AN
ACT Relating to the public disclosure of specific and unique information
related to criminal acts of terrorism; reenacting and amending RCW 42.17.310;
and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that public health and safety is promoted when the public has
knowledge that enables them to make informed choices about their health and
safety. Therefore, the legislature declares, as a matter of public policy,
that the public has a right to information necessary to protect members of the
public from harm caused by alleged hazards or threats to the public.
The
legislature also recognizes that the public disclosure of those portions of
records containing specific and unique vulnerability assessments or specific
and unique response plans, either of which is intended to prevent or mitigate
criminal terrorist acts as defined in RCW 70.74.285, could have a substantial
likelihood of threatening public safety. Therefore, the legislature declares,
as a matter of public policy, that such specific and unique information should
be protected from unnecessary disclosure.
Sec.
2. RCW
42.17.310 and 2000 c 134 s 3, 2000 c 56 s 1, and 2000 c 6 s 5 are each
reenacted and 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 84.08.210, 82.32.330, 84.40.020,
or 84.40.340 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 are witnesses to or victims
of crime or 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
a complaint is filed the complainant, victim or witness 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, computer source code or object code, 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 (i) a
ferry system construction or repair contract as required by RCW 47.60.680
through 47.60.750 or (ii) highway construction or improvement as required by
RCW 47.28.070.
(n)
Railroad company contracts filed prior to July 28, 1991, 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, and by persons pertaining to export projects pursuant to RCW
43.23.035.
(p)
Financial disclosures filed by private vocational schools under chapters 28B.85
and 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 or
individuals during application for loans or program services provided by
chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic
development loans or program services provided by any local agency.
(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, except that this information may be released to the
division of child support or the agency or firm providing child support
enforcement for another state under Title IV-D of the federal social security
act, for the establishment, enforcement, or modification of a support order.
(w)(i)
The federal social security number of individuals governed under chapter 18.130
RCW maintained in the files of the department of health, except this exemption
does not apply to requests made directly to the department from federal, state,
and local agencies of government, and national and state licensing,
credentialing, investigatory, disciplinary, and examination organizations; (ii)
the current residential address and current residential telephone number of a
health care provider governed under chapter 18.130 RCW maintained in the files
of the department, if the provider requests that this information be withheld
from public inspection and copying, and provides to the department an accurate
alternate or business address and business telephone number. On or after
January 1, 1995, the current residential address and residential telephone
number of a health care provider governed under RCW 18.130.040 maintained in
the files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW 42.17.260(9).
(x)
Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y)
Information obtained by the board of pharmacy or the department of health and
its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z)
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.
(aa)
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.
(bb)
Financial and valuable trade information under RCW 51.36.120.
(cc)
Client records maintained by an agency that is a domestic violence program as
defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in
RCW 70.125.030.
(dd)
Information that identifies a person who, while an agency employee: (i) Seeks
advice, under an informal process established by the employing agency, in order
to ascertain his or her rights in connection with a possible unfair practice
under chapter 49.60 RCW against the person; and (ii) requests his or her
identity or any identifying information not be disclosed.
(ee)
Investigative records compiled by an employing agency conducting a current
investigation of a possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting
discrimination in employment.
(ff)
Business related information protected from public inspection and copying under
RCW 15.86.110.
(gg)
Financial, commercial, operations, and technical and research information and
data submitted to or obtained by the clean Washington center in applications
for, or delivery of, program services under chapter 70.95H RCW.
(hh)
Information and documents created specifically for, and collected and
maintained by a quality improvement committee pursuant to RCW 43.70.510 or
70.41.200, or by a peer review committee under RCW 4.24.250, regardless of
which agency is in possession of the information and documents.
(ii)
Personal information in files maintained in a data base created under RCW
43.07.360.
(jj)
Financial and commercial information requested by the public stadium authority
from any person or organization that leases or uses the stadium and exhibition
center as defined in RCW 36.102.010.
(kk)
Names of individuals residing in emergency or transitional housing that are
furnished to the department of revenue or a county assessor in order to
substantiate a claim for property tax exemption under RCW 84.36.043.
(ll)
The names, residential addresses, residential telephone numbers, and other
individually identifiable records held by an agency in relation to a vanpool,
carpool, or other ride-sharing program or service. However, these records may
be disclosed to other persons who apply for ride-matching services and who need
that information in order to identify potential riders or drivers with whom to
share rides.
(mm)
The personally identifying information of current or former participants or
applicants in a paratransit or other transit service operated for the benefit
of persons with disabilities or elderly persons.
(nn)
The personally identifying information of 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 an 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, or to the news media when
reporting on public transportation or public safety. This information may also
be disclosed at the agency's discretion to governmental agencies or groups
concerned with public transportation or public safety.
(oo)
Proprietary financial and commercial information that the submitting entity,
with review by the department of health, specifically identifies at the time it
is submitted and that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an antitrust exemption
sought by the submitting entity under RCW 43.72.310. If a request for such
information is received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice, the submitting
entity shall provide a written statement of the continuing need for
confidentiality, which shall be provided to the requester. Upon receipt of
such notice, the department of health shall continue to treat information
designated under this section as exempt from disclosure. If the requester
initiates an action to compel disclosure under this chapter, the submitting
entity must be joined as a party to demonstrate the continuing need for
confidentiality.
(pp)
Records maintained by the board of industrial insurance appeals that are related
to appeals of crime victims' compensation claims filed with the board under RCW
7.68.110.
(qq)
Financial and commercial information supplied by or on behalf of a person,
firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase
or sale of tuition units and contracts for the purchase of multiple tuition
units.
(rr)
Any records of investigative reports prepared by any state, county, municipal,
or other law enforcement agency pertaining to sex offenses contained in chapter
9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have
been transferred to the Washington association of sheriffs and police chiefs
for permanent electronic retention and retrieval pursuant to RCW
40.14.070(2)(b).
(ss)
Credit card numbers, debit card numbers, electronic check numbers, card
expiration dates, or bank or other financial account numbers supplied to an
agency for the purpose of electronic transfer of funds, except when disclosure
is expressly required by law.
(tt)
Financial information, including but not limited to account numbers and values,
and other identification numbers supplied by or on behalf of a person, firm,
corporation, limited liability company, partnership, or other entity related to
an application for a liquor license, gambling license, or lottery retail
license.
(uu)
Records maintained by the employment security department and subject to chapter
50.13 RCW if provided to another individual or organization for operational,
research, or evaluation purposes.
(vv)
Individually identifiable information received by the work force training and
education coordinating board for research or evaluation purposes.
(ww)
Those portions of records containing specific and unique vulnerability
assessments or specific and unique response plans, either of which is intended
to prevent or mitigate criminal terrorist acts as defined in RCW 70.74.285, the
public disclosure of which would have a substantial likelihood of threatening
public safety.
(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.
