WSAB State Legislative Bill/Issue Tracking Report


60th LEGISLATURE, 2nd REGULAR SESSION (2008)
Bill Status:  As of April 1, 2008 -- FINAL

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

ADVERTISING

NEWS GATHERING & REPORTING

TAXES

MISCELLANEOUS


ADVERTISING

HB 1362:  Campaign Finance Reform.  This bill would make a slight change in the sponsor identification requirement for independent expenditure or electioneering advertising in the list of major contributors.  2007 STATUS:  In House State Government & Tribal Affairs Committee.  2008 STATUS:  In House State Government & Tribal Affairs Committee.

HB 1389:  Contractor Advertising.  This bill makes clarifications in the exceptions to the requirement that contractor advertising contain the contractor’s registration number.  The current exemption for broadcast advertising is retained without change, but moved to a different section.  2007 STATUS:  In House Commerce & Labor Committee.  2008 STATUS:  In House Commerce & Labor Committee. 

HB 3336:  Public Financing of Supreme Court Campaigns.  One section of this bill 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 is working to eliminate that provision and direct the order to be issued to the advertiser, not the station.    2008 STATUS:  In House State Government & Tribal Affairs Committee.

SB 6101:  Legal Notice Web Site.  This bill would establish an official state web site for the posting of legal notices.  It does not affect broadcast legal notice advertising.  2007 STATUS:  In Senate Judiciary Committee.  2008 STATUS: In Senate Judiciary Committee.

SSB 6202/SHB 2852:  False & Defamatory Statements About Candidates for Public Office.  This bill attempts 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.  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.    2008 STATUS:  SSB 6202 in Senate Rules Committee.  SHB 2852 in House Rules Committee.

SB 6577:  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.    2008 STATUS:  In Senate Consumer Protection & Housing Committee.

SJM 8019: Prescription Drug Advertising.  This bill asks the federal Food & Drug Administration to adopt rules requiring direct to consumer pharmaceutical advertising to be approved by the Surgeon General.  2007 STATUS:  In Senate Health & Long Term Care Committee.  2008 STATUS:  In Senate Health & Long Term Care Committee.

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NEWS GATHERING & REPORTING

OPEN RECORDS ACCESS

HB 1202/SSB 5547:  Developmental Disabilities Ombudsman DSHS.  These two identical bills would create in the State Department of Social & Health Services an office of ombudsman for persons with developmental disabilities.  Investigate records received by the ombudsman would be exempt from public disclosure.  2007 STATUS:  HB 1202 in House Appropriations Committee.  SB 5547 in Senate Ways & Means Committee.  2008 STATUS: HB 1202 in House Appropriations Committee.  SB 5547in Senate Ways& Means Committee. 

SHB 1421/SB 5409:  Victim Confidentiality Program Personal Information.  These two identical bills would exempt from public inspection and copying the residential address and phone number of a person who is enrolled in the victim confidentiality program administered by the Secretary of State.  2007 STATUS:  HB 1421 passed House; Senate did not consider and returned bill to House Rules Committee at end of session.  SB 5409 in Senate Government Operations & Elections Committee.  2008 STATUS:  HB 1421 passed House; passed Senate; signed by Governor; Chapter 18, Laws of 2008.  SB 5409 in Senate Government Operations & Elections Committee.

HB 1446/SB 5436:  Public Records Litigation Statute of Limitations.  These two identical bills would add “failure to provide a response” in the time required by the public records law as another triggering event that would start the one-year statute of limitations for filing an action based on a denial of a public records request.  2007 STATUS:  HB 1446 passed House; Senate did not consider and returned bill to House Rules Committee at end of session.  SB 5436 in Senate Rules Committee.  2008 STATUS:  HB 1446 in House State Government & Tribal Affairs Committee.  SB 5436 in Senate Rules Committee.

HB 1478:  Pipeline Location Maps/Images.  This bill would exempt from public inspection and copying maps or images of pipelines created or acquired by the State Utilities & Transportation Commission which showed detail greater than a scale of 1:24,000.  2007 STATUS:  In House Rules Committee.  2008 STATUS:  In House Rules Committee.

SHB 1553/SB 5973:  Prescription Database Information.  These bills would exempt from public disclosure information gathered by the State Department of Health in the creation of a prescription drug dispensed electronic database.  2007 STATUS:  SHB 1553 in House Appropriations Committee.  SB 5973 in Senate Ways & Means Committee.  2008 STATUS:  SHB 1553 in House Appropriations Committee.  SB 5973 in Senate Ways & Means Committee.

HB 1742/SSB 5566:  Voter Registration Information.  This bill would exempt from public inspection and copying the birth date on voter registration records.  It would also make the phone number and signature on the ballot return envelope available for public inspection, but not for copying.  2007 STATUS:  HB 1742 in House State Government & Tribal Affairs Committee.  SSB 5566 passed Senate; House did not consider and returned bill to Senate Rules Committee at end of session.  2008 STATUS:  HB 1742 in House State Government & Tribal Affairs Committee.  SSB 5566 in Senate Rules Committee.

HB 1942:  Disclosure of Dates of Birth of Public Employees and Volunteers.  This bill would add the date of birth of a public employee or volunteer to the list of personal information that may be withheld from public inspection and copying of public records.  2007 STATUS:  In House State Government & Tribal Affairs Committee.  2008 STATUS:  In House State Government & Tribal Affairs Committee.

SHB 2348:  Disclosure of Labor Relations Materials.  This bill would exempt from public inspection and copying mediation communications and evidence furnished as showing of interest in support of any labor representation petition in public employee union labor relations.  2007 STATUS:  In House Rules Committee.  2008 STATUS:  In House Rules Committee.

HB 2490:  Personal Information About Commissioned Peace Officers & Their Families.  This bill would exempt from public disclosure any personal information about a commissioned peace officer or the officer’s family that is not necessary for operation of a law enforcement agency, such as residential address and phone number, property tax records, birth dates.    2008 STATUS:  In House State Government & Tribal Affairs Committee.

HB 2725/SB 6250:  Confidentiality of Information Collected for Driver’s Licenses.  This bill would exempt from public disclosure any documents and materials used to prove identity, age, residential address, social security number or other personal information required to apply for a driver’s license.  2008 STATUS:  HB 2725 in House State Government & Tribal Affairs Committee.  SB 6250 in Senate Rules Committee.

HB 2839:  Government Agency Ability to Sue Records Requester.  This bill would eliminate the ability of a government agency, to which a public records request has been made, from bringing a lawsuit against the requester to enjoin the disclosure of a requested record.    2008 STATUS:    In House State Government & Tribal Affairs Committee.

HB 2911:  Collective Bargaining Records.  This bill would require disclosure of records made during government collective bargaining after a written collective bargaining agreement has been reached.    2008 STATUS:    In House State Government & Tribal Affairs Committee.

HB 3219/SB 6294:  Records Request Damages to Incarcerated Requesters.  This bill would eliminate the payment of damages to an incarcerated inmate who is awarded damages because a government agency refused a public records request.    2008 STATUS:  HB 3219 in House State Government & Tribal Affairs Committee.  SB 6294 in Senate Human Services & Corrections Committee.

SB 5120:  Broadband Deployment Survey Information.  This bill would require the State Department of Community, Trade & Economic Development to conduct a survey on the deployment of broadband technology in households in Washington.  It would make confidential the name and identification data of any person participating in the survey.  2007 STATUS:  In Senate Ways & Means Committee.  2008 STATUS:  In Senate Ways & Means Committee.

2SSB 5295:  Department of Corrections Ombudsman.  This bill would create an office of ombudsman in the State Department of Corrections.  Investigative records received by the ombudsman would be exempt from public disclosure.  2007 STATUS:  In Senate Ways & Means Committee.  2008 STATUS: In Senate Ways & Means Committee.

SB 5515:  Real Property Owner’s Personal Information.  This bill would prohibit a county assessor from publicizing any personal information related to a property owner that is not related to the assessment of the property.  The definition of “personal information” is so broad as to include almost anything.  2007 STATUS:  In Senate Government Operations & Elections Committee.  2008 STATUS:  In Senate Government Operations & Elections Committee.

SB 6076:  Disclosure of Law Enforcement Investigative Records.  This bill would exempt from public disclosure specific investigative records of a law enforcement agency pertaining to an incident that has not led to an arrest, conviction or other disposition adverse to the subject if more than one year has passed since the record was created and for which proceedings are no longer actively pending.  2007 STATUS:  In Senate Judiciary Committee.  2008 STATUS:  In Senate Judiciary Committee.

SSB 6457:  Reports of Adverse Health Events by Care Providers.  This bill would require that the notification of an adverse health event (event involving patient care that does or could result in serious injury to the patient) must be made available to the public and specifically makes the notification of an adverse health event subject to public disclosure.  SSB 6475 maintains the public nature of the information.   2008 STATUS:  Passed Senate; passed House; delivered to Governor; Chapter 36, Laws of 2008.

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NEWS GATHERING & REPORTING

OPEN MEETINGS

HB 2042:  Public Access to Public Employee Labor Negotiations.  This bill would require that collective bargaining sessions with public employee organizations are to be conducted as an open public meeting.  2007 STATUS:  In House Commerce & Labor Committee.  2008 STATUS:  In House Commerce & Labor Committee.

HB 2141:  Open Public Meetings:  This bill would clarify that a “meeting” for purposes of the Open Public Meetings Act includes any gathering of a majority of the members of a governing board, either in person, by telephone or electronic means, at which they hear, deliberate or take action on any business of the agency.  2007 STATUS:  In House State Government & Tribal Affairs Committee.  2008 STATUS:  In House State Government & Tribal Affairs Committee.

SHB 2567:  Open Meeting Violation Penalty.  This bill would increase the penalty for violating the Open Meetings Act from $100 to $1,000.  SHB 2567 establishes a range for the penalty of from$250 to $1,000.    2008 STATUS:  In House Rules Committee.

HB 2630:  Definition of “Meeting:” This bill clarifies that a meeting, for purposes of the Open Public Meetings Act, includes any gathering of a majority of the members of a governmental governing body, whether in-person, by telephone or any electronic means, to deliberate or take action; and, that electronic or telephonic meetings are subject to the meeting notice requirements of the Open Public Meetings Act.    2008 STATUS:  In House State Government & Tribal Affairs Committee

HB 3090/SSB 6704:  Notice of Special Meeting.  This bill would permit a governmental governing body to post notice of special meetings on the agency’s web site and posting it in a public area at the agency’s main office.  It also changes the requirement with respect to meeting notices to the media by requiring delivery of a written notice to each radio or television station on record as requesting to be notified.  2008 STATUS:  HB 3090 in House State Government & Tribal Affairs Committee.  SB 6704 in Senate Rules Committee.

HB 3292:  Recording of Executive Sessions.  This bill would require a governing body holding an executive session to make a verbatim audio recording of the complete executive session and retain the recording for two years.  The recording would be used only in an action alleging a violation of the Open Public Meetings act on the basis that the executive session was not proper.    2008 STATUS:  In House Rules Committee.

SB 6705/HB 2721:  Open Meetings Model Rules.  These two identical bills direct the State Attorney General to develop, publish and update an advisory model rule for Open Meetings.  The Attorney General is also directed to publish a pamphlet for the general public explaining the Open Meetings Act in plain language.    2008 STATUS:  SB 6705 in Senate Rules Committee.  HB 2721 in House State Government & Tribal Affairs Committee

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NEWS GATHERING & REPORTING

MISCELLANEOUS

SHB 1307:  Student Media Censorship. This bill would prohibit high schools and institutions of higher learning 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.  Substitute bill adds WSAB amendment the permits schools to control student station content when it would violate an FCC rule.  2007 STATUS:  Hearing held 1/26/06 [WSAB did not testify]; Passed House Judiciary Committee with WSAB amendment concerning student broadcast stations and FCC rule violations; passed House; Senate did not consider and returned bill to House Rules Committee at end of session.  2008 STATUS:  In House Judiciary Committee.

SB 6449:  Student Media Censorship. This bill is identical to SHB 1307 from 2007 (see above).  It contains the broadcast media exemption that WSAB had amended into SHB 1307.  2008 STATUS:  In Senate Judiciary Committee.

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TAXES

HB 1380/SB 5574:  Printing Business B & O Tax.  This bill would revise the B & O Tax provisions relating to printing businesses.  It also amends the section of the law that includes the provisions relating to broadcasters’ B & O Tax, but does not change them.  2007 STATUS:  HB 1380 in House Finance Committee.  SB 5574 in Senate Ways & Means Committee.  2008 STATUS:  HB 1380 in House Finance Committee.  SB 5574 in Senate Ways & Means Committee.

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MISCELLANEOUS

SHB 1987:  Metal Theft Injury Liability Immunity:  This bill would shield a landowner from liability for unintentional injuries to any person when the injury is caused by the theft of metals, including copper.  2007 STATUS:  Passed House; Senate did not consider and returned bill to House Rules Committee at end of session.  2008 STATUS:  In House Rules Committee.

HB 1537/SSB 5929:  AMBER Alert Hoax Reports-Class C Felony.  These two identical bills would increase the penalty for knowingly making a false report to a public official to a Class C felony when the report is of an abducted child that could trigger an AMBER Alert.  2007 STATUS:  HB 1537 passed House; passed Senate Judiciary Committee; Senate did not consider and returned bill to House Rules Committee at end of session.  2008 STATUS:  HB 1537 in House Rules Committee.  SSB 5929 in Senate Rules Committee.

SHB 2774:  AMBER Alert Hoax Reports-Class C Felony:  This bill is identical to the HB 1537 and SB 5929 introduced in 2007 (see above).  2008 STATUS:  Passed House; passed Senate; signed by Governor; Chapter 91, Laws of 2008.

SHB 1675:  Multi-Lingual Public Notices.  This bill would require government agencies that are required to issue public notices or inform the public about imminent dangers to public health or safety, to issue those public notices in a language other than English if more than 5% of the population of the area to which the notice is directed speaks a different language.  2007 STATUS:  Passed House; Senate did not consider and returned bill to House Rules Committee at end of session.  2008 STATUS: Passed House; in Senate Rules Committee.

HB 1983/SB 6003:  Competitive Video Services.  This bill would create a state-issued authorization for cable and video services to deploy their systems throughout the state.  2007 STATUS:  HB 1983 in House Technology, Energy & Telecommunications Committee.  SB 6003 in Senate Water, Energy & Telecommunications Committee.  2008 STATUS:  HB 1983 in House Technology, Energy & Telecommunications Committee.  SB 6003 in Senate Water, Energy & Telecommunications Committee.

ESHB 2225:  Statewide Enhanced 911 Emergency Radio Network. This bill would establish a work 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.  ESHB 2225 maintains WSAB’s positions in the work group.  2007 STATUS:  passed House; Senate did not consider and returned bill to House Rules Committee at end of session.  2008 STATUS: In House RulesCommittee.

SHB 2337:  Television Reception Districts.  This bill would permit television reception improvement districts to retransmit emergency radio communications.  2007 STATUS: in House Technology, Energy & Telecommunications Committee.  2008 STATUS:  In House Rules Committee.

HB 2534:  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 has proposed an amendment to the bill to ensure that both steady burning red and flashing red tower lights and white strobe markers are exempt.    2008 STATUS:  In House Ecology & Parks Committee.

SHB 2727:  Rights of Deceased Personalities.  This bill would clarify that the right to the use of a person’s name, voice, likeness, photograph, etc. extend past the person’s death and may be transferred or licensed.  The law that this bill amends contains a section exempting news coverage, public affairs reporting, sports and other similar uses of a person’s name.  That portion of the law is not changed by HB 2727.    2008 STATUS:  Passed House; passed Senate; signed by Governor; Chapter 62, Laws of 2008.

SHB 2904:  Use of Publicly Funded TV Station by Incumbent City or County Council Candidates.  This bill would prohibit any incumbent city or county council person or commissioner or city or county executive from appearing on a publicly funded television station, except at a meeting of the city or county council or commission or acting in an official capacity at an open public meeting.  SHB 2904 would apply to local government cable access channels, not broadcast stations and would require those organizations to develop policies to avoid preferential treatment for incumbent city or county elected officials.  2008 STATUS:  In House Rules Committee.

HJM 4028:  Media Ownership Act.  This Joint Memorial would condemn the FCC’s action relaxing the newspaper/broadcast cross-ownership act and request Congress to pass the Media Ownership Act of 2007 which would invalidate the FCC’s action.  A Joint Memorial does not have the force of law and is only a “sense of the Legislature” type of resolution.  WSAB testified against HJM 4028 during a hearing in the House Technology, Energy & Communications Committee.  2008 STATUS:  In House Rules Committee.

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