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HOUSE BILL 1002
_____________________________________________
Passed Legislature ‑
2001 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
Prefiled
12/20/2000. Read first time 01/08/2001. Referred to Committee on State
Government. Limiting the public inspection and
copying of residential addresses or residential phone numbers of public
employees or volunteers of public agencies.
_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
p.
1 HB 1002.PL
_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.
HB 1002.PL p.
2
_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,
p.
3 HB 1002.PL
_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
HB 1002.PL p.
4
_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.
p.
5 HB 1002.PL
_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
HB 1002.PL p.
6
_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
p.
7 HB 1002.PL
_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.
‑‑‑ END ‑‑‑
HB 1002.PL p.
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