Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 1833

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Exempting tax information from public inspection and copying.

Sponsors: Representatives Bergquist, Hargrove, Green and Ryu; by request of Department of Licensing.

Brief Summary of Bill

  • Creates exemptions from the Public Records Act for certain taxpayer information related to the motor vehicle fuel tax, special fuel tax, and aviation fuel tax.

Hearing Date: 2/27/13

Staff: David Munnecke (786-7315).

Background:

The Public Records Act (PRA) requires that all state and local government agencies make all public records available for public inspection and copying unless they fall within certain statutory exemptions. The provisions requiring public records disclosure must be interpreted liberally and the exemptions narrowly in order to effectuate a general policy favoring disclosure.

There is an exemption to the PRA for information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information:

The Department of Licensing (DOL) collects a variety of information from fuel distributors, importers, and blenders pursuant to the collection of motor vehicle fuel, special fuel, and aviation fuel taxes.

Summary of Bill:

Tax information, tax returns, supporting schedules, and documents accompanying tax returns and supporting schedules for motor fuel taxes, special fuel taxes, and aviation fuel taxes are confidential and privileged, and may not be disclosed except under the following circumstances:

The DOL may also disclose, within various parameters, certain information to a person under investigation or during any court or administrative proceeding against a person. The disclosure may occur only if the person under investigation is a party to the tax information to be disclosed.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.