57th Legislature

2001 Regular Session


Passed by the House March 12, 2001

  Yeas 95   Nays 0



Speaker of the House of Representatives



Speaker of the House of Representatives






Passed by the Senate April 6, 2001

  Yeas 45   Nays 0


President of the Senate






We, Timothy A. Martin and Cynthia Zehnder, Co‑Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1002 as passed by the House of Representatives and the Senate on the dates hereon set forth.




Chief Clerk




Chief Clerk











Governor of the State of Washington













Sectretary of State

State of Washington








Passed Legislature ‑ 2001 Regular Session


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. 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.




_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. 8