BILL REQ. #:  S-0173.1 

Read first time 01/12/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to implementing recommendations of the sunshine committee; amending RCW 13.34.100, 42.56.230, 42.56.330, 48.03.050, and 70.148.060; reenacting and amending RCW 42.56.250; adding a new section to chapter 42.56 RCW; and providing an expiration date.

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

Sec. 1   RCW 13.34.100 and 2010 c 180 s 2 are each amended to read as follows:
     (1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings. The court shall attempt to match a child with special needs with a guardian ad litem who has specific training or education related to the child's individual needs.
     (2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.
     (3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background information record shall include, but is not limited to, the following information:
     (a) Level of formal education;
     (b) General training related to the guardian ad litem's duties;
     (c) Specific training related to issues potentially faced by children in the dependency system;
     (d) Specific training or education related to child disability or developmental issues;
     (e) Number of years' experience as a guardian ad litem;
     (f) Number of appointments as a guardian ad litem and the county or counties of appointment;
     (g) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause;
     (h) Founded allegations of abuse or neglect as defined in RCW 26.44.020;
     (i) The results of an examination of state and national criminal identification data. The examination shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. The background check shall be done through the Washington state patrol criminal identification section and must include a national check from the federal bureau of investigation based on the submission of fingerprints; and
     (j) Criminal history, as defined in RCW 9.94A.030, for the period covering ten years prior to the appointment.
     The background information record shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court and public. If the appointed guardian ad litem is not a member of a guardian ad litem program a suitable person appointed by the court to act as guardian ad litem shall provide the background information record to the court.
     Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a copy of the background information record. ((The portion of the background information record containing the results of the criminal background check and the criminal history shall not be disclosed to the parties or their attorneys.)) The background information record shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
     (4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.
     (5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.
     (6)(a) Pursuant to this subsection, the department or supervising agency and the child's guardian ad litem shall each notify a child of his or her right to request counsel and shall ask the child whether he or she wishes to have counsel. The department or supervising agency and the child's guardian ad litem shall notify the child and make this inquiry immediately after:
     (i) The date of the child's twelfth birthday;
     (ii) Assignment of a case involving a child age twelve or older; or
     (iii) July 1, 2010, for a child who turned twelve years old before July 1, 2010.
     (b) The department or supervising agency and the child's guardian ad litem shall repeat the notification and inquiry at least annually and upon the filing of any motion or petition affecting the child's placement, services, or familial relationships.
     (c) The notification and inquiry is not required if the child has already been appointed counsel.
     (d) The department or supervising agency shall note in the child's individual service and safety plan, and the guardian ad litem shall note in his or her report to the court, that the child was notified of the right to request counsel and indicate the child's position regarding appointment of counsel.
     (e) At the first regularly scheduled hearing after:
     (i) The date of the child's twelfth birthday;
     (ii) The date that a dependency petition is filed pursuant to this chapter on a child age twelve or older; or
     (iii) July 1, 2010, for a child who turned twelve years old before July 1, 2010;
the court shall inquire whether the child has received notice of his or her right to request legal counsel from the department or supervising agency and the child's guardian ad litem. The court shall make an additional inquiry at the first regularly scheduled hearing after the child's fifteenth birthday. No inquiry is necessary if the child has already been appointed counsel.
     (f) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.
     (7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to this section shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.
     (8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends. The program shall attempt to match a child with special needs with a guardian ad litem who has specific training or education related to the child's individual needs. The court shall immediately appoint the person recommended by the program.
     (9) If a party in a case reasonably believes the court-appointed special advocate or volunteer guardian ad litem is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate or volunteer guardian ad litem on the grounds the advocate or volunteer is inappropriate or unqualified.

Sec. 2   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)) information as defined in RCW 9.35.005 including social security 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.

Sec. 3   RCW 42.56.250 and 2010 c 257 s 1 and 2010 c 128 s 9 are each reenacted and amended to read as follows:
     The following employment and licensing information is exempt from public inspection and copying under this chapter:
     (1) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination;
     (2) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant, subject to the following exceptions:
     (a) Applications for the highest management position in a public agency, county, or local government department with confidential reference information removed or redacted is not exempt from inspection and copying; and
     (b) Application materials not exempt from inspection and copying must be available to the public after the finalists are selected, but before the agency, county, or local government makes its decision;
     (3) The residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency that are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240;
     (4) Information that identifies a person who, while an agency employee: (a) 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 (b) requests his or her identity or any identifying information not be disclosed;
     (5) Investigative records compiled by an employing agency conducting an active and ongoing 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;
     (6) Criminal history records checks for board staff finalist candidates conducted pursuant to RCW 43.33A.025;
     (7) Except as provided in RCW 47.64.220, salary and benefit information for maritime employees collected from private employers under RCW 47.64.220(1) and described in RCW 47.64.220(2); and
     (8) Photographs and month and year of birth in the personnel files of employees and workers of criminal justice agencies as defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection, news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030.
     For the purposes of this section, "employment" does not include service on boards or commissions where the individual does not receive pay or benefits, even if that individual may receive minimal reimbursement or stipend for expenses.

Sec. 4   RCW 42.56.330 and 2010 c 128 s 8 are each amended to read as follows:
     The following information relating to public utilities and transportation is exempt from disclosure under this chapter:
     (1) 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;
     (2) 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;
     (3)(a) 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)). Participant's names, general locations, and e-mail addresses 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;
     (b) Participants concerned about personal safety may request that their information not be released to individuals they identify;
     (c) No civil liability may be imposed by any court on any public entity or agency or its officers or employees under this subsection for erroneously releasing a participant's information, except upon proof of willful or wanton misconduct;
     (4) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons;
     (5) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media for the purpose of preventing fraud((, or to the news media when reporting on public transportation or public safety)).
     (a) This information may be disclosed in aggregate form if the data does not contain any personally identifying information.
     (b) Personally identifying information may be released to law enforcement agencies if the request is accompanied by a court order;
     (6) Any information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information is obtained. As used in this subsection, "motor carrier" has the same definition as provided in RCW 81.80.010;
     (7) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and
     (8) The personally identifying information of persons who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.

Sec. 5   RCW 48.03.050 and 1993 c 462 s 46 are each amended to read as follows:
     The commissioner may withhold from public inspection any examination or investigation report for ((so long as he or she deems it advisable)) five days, or for a longer period if the commissioner believes it appropriate. However, if any examination or investigative report is withheld, the commissioner shall provide a time limit on how long the information will be withheld and shall state why continued confidentiality of the information requested is necessary, subject to RCW 48.32.080.

Sec. 6   RCW 70.148.060 and 2005 c 274 s 341 are each amended to read as follows:
     (1) All ((examination and proprietary reports and)) information except for proprietary reports or information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director shall ((not)) be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
     (2) Subsection (1) of this section notwithstanding, the director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the director to:
     (a) The Washington state insurance commissioner;
     (b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
     (c) The attorney general in his or her role as legal advisor to the director.
     (3) Subsection (1) of this section notwithstanding, the director may furnish all or part of the examination or proprietary reports or information obtained by the director to:
     (a) The Washington state insurance commissioner; and
     (b) A person, firm, corporation, association, governmental body, or other entity with whom the director has contracted for services necessary to perform his or her official duties.
     (4) ((Examination reports and)) Proprietary information obtained by the director and the director's staff are not subject to public disclosure under chapter 42.56 RCW.
     (5) A person who violates any provision of this section is guilty of a gross misdemeanor.

NEW SECTION.  Sec. 7   A new section is added to chapter 42.56 RCW to read as follows:
     (1) Records reflecting communications transmitted in confidence between a public official, representative, or employee of a public agency acting in the performance of his or her duties and an attorney serving in the capacity of legal advisor for the purpose of rendering or obtaining legal advice, and records prepared by the attorney or a public official, representative, or employee of a public agency in furtherance of the request for or rendition of legal advice, are exempt from inspection and copying under this chapter pursuant to the attorney-client privilege.
     (2) Records are not exempt from inspection and copying under this section merely because they reflect communications in meetings where legal counsel was present or because a record or copy of a record was provided to legal counsel, if the elements of subsection (1) of this section are not met.
     (3) If an agency elects to produce a record that would otherwise be protected by the attorney-client privilege, any privilege is waived only as to the record produced. The production shall not waive the privilege as to the subject matter addressed in the produced record or as to any other record.
     (4) Nothing in this section changes the applicability of the privilege set forth in RCW 5.60.060(2) to public agencies, nor its scope when claimed by a public agency.

NEW SECTION.  Sec. 8   Section 6 of this act expires June 1, 2013.