ESSB 6508 -
By Representative Nixon
WITHDRAWN 03/01/2006
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.
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.