HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1033

Protecting certain public transportation information

Brief Title                             Hearing Date:  1/20/99

Reps.  Cairnes and Fisher                 Staff:  Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

The open public records law was approved by state voters in 1972 as part of Initiative Measure No. 276.  All public records of state agencies and local governments are open to public inspection and copying, unless a law expressly excludes the public records from public inspection and copying.  This disclosure requirement is liberally construed and any exception is narrowly constructed.

Among other express exclusions, the following public records are exempt from inspection and copying by the public: (1) Personal information in files the disclosure of which would violate the right to privacy; (2) certain financial and commercial information supplied by individuals applying for various programs; (3) residential addresses and residential telephone numbers of public utility customers and (4) names, residential addresses, residential phone numbers and other individually identifiable information for vanpool, carpool, and other ride-share programs.  These express exclusions exist by virtue of state law without the acquiescence of the public entity holding the public records.

SUMMARY:

A new discretionary exclusion is created from the requirement that public records be available for public inspection and copying.

A public agency may choose to not disclose, or allow the copying of, names and other personally identifiable information that it maintains on the following groups of persons who participate in public transit programs:

oCurrent and past participants in, or applicants for, vanpool, carpool, or other ride-sharing programs processed or administered by the public agency, except that the agency may disclose this information to persons who participate in or apply to participate in these programs.

oPersons who acquire and use transit passes and other fare payment media, except that the agency may disclose this information to persons who pay the cost of acquiring these passes or other fare payment media.

oCurrent and past participants in or applicants for paratransit or other transit services provided to persons with disabilities or elderly persons.

oPersons who apply for or participate in other public transit programs administered by the public agency.

This new discretionary exemption does not apply to published statistical information and reports, if the information does not identify or could not be used to identify specific individuals.

This new discretionary exemption does not create a right of privacy and no person has a cause of action on account of the release of this information.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.