1/11/10 – WSAB testified in favor; passed Senate Transportation Committee; hearing held 2/18/10 – WSAB testified in favor; passed Senate Rules Committee; signed by the Governor; Chapter 252, Laws of 2010.  SB 6231 passed Senate; hearing held 1/13/10 – WSAB testified in favor; hearing held 2/17/10 in House Transportation Committee – WSAB testified in favor; returned to Senate Rules Committee at the end of the 2010 Regular Session.

HB 2994:  Public Service Announcements by Elected Officials.  This bill would prohibit elected officials from appearing in Public Service Announcements from January 1st through election day in a year in which they are running for re-election.  2010 STATUS:  Returned from schedule for consideration by full House to House Rules Committee.

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MISCELLANEOUS BILLS INTRODUCED & NOT PASSED IN 2009

SHB 1069:  Light Pollution.  This bill would regulate light pollution.  It contains a section exempting broadcast tower lights (“Hazard warning luminaires required by federal law and federal regulatory agencies”).  However, the exemption applies only to “red” lights.  WSAB testified with concerns over the limitation of the exemption to only red lights and placed a proposed amendment into record to ensure that both steady burning red and flashing red tower lights and white strobe markers are exempt.    2009 STATUS:  Passed House Local Government & Housing Committee; referred to House General Government Appropriations Committee.  2010 STATUS:  Unchanged.

HB 1157:  Statewide Enhanced 911 Emergency Radio Network. This bill would establish a working group to study how to enhance the delivery of emergency information to the public in the event of an on-going emergency.  WSAB is named as one of the members of the work group.  The bill provides for two representatives from WSAB, one from radio and one from TV.  2009 STATUS:  In House Public Safety & Emergency Preparedness Committee.  2010 STATUS:  Unchanged.

SB 5946: Student Press Freedom.  This bill would prohibit high schools and institutions of higher education from censoring the content of student media and provides that such media is not subject to prior review by school administrators.  It also provides that any expression by students in school sponsored media is not the expression of school policy.  School media includes student run broadcast stations.  The bill permits schools to control student station content when it would violate an FCC rule.  2009 STATUS:  In Senate Judiciary Committee; hearing held 2/18/09.  2010 STATUS:  Unchanged.

SB 6123/HB 2311:  Legal Notice Advertising of State Measures.  These two identical bills would eliminate the legal notice advertising of state measures entirely, but it contingent on the passage of a state constitutional amendment eliminating the obligation of the Secretary of State to publish notice of state constitutional amendment prior to the general election.  2009 STATUS:  SB 6123 in Senate Ways & Means Committee; hearing held 3/17/09; WSAB testified against.  HB 2311 in House State Government & Tribal Affairs Committee; hearing held 3/20/09; WSAB testified against.  2010 STATUS:  SB 6123 unchanged.  HB 2311 Unchanged.

SJR 8217/HJR 4212:  Legal Notice Advertising of State Measures.  These two identical proposed amendments to the state constitution would eliminate the obligation of the Secretary of State to publish notice of state constitutional amendment prior to the general election.  2009 STATUS:  SJR 8217 in Senate Ways & Means Committee; hearing held 3/17/09; WSAB testified against.  HJR 4212 in House State Government & Tribal Affairs Committee; hearing held 3/20/09; WSAB testified against.  2010 STATUS:  SJR 8217 unchanged. HJR 4212 unchanged.

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MISCELLANEOUS BILLS PASSED IN 2009

SSB 5012:  AMBER Alert/Endangered Missing Persons Advisory Plan Authority. This bill, written by WSAB, would give the Washington State Patrol the statutory authority to adopt the Statewide AMBER Alert Plan and an Endangered Missing Persons Advisory Plan as a part of its administrative code, giving the plans a basis in state law that they do not now have.  SSB 5012 requires the State Patrol to develop these plans within existing resources.  2009 STATUS:  Passed Senate; passed House Public Safety & Emergency Preparedness Committee; passed House; signed by Governor; Chapter 20, Laws of 2009.

SB 6122/HB 2310:  Legal Notice Advertising of State Measures.  These two identical bills would remove the obligation of the Secretary of State to supplement the newspaper advertising of state ballot measures with an equivalent amount of broadcast advertising.  It would also limit the advertising to public notice of state constitutional amendment, removing such notice for other state ballot measures, such as initiatives and referenda.  2009 STATUS:  SB 6122 hearing held 3/17/09; WSAB testified against; passed Senate; referred to House Ways & Means Committee; House amended bill to preserve broadcast Legal Notice Advertising of State Measures program and appropriate $80,000 for 2009 and 2010; Senate agreed to House amendments and re-passed bill as amended by House; delivered to Governor.  HB 2310 in House State Government & Tribal Affairs Committee; hearing held 3/26/09; WSAB testified against.

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