H-2057

AN ACT Relating to the disclosure of information from public records by state and local agencies; amending RCW 42.17.310 and 42.17.311; adding a new section to chapter 29.36 RCW; adding a new section to chapter 42.17 RCW; adding a new chapter to Title 40 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. INTENT. The legislature finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to aid such persons by enabling them to participate in a state program under which they may use the office of the secretary of state as their address.

NEW SECTION. Sec. 2. DEFINITIONS. "Domestic violence" has the definition provided under RCW 10.99.020, except that for purposes of this chapter, a minor shall also be considered as a family or household member. "Protected address" includes the residential, work, or school addresses that are included in an approved application under this chapter and for which the applicant requests confidentiality.

NEW SECTION. Sec. 3. APPLICATION. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, as defined in RCW 11.88.010, may apply to the secretary of state to have the office of the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:

(1) A sworn statement by the applicant that the applicant has good reason to believe (a) that the applicant, or the minor or incapacitated person on whose behalf the application is made, is under serious threat of becoming a victim of domestic violence; (b) that the use of the secretary of state's office as an address and the restrictions on disclosure provided under this chapter would reduce the risk of such victimization; and (c) that the address or addresses designated in subsection (4) of this section have been established, or will be established, at least in part to avoid detection and victimization;

(2) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of all mail, notices, and other written communications;

(3) The mailing address where the applicant can be contacted by the secretary of state, and the phone number or numbers where the applicant can be called by the secretary of state;

(4) The residential, work, or school address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence;

(5) The signature of the applicant and of any individual or representative of any office designated in writing under section 7 of this act who assisted in the preparation of the application.

NEW SECTION. Sec. 4. APPROVAL OF APPLICATION BY SECRETARY OF STATE--ISSUANCE OF CERTIFICATE--DURATION. (1) Upon approval of an application filed under section 3 of this act, the secretary of state shall issue a certificate to the applicant recognizing the applicant's permission to use the office of the secretary of state as the applicant's address, or as the address of any other person for whom the application was filed. The certificate shall contain the name of the person issued the certificate; the name of the person with the protected address; a statement that the office of the secretary of state is the official address of the person with the protected address; and a listing of the secretary of state's office address to be used.

(2) A certificate is effective for a period of one year following its issuance, except under the following circumstances:

(a) The certificate will become ineffective if, and as of the time that, the person for whom the certificate is granted obtains a change of name; and

(b) A change in address listed on the application will render the certificate ineffective, unless the certificate holder provides the secretary of state with seven days' advance notice of the change of address.

(3) The secretary of state may cancel the certificate if mail forwarded by the secretary to that address is returned as nondeliverable.

(4) A certificate obtained though false information is void.

(4) This section does not apply to a voter's address provided to the county auditor for purposes of registering to vote or for any voting purpose.

NEW SECTION. Sec. 5. ADOPTION OF RULES--USE OF SECRETARY OF STATE'S ADDRESS. The secretary of state shall adopt rules permitting a current certificate holder, or person for whom a current certificate is obtained, to use the secretary of state's address in lieu of the protected address. This permission extends to all communications and transactions, except for those communications and transactions relating to voting. The secretary of state shall forward all mail or other materials sent to the secretary of state for a person with a protected address to the mailing address provided in the approved application. The secretary of state may send such mail or materials by United States postal service, or other alternative methods approved by the secretary of state.

NEW SECTION. Sec. 6. DISCLOSURE RESTRICTIONS. The secretary of state may not make a protected address available for inspection or copying, except under the following circumstances: (1) When requested by a law enforcement agency, to the law enforcement agency; and (2) when directed by court order, to a person identified in the order.

NEW SECTION. Sec. 7. CHAPTER ADMINISTERED BY SECRETARY OF STATE--ASSISTANCE TO APPLICANTS. (1) The secretary of state shall administer this chapter and adopt rules for its effective administration.

(2) Through interlocal or other agreements, the secretary of state may designate and authorize state and local agencies and nonprofit entities which provide counseling and shelter services to victims of domestic violence to assist applicants for a certificate under this chapter. Any assistance and counseling rendered by the office of the secretary of state or its designees to applicants shall in no way be construed as legal advice.

(3) The secretary of state shall serve as the agent for service of process on each person with a current protected address.

NEW SECTION. Sec. 8. CAPTIONS NOT LAW. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 9. A new section is added to chapter 29.36 RCW to read as follows:

(1) The county auditor shall place on ongoing absentee status any voter with a protected address, as defined under section 2 of this act, who submits to the county auditor a copy of the certificate issued under section 3 of this act and requests the county auditor to place the voter on such status.

(2) The county auditor may not disclose a protected address of a voter placed on ongoing absentee status under subsection (1) of this section, except under the following circumstances: (a) When requested by a law enforcement agency, to the law enforcement agency; and (b) when directed by court order, to a person identified in the order.

(3) A voter placed on ongoing absentee status under this section shall remain on such status for as long as the voter's address is a protected address. Such voter shall be subject to the same restrictions as other voters placed on such status, except that termination of the status shall not occur on January 1st of each odd-numbered year.

Sec. 10. RCW 42.17.310 and 1990 2nd ex.s. c 1 s 1103 are each amended to read as follows:

(1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) 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.

(c) 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 (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

(d) 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.

(e) Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070.

(n) Railroad company contracts filed with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

(q) 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.

(r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapter 43.163 RCW and chapters 43.31, 43.63A, and 43.168 RCW.

(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

(v) 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.

(w) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

(x) Information obtained by the board of pharmacy and its representatives as provided in RCW 69.41.044 and 69.41.280.

(y) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

(z) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

(aa) Financial and valuable trade information under RCW 51.36.120.

(((bb) Effective March 1, 1991, the work and home addresses, other than the city of residence, of a person shall remain undisclosed or be omitted from all documents made available for public review if that person requests in writing, under oath, that these addresses be kept private because disclosure would endanger his or her life, physical safety, or property. This provision does not in any way restrict the sharing or collection of information by state and local governmental agencies required for the daily administration of their duties. The secretary of state shall administer this provision and establish the procedures and rules that are necessary for its operation. An agency that has not been furnished with a request for confidentiality of address information is not liable for damages resulting from its disclosure of the information. For purpose of service of process, the secretary of state shall serve as agent for each person who submits a request under this subsection. A request shall be of no force or effect if the requester does not include a statement, along with or part of the request, designating the secretary of state as agent of the requester for purposes of service of process.))

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

Sec. 11. RCW 42.17.311 and 1990 c 256 s 2 are each amended to read as follows:

Nothing in RCW 42.17.310(1) (t) through (v) and ((~~(bb)~~)) (aa) shall affect a positive duty of an agency to disclose or a positive duty to withhold information which duty to disclose or withhold is contained in any other law.

NEW SECTION. Sec. 12. A new section is added to chapter 42.17 RCW to read as follows:

PROTECTED RECORDS EXEMPT FROM PUBLIC DISCLOSURE ACT. Address information contained in a public record is exempt from disclosure under this chapter if the disclosure would violate chapter 40.--- RCW (sections 1 through 8 of this act).

NEW SECTION. Sec. 13. NEW CHAPTER CREATED. Sections 1 through 8 of this act shall constitute a new chapter in Title 40 RCW.

NEW SECTION. Sec. 14. EMERGENCY CLAUSE. Sections 10 and 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.