BILL REQ. #: H-3899.1
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/12/2006. Referred to Committee on State Government Operations & Accountability.
AN ACT Relating to public records inspection and copying; amending RCW 42.56.070, 42.56.240, 42.56.250, 42.56.270, 42.56.320, 42.56.350, 42.56.360, 42.56.380, 42.56.400, 42.56.410, 42.56.420, 42.56.450, and 42.56.470; adding new sections to chapter 42.56 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 42.56.070 and 2005 c 274 s 284 are each amended to
read as follows:
(1) Each agency, in accordance with published rules, shall make
available for public inspection and copying all public records, unless
the record falls within the specific exemptions of subsection (6) of
this section((,)) or this chapter((, or other statute which exempts or
prohibits disclosure of specific information or records)). To the
extent required to prevent an unreasonable invasion of personal privacy
interests protected by this chapter, an agency shall delete identifying
details in a manner consistent with this chapter when it makes
available or publishes any public record; however, in each case, the
justification for the deletion shall be explained fully in writing.
(2) For informational purposes, each agency shall publish and
maintain a current list containing every law, other than those listed
in this chapter, that the agency believes exempts or prohibits
disclosure of specific information or records of the agency. An
agency's failure to list an exemption shall not affect the efficacy of
any exemption.
(3) Each local agency shall maintain and make available for public
inspection and copying a current index providing identifying
information as to the following records issued, adopted, or promulgated
after January 1, 1973:
(a) Final opinions, including concurring and dissenting opinions,
as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy,
statute, and the Constitution which have been adopted by the agency;
(c) Administrative staff manuals and instructions to staff that
affect a member of the public;
(d) Planning policies and goals, and interim and final planning
decisions;
(e) Factual staff reports and studies, factual consultant's reports
and studies, scientific reports and studies, and any other factual
information derived from tests, studies, reports, or surveys, whether
conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by and with
the agency relating to any regulatory, supervisory, or enforcement
responsibilities of the agency, whereby the agency determines, or
opines upon, or is asked to determine or opine upon, the rights of the
state, the public, a subdivision of state government, or of any private
party.
(4) A local agency need not maintain such an index, if to do so
would be unduly burdensome, but it shall in that event:
(a) Issue and publish a formal order specifying the reasons why and
the extent to which compliance would unduly burden or interfere with
agency operations; and
(b) Make available for public inspection and copying all indexes
maintained for agency use.
(5) Each state agency shall, by rule, establish and implement a
system of indexing for the identification and location of the following
records:
(a) All records issued before July 1, 1990, for which the agency
has maintained an index;
(b) Final orders entered after June 30, 1990, that are issued in
adjudicative proceedings as defined in RCW 34.05.010 and that contain
an analysis or decision of substantial importance to the agency in
carrying out its duties;
(c) Declaratory orders entered after June 30, 1990, that are issued
pursuant to RCW 34.05.240 and that contain an analysis or decision of
substantial importance to the agency in carrying out its duties;
(d) Interpretive statements as defined in RCW 34.05.010 that were
entered after June 30, 1990; and
(e) Policy statements as defined in RCW 34.05.010 that were entered
after June 30, 1990.
Rules establishing systems of indexing shall include, but not be
limited to, requirements for the form and content of the index, its
location and availability to the public, and the schedule for revising
or updating the index. State agencies that have maintained indexes for
records issued before July 1, 1990, shall continue to make such indexes
available for public inspection and copying. Information in such
indexes may be incorporated into indexes prepared pursuant to this
subsection. State agencies may satisfy the requirements of this
subsection by making available to the public indexes prepared by other
parties but actually used by the agency in its operations. State
agencies shall make indexes available for public inspection and
copying. State agencies may charge a fee to cover the actual costs of
providing individual mailed copies of indexes.
(6) A public record may be relied on, used, or cited as precedent
by an agency against a party other than an agency and it may be invoked
by the agency for any other purpose only if:
(a) It has been indexed in an index available to the public; or
(b) Parties affected have timely notice (actual or constructive) of
the terms thereof.
(7) Each agency shall establish, maintain, and make available for
public inspection and copying a statement of the actual per page cost
or other costs, if any, that it charges for providing photocopies of
public records and a statement of the factors and manner used to
determine the actual per page cost or other costs, if any.
(a) In determining the actual per page cost for providing
photocopies of public records, an agency may include all costs directly
incident to copying such public records including the actual cost of
the paper and the per page cost for use of agency copying equipment.
In determining other actual costs for providing photocopies of public
records, an agency may include all costs directly incident to shipping
such public records, including the cost of postage or delivery charges
and the cost of any container or envelope used.
(b) In determining the actual per page cost or other costs for
providing copies of public records, an agency may not include staff
salaries, benefits, or other general administrative or overhead
charges, unless those costs are directly related to the actual cost of
copying the public records. Staff time to copy and mail the requested
public records may be included in an agency's costs.
(8) An agency need not calculate the actual per page cost or other
costs it charges for providing photocopies of public records if to do
so would be unduly burdensome, but in that event: The agency may not
charge in excess of fifteen cents per page for photocopies of public
records or for the use of agency equipment to photocopy public records
and the actual postage or delivery charge and the cost of any container
or envelope used to mail the public records to the requestor.
(9) This chapter shall not be construed as giving authority to any
agency, the office of the secretary of the senate, or the office of the
chief clerk of the house of representatives to give, sell or provide
access to lists of individuals requested for commercial purposes, and
agencies, the office of the secretary of the senate, and the office of
the chief clerk of the house of representatives shall not do so unless
specifically authorized or directed by law: PROVIDED, HOWEVER, That
lists of applicants for professional licenses and of professional
licensees shall be made available to those professional associations or
educational organizations recognized by their professional licensing or
examination board, upon payment of a reasonable charge therefor:
PROVIDED FURTHER, That such recognition may be refused only for a good
cause pursuant to a hearing under the provisions of chapter 34.05 RCW,
the Administrative Procedure Act.
Sec. 2 RCW 42.56.240 and 2005 c 274 s 404 are each amended to
read as follows:
The following investigative, law enforcement, and crime victim
information is exempt from public inspection and copying under this
chapter:
(1) 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;
(2) 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 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 commission
about any elected official or candidate for public office must be made
in writing and signed by the complainant under oath;
(3) 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);
(4) License applications under RCW 9.41.070; copies of license
applications or information on the applications may be released to law
enforcement or corrections agencies; ((and))
(5) Information revealing the identity of child victims of sexual
assault who are under age eighteen. Identifying information means the
child victim's name, address, location, photograph, and in cases in
which the child victim is a relative or stepchild of the alleged
perpetrator, identification of the relationship between the child and
the alleged perpetrator;
(6) Pleadings, papers, evidence records, and files of the
commission on judicial conduct, as provided for in RCW 2.64.111;
(7) All of the information and data collected and processed by the
organized crime advisory board and the petition filed with the supreme
court, except as provided by rules of the supreme court of Washington
in the case of the petition, as provided in RCW 10.29.030;
(8) Vouchers and other budget and accounting records of a special
inquiry judge proceeding including such records of the special
prosecutor, as provided in RCW 10.29.090;
(9) Nonconviction data except for the purpose of challenge or
correction when the person who is the subject of the record asserts the
belief in writing that the information regarding such person is
inaccurate or incomplete, as provided in RCW 10.97.080;
(10) Investigative records of the office of the family and
children's ombudsman, as provided in RCW 43.06A.050;
(11) Information obtained from a contractor through an audit to
determine compliance with permitting requirements for alterations of
mobile and manufactured homes, as provided in RCW 43.22.434; and
(12) Information and data collected and processed by the organized
crime intelligence unit of the Washington state patrol, as provided in
RCW 43.43.856.
Sec. 3 RCW 42.56.250 and 2005 c 274 s 405 are each amended to
read as follows:
The following employment and licensing information is exempt from
public inspection and copying under this chapter:
(1) Test questions, scoring keys, and other examination data used
to administer a license, employment, or academic examination;
(2) All applications for public employment, including the names of
applicants, resumes, and other related materials submitted with respect
to an applicant;
(3) The residential addresses or residential telephone numbers of
employees or volunteers of a public agency that are held by any public
agency in personnel records, public employment related records, or
volunteer rosters, or are included in any mailing list of employees or
volunteers of any public agency;
(4) Information that identifies a person who, while an agency
employee: (a) 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 (b) requests his or her identity or any
identifying information not be disclosed;
(5) 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; ((and))
(6) Except as provided in RCW 47.64.220, salary and employee
benefit information collected under RCW 47.64.220(1) and described in
RCW 47.64.220(2);
(7) Any information in an escrow agent application regarding the
personal residential address or telephone number of any officer,
director, partner, owner, controlling person, or employee, if the
applicant is a corporation or a limited liability company, as provided
in RCW 18.44.031;
(8) Information obtained from a contractor under RCW 18.106.320;
(9) Information obtained from an electrical contractor under RCW
19.28.171, as provided in RCW 19.28.171; and
(10) Reports and information received by the investment board, as
provided in RCW 43.33A.025.
Sec. 4 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;
(13) Any business-related information obtained under chapter 15.86
RCW concerning an entity certified under chapter 15.86 RCW or an
applicant for such certification, as provided in RCW 15.86.110;
(14) Registrations made under chapter 19.80 RCW, as provided in RCW
19.80.065;
(15) Trade secrets or other proprietary information submitted by a
bidder, offeror, or contractor in connection with an alternative public
works transaction, as provided in RCW 39.10.100;
(16) Salary and fringe benefit survey information collected from
private employers, as provided in RCW 41.06.160 and 41.06.167;
(17) Salary and employee benefit information collected from private
employers, as provided in RCW 47.64.220;
(18) Financial and valuable trade information provided to the
department of labor and industries when contracting for health care
services and equipment, upon the request of a contractor, as provided
in RCW 51.36.120; and
(19) Records that contain commercial information, including trade
secrets or confidential marketing, cost or financial information, or
customer-specific usage and network configuration and design
information, as provided in RCW 80.04.095.
Sec. 5 RCW 42.56.320 and 2005 c 274 s 412 are each amended to
read as follows:
The following educational information is exempt from disclosure
under this chapter:
(1) Financial disclosures filed by private vocational schools under
chapters 28B.85 and 28C.10 RCW;
(2) 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;
(3) Individually identifiable information received by the work
force training and education coordinating board for research or
evaluation purposes; ((and))
(4) Except for public records as defined in RCW ((40.14.040))
40.14.010, any records or documents obtained by a state college,
university, library, or archive through or concerning any gift, grant,
conveyance, bequest, or devise, the terms of which restrict or regulate
public access to those records or documents; and
(5) Financial disclosures to the higher education coordinating
board by degree-granting private vocational schools, as provided in RCW
28C.10.050.
Sec. 6 RCW 42.56.350 and 2005 c 274 s 415 are each amended to
read as follows:
(1) The federal Social Security number of individuals governed
under chapter 18.130 RCW maintained in the files of the department of
health is exempt from disclosure under this chapter. The exemption in
this section 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.
(2) 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 are exempt from
disclosure under this chapter, if the provider requests that this
information be withheld from public inspection and copying, and
provides to the department of health an accurate alternate or business
address and business telephone number. 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 of
health 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 42.56.070(9).
(3) The following information relating to health professionals is
exempt from disclosure under this chapter;
(a) The contents of any report filed under RCW 18.130.070, except
as provided in RCW 18.71.0195; and
(b) Entity records as provided in RCW 18.71.340.
Sec. 7 RCW 42.56.360 and 2005 c 274 s 416 are each amended to
read as follows:
(1) The following health care information is exempt from disclosure
under this chapter:
(a) Information obtained by the board of pharmacy as provided in
RCW 69.45.090;
(b) 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;
(c) Information and documents created specifically for, and
collected and maintained by a quality improvement committee under 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;
(d)(i) 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;
(ii) 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
subsection (1)(d) as exempt from disclosure;
(iii) 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;
(e) Records of the entity obtained in an action under RCW 18.71.300
through 18.71.340;
(f) Except for published statistical compilations and reports
relating to the infant mortality review studies that do not identify
individual cases and sources of information, any records or documents
obtained, prepared, or maintained by the local health department for
the purposes of an infant mortality review conducted by the department
of health under RCW 70.05.170; ((and))
(g) Complaints filed under chapter 18.130 RCW after July 27, 1997,
to the extent provided in RCW 18.130.095(1);
(h) All records, reports, and information obtained by the
department of health with regard to nonresident pharmacies from or on
behalf of an entity licensed under chapter 48.20, 48.21, 48.44, or
48.46 RCW, as provided in RCW 18.64.420;
(i) Addresses and telephone numbers of health care providers as
provided in RCW 18.130.085;
(j) Complaints against health care providers filed after July 27,
1997, as provided in RCW 18.130.095;
(k) Treatment and pretreatment records of health professions'
license holders and records held by their disciplining authorities, as
provided in RCW 18.130.175;
(l) Customer list information for nonresident pharmacies for which
an insurer is providing coverage, as provided in RCW 48.20.530;
(m) Customer list information for nonresident pharmacies for which
an insurer is providing coverage, as provided in RCW 48.21.330;
(n) Customer list information for nonresident pharmacies for which
a health care service contractor is providing coverage, as provided in
RCW 48.44.470;
(o) Customer list information for nonresident pharmacies for which
a health maintenance organization is providing coverage, as provided in
RCW 48.46.540;
(p) Records, reports, and information obtained by the board of
pharmacy or its authorized representative from an entity that
purchases, dispenses, or distributes legend drugs, as provided in RCW
69.41.044 and 69.41.280;
(q) Records, reports, and information obtained by the board of
pharmacy from or on behalf of a manufacturer or manufacturer's
representative, as provided in RCW 69.45.090;
(r) Information received by the department of health through filed
reports, inspection, or as otherwise authorized, to the extent provided
in RCW 70.41.150;
(s) Certain records, actuarial formulas, statistics, and
assumptions, relating to the basic health plan, as provided in RCW
70.47.150;
(t) Members of on-site review teams and staff included in site
visits, as provided in RCW 70.168.070;
(u) Certain data elements in the statewide data registry and
patient care quality assurance proceedings, records, and reports
developed pursuant to the statewide data registry, as provided in RCW
70.168.090; and
(v) The fact of admission as a patient in a hospital and all
information and records compiled, obtained, or maintained in the course
of providing services at public or private agencies, to the extent
provided in RCW 71.05.390(15).
(2) Chapter 70.02 RCW applies to public inspection and copying of
health care information of patients.
Sec. 8 RCW 42.56.380 and 2005 c 274 s 418 are each amended to
read as follows:
The following information relating to agriculture and livestock is
exempt from disclosure under this chapter:
(1) Business-related information under RCW 15.86.110;
(2) Information provided under RCW 15.54.362;
(3) Production or sales records required to determine assessment
levels and actual assessment payments to commodity boards and
commissions formed under chapters 15.24, 15.26, 15.28, 15.44, 15.65,
15.66, 15.74, 15.88, 15.100, and 16.67 RCW or required by the
department of agriculture to administer these chapters or the
department's programs;
(4) Consignment information contained on phytosanitary certificates
issued by the department of agriculture under chapters 15.13, 15.49,
and 15.17 RCW or federal phytosanitary certificates issued under 7
C.F.R. 353 through cooperative agreements with the animal and plant
health inspection service, United States department of agriculture, or
on applications for phytosanitary certification required by the
department of agriculture;
(5) Financial and commercial information and records supplied by
persons (a) to the department of agriculture for the purpose of
conducting a referendum for the potential establishment of a commodity
board or commission; or (b) to the department of agriculture or
commodity boards or commissions formed under chapter 15.24, 15.28,
15.44, 15.65, 15.66, 15.74, 15.88, 15.100, or 16.67 RCW with respect to
domestic or export marketing activities or individual producer's
production information;
(6) Except under RCW 15.19.080, information obtained regarding the
purchases, sales, or production of an individual American ginseng
grower or dealer;
(7) Information that can be identified to a particular business and
that is collected under section 3(1), chapter 235, Laws of 2002;
((and))
(8) Financial statements provided under RCW 16.65.030(1)(d);
(9) Information regarding the purchases, sales, or production of an
individual American ginseng grower or dealer, except for providing
reports to the United States fish and wildlife service, as provided in
RCW 15.19.080;
(10) Semiannual reports regarding feed distribution, as provided in
RCW 15.53.9018; and
(11) Information in plans, records, and reports under chapter 510,
Laws of 2005, to the extent provided in RCW 90.64.190.
Sec. 9 RCW 42.56.400 and 2005 c 274 s 420 are each amended to
read as follows:
The following information relating to insurance and financial
institutions is exempt from disclosure under this chapter:
(1) 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;
(2) Information obtained and exempted or withheld from public
inspection by the health care authority under RCW 41.05.026, whether
retained by the authority, transferred to another state purchased
health care program by the authority, or transferred by the authority
to a technical review committee created to facilitate the development,
acquisition, or implementation of state purchased health care under
chapter 41.05 RCW;
(3) The names and individual identification data of all viators
regulated by the insurance commissioner under chapter 48.102 RCW;
(4) Information provided under RCW 48.30A.045 through 48.30A.060;
(5) Information provided under RCW 48.05.510 through 48.05.535,
48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600
through 48.46.625;
(6) Information gathered under chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business;
(7) Examination reports and information obtained by the department
of financial institutions from banks under RCW 30.04.075, from savings
banks under RCW 32.04.220, from savings and loan associations under RCW
33.04.110, from credit unions under RCW 31.12.565, from check cashers
and sellers under RCW 31.45.030(3), and from securities brokers and
investment advisers under RCW 21.20.100, all of which is confidential
and privileged information;
(8) Information provided to the insurance commissioner under RCW
48.110.040(3);
(9) Documents, materials, or information obtained by the insurance
commissioner under RCW 48.02.065, all of which are confidential and
privileged; ((and))
(10) Confidential proprietary and trade secret information provided
to the commissioner under RCW 48.31C.020 through 48.31C.050 and
48.31C.070;
(11) Information or reports obtained by the director of financial
institutions from an applicant, licensee, or authorized delegate and
all information contained in, or related to, examination,
investigation, operating, or condition reports prepared by, on behalf
of, or for the use of the director, or financial statements, balance
sheets, or authorized delegate information, as provided in RCW
19.230.190;
(12) Examination reports and information obtained by the director
of financial institutions or the director's representatives in
conducting examinations pursuant to RCW 21.20.700, as provided in RCW
21.20.855;
(13) Information obtained in private investigations pursuant to RCW
21.30.100 or 21.30.110 and information obtained from federal or state
agencies that may not be disclosed under federal law, as provided in
RCW 21.30.170;
(14) Examination reports and information obtained by the director
of financial institutions and the director's staff, as provided in RCW
30.04.075(5);
(15) Information in applications and supporting information, and
all examination reports and information from out-of-state holding
companies desiring to make certain acquisitions, obtained by the
director of financial institutions and the director's staff in
conducting their investigation, as provided in RCW 30.04.230;
(16) Findings and orders of the director of financial institutions
disapproving proposed acquisitions, as provided in RCW 30.04.410;
(17) Examination reports and information relating to state credit
unions, to the extent provided in RCW 31.12.565;
(18) Examination reports and information obtained by the director
of financial institutions and the director's staff, as provided in RCW
32.04.220;
(19) Findings and orders of the director of financial institutions
disapproving proposed acquisitions, as provided in RCW 32.32.228;
(20) Applications for converting a mutual savings bank to a capital
stock savings bank, as provided in RCW 32.32.375;
(21) Examination reports and information obtained by the director
of financial institutions and the director's staff in conducting
examinations, as provided in RCW 33.04.110;
(22) Antifraud plans and summary of an insurer's antifraud
activities, as provided in RCW 48.30A.060;
(23) Information in the possession of the insurance commissioner
relating to mergers, rehabilitation, liquidation, and supervision, as
provided in RCW 48.31.405;
(24) Information regarding funds or any liability reserve
established for the purposes of satisfying a claim or cause of action,
as provided in RCW 48.62.101;
(25) A summary of the basis upon which the insurance commissioner
has refused to issue a license, as provided in RCW 48.94.010; and
(26) To the extent necessary and appropriate, documents and
information relating to the Holocaust insurance company registry, as
provided in RCW 48.104.050.
Sec. 10 RCW 42.56.410 and 2005 c 274 s 421 are each amended to
read as follows:
The following information relating to the employment security
department is exempt from disclosure under this chapter:
(1) 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 ((are
exempt from disclosure under this chapter)); and
(2) Information provided to the employment security department by
another governmental agency or entity, as provided in RCW 50.13.015.
Sec. 11 RCW 42.56.420 and 2005 c 274 s 422 are each amended to
read as follows:
The following information relating to security is exempt from
disclosure under this chapter:
(1) Those portions of records assembled, prepared, or maintained to
prevent, mitigate, or respond to criminal terrorist acts, which are
acts that significantly disrupt the conduct of government or of the
general civilian population of the state or the United States and that
manifest an extreme indifference to human life, the public disclosure
of which would have a substantial likelihood of threatening public
safety, consisting of:
(a) Specific and unique vulnerability assessments or specific and
unique response or deployment plans, including compiled underlying data
collected in preparation of or essential to the assessments, or to the
response or deployment plans; and
(b) Records not subject to public disclosure under federal law that
are shared by federal or international agencies, and information
prepared from national security briefings provided to state or local
government officials related to domestic preparedness for acts of
terrorism;
(2) Those portions of records containing specific and unique
vulnerability assessments or specific and unique emergency and escape
response plans at a city, county, or state adult or juvenile
correctional facility, the public disclosure of which would have a
substantial likelihood of threatening the security of a city, county,
or state adult or juvenile correctional facility or any individual's
safety;
(3) Information compiled by school districts or schools in the
development of their comprehensive safe school plans under RCW
28A.320.125, to the extent that they identify specific vulnerabilities
of school districts and each individual school;
(4) Information regarding the infrastructure and security of
computer and telecommunications networks, consisting of security
passwords, security access codes and programs, access codes for secure
software applications, security and service recovery plans, security
risk assessments, and security test results to the extent that they
identify specific system vulnerabilities; ((and))
(5) The security section of transportation system safety and
security program plans required under RCW 35.21.228, 35A.21.300,
36.01.210, 36.57.120, 36.57A.170, and 81.112.180;
(6) A private key in the possession of a state agency or local
agency, as provided in RCW 19.34.240;
(7) The security section of the safety and security program plan
required for cities and towns that own or operate a rail fixed guideway
system, as provided in RCW 35.21.228;
(8) The security section of the safety and security program plan
required for code cities that own or operate a rail fixed guideway
system, as provided in RCW 35A.21.300;
(9) The security section of the safety and security program plan
required for counties functioning under chapter 36.56 RCW that own or
operate a rail fixed guideway system, as provided in RCW 36.01.210;
(10) The security section of the safety and security program plan
required for county transportation authorities that own or operate a
rail fixed guideway system, as provided in RCW 36.57.120;
(11) The security section of the safety and security program plan
required for public transportation benefit areas that own or operate a
rail fixed guideway system, as provided in RCW 36.57A.170;
(12) The security section of the safety and security program plan
of a rail fixed guideway system, as provided in RCW 81.104.115; and
(13) The security section of the safety and security program plan
for a rail fixed guideway system owned or operated by a regional
transit authority, as provided in RCW 81.112.180.
Sec. 12 RCW 42.56.450 and 2005 c 274 s 425 are each amended to
read as follows:
The following information relating to check cashers and sellers is
exempt from disclosure under this chapter:
(1) Information in an application for licensing or a small loan
endorsement under chapter 31.45 RCW regarding the personal residential
address, telephone number of the applicant, or financial statement ((is
exempt from disclosure under this chapter));
(2) Personal and trade secret information in applications for check
cashers and sellers, as provided in RCW 31.45.030 and 31.45.077; and
(3) Trade secret information in an annual report, as provided in
RCW 31.45.090.
Sec. 13 RCW 42.56.470 and 2005 c 274 s 427 are each amended to
read as follows:
The following information relating to correctional industries class
I work participants and applicants is exempt from disclosure under this
chapter:
(1) All records, documents, data, and other materials obtained
under the requirements of RCW 72.09.115 from an existing correctional
industries class I work program participant or an applicant for a
proposed new or expanded class I correctional industries work program
((are exempt from public disclosure under this chapter)); and
(2) Records, documents, data, and other materials obtained from an
existing correctional industries class I work program participant or an
applicant for a new or expanded class I correctional industries work
program, as provided in RCW 72.09.116.
NEW SECTION. Sec. 14 A new section is added to chapter 42.56 RCW
to read as follows:
(1) Mediation communication, as provided in RCW 7.07.050;
(2) Mental health information received by: (a) The department of
licensing pursuant to RCW 9.41.047 or 9.41.170; (b) an issuing
authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police
or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law
enforcement agency pursuant to RCW 9.41.097, except as provided in RCW
42.56.240(4), as provided in RCW 9.41.097; and
(3) Records of applications for concealed pistol licenses provided
for in RCW 9.41.070, copies or records of applications for alien
firearm licenses, copies or records of applications to purchase pistols
provided for in RCW 9.41.090, and copies or records of pistol transfers
provided for in RCW 9.41.110, as provided in RCW 9.41.129.
NEW SECTION. Sec. 15 A new section is added to chapter 42.56 RCW
to read as follows:
(1) Information and documents relating to quality assurance
committees, as provided in RCW 18.20.390; and
(2) Information and documents created for and collected and
maintained by a quality assurance committee, as provided in RCW
74.42.640.
NEW SECTION. Sec. 16 A new section is added to chapter 42.56 RCW
to read as follows:
(1) The name or address of an individual vehicle owner, as provided
in RCW 46.12.380;
(2) Statements signed by a licensed physician or other proper
authority certifying a person's condition for purposes of a driver's
license, as provided in RCW 46.20.041; and
(3) Negatives in files of the department of licensing, as provided
in RCW 46.20.118.
NEW SECTION. Sec. 17 A new section is added to chapter 42.56 RCW
to read as follows:
NEW SECTION. Sec. 18 A new section is added to chapter 42.56 RCW
to read as follows:
(1) Plans developed by hazardous waste generators and users, as
provided in RCW 70.95C.220;
(2) Examination reports and proprietary information obtained by the
Washington pollution liability insurance program director and the
director's staff, as provided in RCW 70.148.060; and
(3) Examination and proprietary reports and information obtained by
the Washington pollution liability insurance program director or the
director's appointed representative and all information obtained by the
director or the director's staff, as provided in RCW 70.149.090.
NEW SECTION. Sec. 19
NEW SECTION. Sec. 20 This act takes effect July 1, 2006.