H 0208

H‑0208.1 _____________________________________________

HOUSE BILL 1002

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Ruderman, Rockefeller, Santos, Lambert, Darneille, Haigh, McIntire and Hunt

Prefiled 12/20/2000. Read first time 01/08/2001. Referred to Committee on State Government.

_1 AN ACT Relating to the public inspection and copying of

_2 residential addresses or residential phone numbers of public

_3 employees or volunteers of public agencies; and reenacting and

_4 amending RCW 42.17.310.

_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6 Sec. 1. RCW 42.17.310 and 2000 c 134 s 3, 2000 c 56 s 1, and 2000

_7 c 6 s 5 are each reenacted and amended to read as follows:

_8 (1) The following are exempt from public inspection and

_9 copying:

10 (a) Personal information in any files maintained for students

11 in public schools, patients or clients of public institutions or

12 public health agencies, or welfare recipients.

13 (b) Personal information in files maintained for employees,

14 appointees, or elected officials of any public agency to the

15 extent that disclosure would violate their right to privacy.

16 (c) Information required of any taxpayer in connection with the

17 assessment or collection of any tax if the disclosure of the

18 information to other persons would (i) be prohibited to such

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_1 persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or

_2 (ii) violate the taxpayer's right to privacy or result in unfair

_3 competitive disadvantage to the taxpayer.

_4 (d) Specific intelligence information and specific

_5 investigative records compiled by investigative, law enforcement,

_6 and penology agencies, and state agencies vested with the

_7 responsibility to discipline members of any profession, the

_8 nondisclosure of which is essential to effective law enforcement

_9 or for the protection of any person's right to privacy.

10 (e) Information revealing the identity of persons who are

11 witnesses to or victims of crime or who file complaints with

12 investigative, law enforcement, or penology agencies, other than

13 the public disclosure commission, if disclosure would endanger any

14 person's life, physical safety, or property. If at the time a

15 complaint is filed the complainant, victim or witness indicates a

16 desire for disclosure or nondisclosure, such desire shall govern.

17 However, all complaints filed with the public disclosure

18 commission about any elected official or candidate for public

19 office must be made in writing and signed by the complainant under

20 oath.

21 (f) Test questions, scoring keys, and other examination data

22 used to administer a license, employment, or academic examination.

23 (g) Except as provided by chapter 8.26 RCW, the contents of

24 real estate appraisals, made for or by any agency relative to the

25 acquisition or sale of property, until the project or prospective

26 sale is abandoned or until such time as all of the property has

27 been acquired or the property to which the sale appraisal relates

28 is sold, but in no event shall disclosure be denied for more than

29 three years after the appraisal.

30 (h) Valuable formulae, designs, drawings, computer source code

31 or object code, and research data obtained by any agency within

32 five years of the request for disclosure when disclosure would

33 produce private gain and public loss.

34 (i) Preliminary drafts, notes, recommendations, and intra-

35 agency memorandums in which opinions are expressed or policies

36 formulated or recommended except that a specific record shall not

37 be exempt when publicly cited by an agency in connection with any

38 agency action.

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_1 (j) Records which are relevant to a controversy to which an

_2 agency is a party but which records would not be available to

_3 another party under the rules of pretrial discovery for causes

_4 pending in the superior courts.

_5 (k) Records, maps, or other information identifying the

_6 location of archaeological sites in order to avoid the looting or

_7 depredation of such sites.

_8 (l) Any library record, the primary purpose of which is to

_9 maintain control of library materials, or to gain access to

10 information, which discloses or could be used to disclose the

11 identity of a library user.

12 (m) Financial information supplied by or on behalf of a person,

13 firm, or corporation for the purpose of qualifying to submit a bid

14 or proposal for (i) a ferry system construction or repair contract

15 as required by RCW 47.60.680 through 47.60.750 or (ii) highway

16 construction or improvement as required by RCW 47.28.070.

17 (n) Railroad company contracts filed prior to July 28, 1991,

18 with the utilities and transportation commission under RCW

19 81.34.070, except that the summaries of the contracts are open to

20 public inspection and copying as otherwise provided by this

21 chapter.

22 (o) Financial and commercial information and records supplied

23 by private persons pertaining to export services provided pursuant

24 to chapter 43.163 RCW and chapter 53.31 RCW, and by persons

25 pertaining to export projects pursuant to RCW 43.23.035.

26 (p) Financial disclosures filed by private vocational schools

27 under chapters 28B.85 and 28C.10 RCW.

28 (q) Records filed with the utilities and transportation

29 commission or attorney general under RCW 80.04.095 that a court

30 has determined are confidential under RCW 80.04.095.

31 (r) Financial and commercial information and records supplied

32 by businesses or individuals during application for loans or

33 program services provided by chapters 43.163, 43.160, 43.330, and

34 43.168 RCW, or during application for economic development loans

35 or program services provided by any local agency.

36 (s) Membership lists or lists of members or owners of interests

37 of units in timeshare projects, subdivisions, camping resorts,

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_1 condominiums, land developments, or common-interest communities

_2 affiliated with such projects, regulated by the department of

_3 licensing, in the files or possession of the department.

_4 (t) All applications for public employment, including the names

_5 of applicants, resumes, and other related materials submitted with

_6 respect to an applicant.

_7 (u) The residential addresses ((~~and~~)) or residential telephone

_8 numbers of employees or volunteers of a public agency which are

_9 held by ((~~the~~)) any public agency in personnel records, public

10 employment related records, or volunteer rosters, or are included

11 in any mailing ((~~lists~~)) list of employees or volunteers of any

12 public agency.

13 (v) The residential addresses and residential telephone numbers

14 of the customers of a public utility contained in the records or

15 lists held by the public utility of which they are customers,

16 except that this information may be released to the division of

17 child support or the agency or firm providing child support

18 enforcement for another state under Title IV-D of the federal

19 social security act, for the establishment, enforcement, or

20 modification of a support order.

21 (w)(i) The federal social security number of individuals

22 governed under chapter 18.130 RCW maintained in the files of the

23 department of health, except this exemption does not apply to

24 requests made directly to the department from federal, state, and

25 local agencies of government, and national and state licensing,

26 credentialing, investigatory, disciplinary, and examination

27 organizations; (ii) the current residential address and current

28 residential telephone number of a health care provider governed

29 under chapter 18.130 RCW maintained in the files of the

30 department, if the provider requests that this information be

31 withheld from public inspection and copying, and provides to the

32 department an accurate alternate or business address and business

33 telephone number. On or after January 1, 1995, the current

34 residential address and residential telephone number of a health

35 care provider governed under RCW 18.130.040 maintained in the

36 files of the department shall automatically be withheld from

37 public inspection and copying unless the provider specifically

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_1 requests the information be released, and except as provided for

_2 under RCW 42.17.260(9).

_3 (x) Information obtained by the board of pharmacy as provided

_4 in RCW 69.45.090.

_5 (y) Information obtained by the board of pharmacy or the

_6 department of health and its representatives as provided in RCW

_7 69.41.044, 69.41.280, and 18.64.420.

_8 (z) Financial information, business plans, examination reports,

_9 and any information produced or obtained in evaluating or

10 examining a business and industrial development corporation

11 organized or seeking certification under chapter 31.24 RCW.

12 (aa) Financial and commercial information supplied to the state

13 investment board by any person when the information relates to the

14 investment of public trust or retirement funds and when disclosure

15 would result in loss to such funds or in private loss to the

16 providers of this information.

17 (bb) Financial and valuable trade information under RCW

18 51.36.120.

19 (cc) Client records maintained by an agency that is a domestic

20 violence program as defined in RCW 70.123.020 or 70.123.075 or a

21 rape crisis center as defined in RCW 70.125.030.

22 (dd) Information that identifies a person who, while an agency

23 employee: (i) Seeks advice, under an informal process established

24 by the employing agency, in order to ascertain his or her rights

25 in connection with a possible unfair practice under chapter 49.60

26 RCW against the person; and (ii) requests his or her identity or

27 any identifying information not be disclosed.

28 (ee) Investigative records compiled by an employing agency

29 conducting a current investigation of a possible unfair practice

30 under chapter 49.60 RCW or of a possible violation of other

31 federal, state, or local laws prohibiting discrimination in

32 employment.

33 (ff) Business related information protected from public

34 inspection and copying under RCW 15.86.110.

35 (gg) Financial, commercial, operations, and technical and

36 research information and data submitted to or obtained by the

37 clean Washington center in applications for, or delivery of,

38 program services under chapter 70.95H RCW.

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_1 (hh) Information and documents created specifically for, and

_2 collected and maintained by a quality improvement committee

_3 pursuant to RCW 43.70.510 or 70.41.200, or by a peer review

_4 committee under RCW 4.24.250, regardless of which agency is in

_5 possession of the information and documents.

_6 (ii) Personal information in files maintained in a data base

_7 created under RCW 43.07.360.

_8 (jj) Financial and commercial information requested by the

_9 public stadium authority from any person or organization that

10 leases or uses the stadium and exhibition center as defined in RCW

11 36.102.010.

12 (kk) Names of individuals residing in emergency or transitional

13 housing that are furnished to the department of revenue or a

14 county assessor in order to substantiate a claim for property tax

15 exemption under RCW 84.36.043.

16 (ll) The names, residential addresses, residential telephone

17 numbers, and other individually identifiable records held by an

18 agency in relation to a vanpool, carpool, or other ride-sharing

19 program or service. However, these records may be disclosed to

20 other persons who apply for ride-matching services and who need

21 that information in order to identify potential riders or drivers

22 with whom to share rides.

23 (mm) The personally identifying information of current or

24 former participants or applicants in a paratransit or other

25 transit service operated for the benefit of persons with

26 disabilities or elderly persons.

27 (nn) The personally identifying information of persons who

28 acquire and use transit passes and other fare payment media

29 including, but not limited to, stored value smart cards and

30 magnetic strip cards, except that an agency may disclose this

31 information to a person, employer, educational institution, or

32 other entity that is responsible, in whole or in part, for payment

33 of the cost of acquiring or using a transit pass or other fare

34 payment media, or to the news media when reporting on public

35 transportation or public safety. This information may also be

36 disclosed at the agency's discretion to governmental agencies or

37 groups concerned with public transportation or public safety.

38 (oo) Proprietary financial and commercial information that the

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_1 submitting entity, with review by the department of health,

_2 specifically identifies at the time it is submitted and that is

_3 provided to or obtained by the department of health in connection

_4 with an application for, or the supervision of, an antitrust

_5 exemption sought by the submitting entity under RCW 43.72.310. If

_6 a request for such information is received, the submitting entity

_7 must be notified of the request. Within ten business days of

_8 receipt of the notice, the submitting entity shall provide a

_9 written statement of the continuing need for confidentiality,

10 which shall be provided to the requester. Upon receipt of such

11 notice, the department of health shall continue to treat

12 information designated under this section as exempt from

13 disclosure. If the requester initiates an action to compel

14 disclosure under this chapter, the submitting entity must be

15 joined as a party to demonstrate the continuing need for

16 confidentiality.

17 (pp) Records maintained by the board of industrial insurance

18 appeals that are related to appeals of crime victims' compensation

19 claims filed with the board under RCW 7.68.110.

20 (qq) Financial and commercial information supplied by or on

21 behalf of a person, firm, corporation, or entity under chapter

22 28B.95 RCW relating to the purchase or sale of tuition units and

23 contracts for the purchase of multiple tuition units.

24 (rr) Any records of investigative reports prepared by any

25 state, county, municipal, or other law enforcement agency

26 pertaining to sex offenses contained in chapter 9A.44 RCW or

27 sexually violent offenses as defined in RCW 71.09.020, which have

28 been transferred to the Washington association of sheriffs and

29 police chiefs for permanent electronic retention and retrieval

30 pursuant to RCW 40.14.070(2)(b).

31 (ss) Credit card numbers, debit card numbers, electronic check

32 numbers, card expiration dates, or bank or other financial account

33 numbers supplied to an agency for the purpose of electronic

34 transfer of funds, except when disclosure is expressly required by

35 law.

36 (tt) Financial information, including but not limited to

37 account numbers and values, and other identification numbers

38 supplied by or on behalf of a person, firm, corporation, limited

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_1 liability company, partnership, or other entity related to an

_2 application for a liquor license, gambling license, or lottery

_3 retail license.

_4 (uu) Records maintained by the employment security department

_5 and subject to chapter 50.13 RCW if provided to another individual

_6 or organization for operational, research, or evaluation purposes.

_7 (vv) Individually identifiable information received by the work

_8 force training and education coordinating board for research or

_9 evaluation purposes.

10 (2) Except for information described in subsection (1)(c)(i) of

11 this section and confidential income data exempted from public

12 inspection pursuant to RCW 84.40.020, the exemptions of this

13 section are inapplicable to the extent that information, the

14 disclosure of which would violate personal privacy or vital

15 governmental interests, can be deleted from the specific records

16 sought. No exemption may be construed to permit the nondisclosure

17 of statistical information not descriptive of any readily

18 identifiable person or persons.

19 (3) Inspection or copying of any specific records exempt under

20 the provisions of this section may be permitted if the superior

21 court in the county in which the record is maintained finds, after

22 a hearing with notice thereof to every person in interest and the

23 agency, that the exemption of such records is clearly unnecessary

24 to protect any individual's right of privacy or any vital

25 governmental function.

26 (4) Agency responses refusing, in whole or in part, inspection

27 of any public record shall include a statement of the specific

28 exemption authorizing the withholding of the record (or part) and

29 a brief explanation of how the exemption applies to the record

30 withheld.

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