H-0041.2  _______________________________________________

                          HOUSE BILL 1033

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Cairnes, Fisher, G. Chandler, Murray, K. Schmidt, Edwards, Wolfe, Morris, Romero, Scott, McIntire, Cooper, Dickerson, Ogden, Radcliff, Haigh, Rockefeller and Lantz

Prefiled 1/07/99.  Read first time 01/11/1999.  Referred to Committee on State Government.

Protecting certain public transportation information.

    AN ACT Relating to confidentiality of certain public transportation information; and adding a new section to chapter 42.17 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 42.17 RCW to read as follows:

    (1) The names and other identifying or personally identifiable information of, or relating to, the following persons, which information is maintained by or on behalf of a public agency performing public transportation functions, are exempt from disclosure under this chapter:

    (a) Current or former participants, applicants, and potential participants in any vanpool, carpool, or other ride-sharing programs processed or administered by such public agency, except that the agency may disclose this information to persons or entities that are participating or applying to participate in those programs;

    (b) 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 the 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;

    (c) Current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons; and

    (d) Persons who apply for or participate in other public transportation programs administered by such public agencies.

    (2) This section does not apply to published statistical compilations and reports relating to public transportation programs that do not provide information that identifies or could be used to identify specific individuals.

    (3) This section does not prohibit such public agencies from disclosing at their discretion any information exempted under this section.  This section does not create a right of privacy in the information exempted by this section, and no person, as a result of this section, has a cause of action on account of the release of information covered by this section.

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