BILL REQ. #:  H-0477.1 

Read first time 02/17/11.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to protecting signatures of citizens from public disclosure by agencies to prevent criminal use of the signatures; amending RCW 42.56.010, 42.56.010, and 42.56.230; creating a new section; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that identity theft is a real and immediate concern to the public. When an individual's identity is stolen, he or she is subjected to undeserved harassment from collection agencies and must defend lawsuits resulting from criminal activity. Identity theft has a traumatic impact on a person's life and financial situation that can have a long-lasting effect.
     The public records act was enacted so that the people could remain informed about government agencies' activities. The act was not envisioned to be a tool so that individuals could obtain private information about other individuals.
     The legislature finds that the public disclosure act is often used by convicted criminals. It is unlawful to aid and abet criminals in committing future crimes. The government, with its divulgence of signatures to any person making a public records request, makes it possible for criminals to access signatures of millions of people in the state of Washington so that they can perpetuate fraud and other crimes without the individual being able to protect that information.
     If members of the public want signatures of a person, they can contact the person directly without using the government as a conduit. Therefore, it is the intent of the legislature to prohibit disclosure of signatures of nonemployees by government entities.

Sec. 2   RCW 42.56.010 and 2007 c 197 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
     (2) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
     (3) "Signature" means the name or mark written by the person or at that person's direction and any associated personal information.
     (4) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

Sec. 3   RCW 42.56.010 and 2010 c 204 s 1005 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
     (2) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.
     (3) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
     (4) "Signature" means the name or mark written by the person or at that person's direction and any associated personal information.
     (5) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

Sec. 4   RCW 42.56.230 and 2010 c 106 s 102 are each amended to read as follows:
     The following personal information is exempt from public inspection and copying under this chapter:
     (1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;
     (2) 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;
     (3) 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: (a) Be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance authorized under RCW 35.102.145; or (b) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer;
     (4) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law;
     (5) Personal and financial information related to a small loan or any system of authorizing a small loan in RCW 31.45.093; ((and))
     (6) Documents and related materials and scanned images of documents and related materials used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard; and
     (7) Signatures of individuals, excluding signatures of agency employees acting in their official capacity.

NEW SECTION.  Sec. 5   Section 2 of this act expires January 1, 2012.

NEW SECTION.  Sec. 6   Section 3 of this act takes effect January 1, 2012.