6508-S.E AMH NIXO DURB 070

ESSB 6508 - H AMD TO H AMD (H5473.3) 1070

By Representative Nixon

WITHDRAWN 3/1/2006

   On page 3, beginning on line 11 of the amendment, strike all of section 4 and insert the following:

   "NEW SECTION. Sec. 4. A new section is added to chapter 19.112 RCW to read as follows:

   The department of licensing shall not publicly release, unless pursuant to an order of a court of competent jurisdiction, information submitted as evidence as required by section 2 of this act, except information disclosed in aggregate form that does not permit the identification of information related to individual special fuel licensees.

   Sec. 5. RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:

   The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:

   (1) 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;

   (2) 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 (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;

   (3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;

   (4) 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;

   (5) 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;

   (6) 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;

   (7) Financial and valuable trade information under RCW 51.36.120;

   (8) 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;

   (9) 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;

   (10) 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;

   (11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011; and

   (12)(a) When supplied to and in the records of the department of community, trade, and economic development:

   (i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); ((and))

   (ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;

   (b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;

   (c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;

   (d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter; and

   (13) Financial and commercial information provided as evidence to the department of licensing as required by section 2 of this act, except information disclosed in aggregate form that does not permit the identification of information related to individual special fuel licensees."

   Renumber the remaining sections consecutively and correct any internal references accordingly.

   On page 8, after line 1 of the amendment, insert the following:

   "NEW SECTION. Sec. 15. This act takes effect July 1, 2006."

   Renumber the remaining section consecutively.

   Correct the title.

   EFFECT: Removes section 4 of the amendment that requires the Department of Licensing to establish rules to ensure that information submitted by special fuel licensees can be aggregated without releasing identifying individual company information.

   Prohibits the Department of Licensing from releasing information submitted by special fuel licensees under this act, except information disclosed in aggregate form that does not reveal identifying information about individual licensees.

   Adds an exemption to the public disclosure law in RCW 42.56.270, which exempts financial and commercial information submitted by special fuel licensees under section 2 of this act, except information disclosed in aggregate form that does not reveal identifying information about individual licensees.

   Changes the effective date of the act from 90 days after adjournment of session to July 1, 2006.