SHB 1298 -
By Committee on Governmental Operations
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.34.100 and 2010 c 180 s 2 are each amended to read
(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. Information obtained pursuant to this subsection (3) must be made available for public inspection and copying, except for information obtained pursuant to (k) and (l) of this subsection, subject to the court's discretion. 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) Connection with an organization or association involved in the placement of children including a membership, referrals, contracts, or other financial dealings;
(f) Number of years' experience as a guardian ad litem;
(f))) (g) Number of appointments as a guardian ad litem and the
county or counties of appointment, and number of appointments as a
guardian ad litem or court-appointed special advocate in other states
with the location and duration of the appointments in other states;
(g))) (h) The names of any counties in Washington or other states
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))) (i) Any complaint made to a court or to a guardian ad litem
program or court-appointed special advocate program, or request for
review under subsection (9) of this section, unless proven false;
(j) Founded allegations of abuse or neglect as defined in RCW 26.44.020;
(i))) (k) 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))) (l) 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. 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.
NEW SECTION. Sec. 2 (1)(a) A state officer as defined in RCW
42.52.010 may establish an ethics defense trust fund and name a trustee
if the state officer is subject to a complaint for an ethics violation
filed or issued under this chapter relating to the state officer's
(b) For the purposes of this section and sections 3 through 5 of this act, "official duties" include, but are not limited to, all activities prescribed in the state Constitution and state statutes, legislatively funded or mandated authority and responsibilities, job description, or any tasks related to carrying out the activities of the state officer's position that are intended to protect, promote, educate, or serve the citizens of the state of Washington.
(2)(a) The proceeds of the trust fund may be used to:
(i) Defray legal expenses and pay monetary penalties incurred by the state officer as a result of a complaint filed or issued for an ethics violation under this chapter or an internal legislative investigatory proceeding;
(ii) Defray costs reasonably incurred in administering the trust fund, including but not limited to costs incident to the solicitation of funds; and
(iii) Discharge any tax liabilities incurred as a result of the creation, operation, or administration of the trust fund.
(b) The proceeds of a trust fund may also be used to defray or discharge legal expenses, penalties, costs, or liabilities incurred before the trust fund was established if the legal expenses, penalties, costs, or liabilities are related to the complaint proceedings for which the trust fund was established.
(3) Except as provided in subsection (2) of this section, the state officer may not use proceeds from the trust fund for any personal use.
(4) A state officer may not establish or maintain more than one ethics defense trust fund at any one time.
(5) Chapter 11.98 RCW does not apply to a trust fund established under this chapter.
NEW SECTION. Sec. 3 (1) The trustee of an ethics defense trust
fund is responsible for:
(a) The receipt and deposit of contributions to the trust fund;
(b) The authorization of expenditures and disbursements from the trust fund;
(c) The performance of other tasks incident to the administration of the trust fund.
(2)(a) A trustee of an ethics defense trust fund shall establish a single exclusive account in a depository, as defined in RCW 42.17A.005. The depository must be located in this state and must ordinarily conduct business with the general public in this state.
(b) The trustee shall maintain the account in the name of the trust fund.
(c) All expenditures made by the trustee shall be drawn from the account and:
(i) Issued on a check signed by the trustee; or
(ii) Paid using a debit card or other form of electronic transaction.
(d) A contribution received by a trustee shall be deposited into the account not later than three working days after the date the contribution is received.
(e) This section does not prohibit the transfer of any amount deposited in the account into a certificate of deposit, stock fund, or other investment instrument.
(f) The account may not include any public or private moneys or any moneys of any other person, other than contributions received by the trustee.
(g) A trustee shall retain a copy of each depository account statement from the account described in this section for not less than two years after the date the statement is issued by the depository.
(h) The trustee may not be a member of the family of or an employee of the state officer.
NEW SECTION. Sec. 4 (1) Any person may contribute to an ethics
defense trust fund established in section 2 of this act.
(2) The maximum contribution by any person per year to an ethics defense trust fund shall be the same as the campaign contribution limit per person per election cycle established by the public disclosure commission for candidates for statewide executive office.
(3) The ethics defense trust fund agreement, contributions, expenditures, and other transfers of moneys to or from the trust fund shall be reported to the public disclosure commission once a month, within ten days after the completion of the month, for all transactions occurring in that month. Failure to report as required by this subsection is a violation of chapter 42.17A RCW.
(4) Reports filed with the public disclosure commission under subsection (3) of this section are nonexempt public records subject to disclosure under chapter 42.56 RCW.
NEW SECTION. Sec. 5 (1) An ethics defense trust fund established
under section 2 of this act may be terminated by:
(a) The state officer who established the trust fund; or
(b) Subject to subsection (2) of this section, the terms of the trust agreement.
(2) A trust agreement may provide that an ethics defense trust fund is terminated not later than six months following the completion of the payments authorized under section 2(2) of this act.
(3) Following termination of an ethics defense trust fund, the trustee may not accept contributions to or make expenditures from the trust fund.
(4) Not later than thirty days after an ethics defense trust fund is terminated, the trustee of the trust fund shall return any moneys remaining in the trust fund to contributors to the trust fund on a pro rata basis.
Sec. 6 RCW 42.52.150 and 2011 c 60 s 29 are each amended to read
(1) No state officer or state employee may accept gifts, other than those specified in subsections (2) ((
and)), (5), and (6) of this
section, with an aggregate value in excess of fifty dollars from a
single source in a calendar year or a single gift from multiple sources
with a value in excess of fifty dollars. For purposes of this section,
"single source" means any person, as defined in RCW 42.52.010, whether
acting directly or through any agent or other intermediary, and "single
gift" includes any event, item, or group of items used in conjunction
with each other or any trip including transportation, lodging, and
attendant costs, not excluded from the definition of gift under RCW
42.52.010. The value of gifts given to an officer's or employee's
family member or guest shall be attributed to the official or employee
for the purpose of determining whether the limit has been exceeded,
unless an independent business, family, or social relationship exists
between the donor and the family member or guest.
(2) Except as provided in subsection (4) of this section, the following items are presumed not to influence under RCW 42.52.140, and may be accepted without regard to the limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
(e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
(g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in RCW 43.15.050;
(h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for the purpose of promoting the expansion of tourism as provided for in RCW 43.330.090;
(i) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited on behalf of a national legislative association, 2006 official conference of the national lieutenant governors' association, or host committee for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820 and section 2, chapter 5, Laws of 2006. Anything solicited or accepted may only be received by the national association or host committee and may not be commingled with any funds or accounts that are the property of any person;
(j) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
(k) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
(d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
(g) Those items excluded from the definition of gift in RCW 42.52.010 except:
(i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
(ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17A RCW.
(6) A state officer may accept contributions made to an ethics defense trust fund established under section 2 of this act.
Sec. 7 RCW 42.56.230 and 2013 c 336 s 3 and 2013 c 220 s 1 are
each reenacted and 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)(a) Personal information:
(i) For a child enrolled in licensed child care in any files maintained by the department of early learning; or
(ii) For a child enrolled in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs.
(b) Emergency contact information under this subsection (2) may be provided to appropriate authorities and medical personnel for the purpose of treating the individual during an emergency situation;
(3) 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;
(4) 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;
(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial ((
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;
(6) Personal and financial information related to a small loan or any system of authorizing a small loan in RCW 31.45.093; ((
(7)(a) Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard.
(b) Information provided under RCW 46.20.111 that indicates that an applicant declined to register with the selective service system((
(c))) (8)(a)(i) Any record pertaining to a vehicle license plate,
driver's license, or identicard issued under RCW 46.08.066 that, alone
or in combination with any other records, may reveal the identity of an
individual, or reveal that an individual is or was, performing an
undercover or covert law enforcement, confidential public health work,
public assistance fraud, or child support investigative activity. This
exemption does not prevent the release of the total number of vehicle
license plates, drivers' licenses, or identicards that, under RCW
46.08.066, an agency or department has applied for, been issued,
denied, returned, destroyed, lost, and reported for misuse.
(d))) (ii) Any record pertaining to a vessel registration issued
under RCW 88.02.330 that, alone or in combination with any other
records, may reveal the identity of an individual, or reveal that an
individual is or was, performing an undercover or covert law
enforcement activity. This exemption does not prevent the release of
the total number of vessel registrations that, under RCW 88.02.330, an
agency or department has applied for, been issued, denied, returned,
destroyed, lost, and reported for misuse.
(e))) (b) Upon request by the legislature, the department of
licensing shall provide a report to the legislature containing all of
the information in (( (c) and (d))) (a)(i) and (ii) of this subsection
that is subject to public disclosure.
Sec. 8 RCW 42.56.240 and 2013 c 315 s 2, 2013 c 190 s 7, and 2013
c 183 s 1 are each reenacted and amended to read as follows:
The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:
(1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
(2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
(3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);
(4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies;
(5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information ((
includes, but is not limited to, the child victim's name, address,
location, photograph, and in cases in which the child victim is a
relative or stepchild of the alleged perpetrator, identification of the
relationship between the child and the alleged perpetrator;
(6) Information contained in a local or regionally maintained gang database as well as the statewide gang database referenced in RCW 43.43.762;
(7) Data from the electronic sales tracking system established in RCW 69.43.165;
(8) Information submitted to the statewide unified sex offender notification and registration program under RCW 36.28A.040(6) by a person for the purpose of receiving notification regarding a registered sex offender, including the person's name, residential address, and e-mail address;
(9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs. Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business; ((
(10) The felony firearm offense conviction database of felony firearm offenders established in RCW 43.43.822; ((
(11) The identity of a state employee or officer who has in good faith filed a complaint with an ethics board, as provided in RCW 42.52.410, or who has in good faith reported improper governmental action, as defined in RCW 42.40.020, to the auditor or other public official, as defined in RCW 42.40.020; and
(12) The following security threat group information collected and maintained by the department of corrections pursuant to RCW 72.09.745: (a) Information that could lead to the identification of a person's security threat group status, affiliation, or activities; (b) information that reveals specific security threats associated with the operation and activities of security threat groups; and (c) information that identifies the number of security threat group members, affiliates, or associates.
Sec. 9 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.
Examination reports and)) Proprietary information obtained by
the director and the director's staff (( are)) is 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.
Sec. 10 RCW 40.14.100 and 1971 ex.s. c 102 s 2 are each amended
to read as follows:
As used in RCW 40.14.010 and 40.14.100 through 40.14.180, unless the context requires otherwise, "legislative records" shall be defined as correspondence, amendments, reports, and minutes of meetings made by or submitted to legislative policy, fiscal, or operational committees or subcommittees and transcripts or other records of hearings or supplementary written testimony or data thereof filed with legislative policy, fiscal, or operational committees or subcommittees in connection with the exercise of legislative or investigatory functions, but does not include the records of an official act of the legislature kept by the secretary of state, bills and their copies, published materials, digests, or multi-copied matter which are routinely retained and otherwise available at the state library or in a public repository, or reports or correspondence made or received by or in any way under the personal control of the individual members of the legislature.
Sec. 11 RCW 42.56.330 and 2012 c 68 s 4 are each amended to read
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) 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)). Participants' 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;
(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 or other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose personally identifying 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)). As used in this subsection,
"personally identifying information" includes acquisition or use
information pertaining to a specific, individual transit pass or fare
(a) Information regarding the acquisition or use of transit passes or fare payment media 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.
NEW SECTION. Sec. 12 Sections 2 through 5 of this act are each
added to chapter
SHB 1298 -
By Committee on Governmental Operations
On page 1, line 2 of the title, after "committee;" strike the remainder of the title and insert "amending RCW 13.34.100, 42.52.150, 70.148.060, 40.14.100, and 42.56.330; reenacting and amending RCW 42.56.230 and 42.56.240; and adding new sections to chapter 42.52 RCW."
EFFECT: Requires that the background information record for each
guardian ad litem, except for the FBI criminal background check
information, be made available for public inspection and copying,
subject to the court's discretion. Requires that additional
information be included in the guardian ad litem background information
Permits state officers to create ethics defense trust funds and name trustees if the officer is subject to an Ethics Act complaint. Defines maximum contribution to an ethics defense trust fund as the same as the campaign contribution limit by any person per election cycle. Proceeds of trust funds may be used to defray legal expenses and monetary penalties incurred as a result of a complaint for an Ethics Act violation relating to the officer's official duties, defray reasonable administrative costs, and discharge any tax liabilities from the administration of the fund. Defines ethics defense fund trustee responsibilities. Requires monthly reporting of trust fund contributions, expenditures, and transfers of money to the Public Disclosure Commission, and declares that reports are public records, subject to disclosure. Sets procedures for ethics defense trust fund termination.
Clarifies that records of legislative operational committees are public records open to inspection and copying.