BILL REQ. #:  S-2062.1 

READ FIRST TIME 03/01/05.   

     AN ACT Relating to assuring security of livestock information provided to governmental agencies; creating new sections; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that there is a new national emphasis on the development of mechanisms for tracking the origin of the food supply for food safety and homeland security purposes. Systems are being developed for the registration of livestock premises and identification of livestock for disease trace-back and trace-forward purposes for protection of human and livestock health. Further, there are requirements for increased reporting and for preparation of detailed farm plans for livestock operations for protection of state waters. The legislature finds that successful implementation of each of these systems will require submission to public agencies of significant information from livestock operations that had previously been deemed to be solely private information.
     The legislature also finds in many cases that livestock facilities and the home are considered as an extension of each other for which there is a clear expectation of the right to privacy. There are concerns that information considered as confidential business information can be obtained by competitors including, but not limited to, acreage planted to various crops, current livestock numbers, feed supplies, and price, yield, and production information. Information, photographs, and maps of livestock operations including location of points of access, water sources for livestock, milk storage facilities, and feed storage facilities provided to government agencies for legitimate purposes could also be detrimental to the security of the food supply and to the livestock operation if provided to those who intend to damage facilities or livestock, or by the accidental or intentional introduction of deleterious substances or contagious diseases to such operations.
     Further, the differences between state public disclosure laws and the federal freedom of information act has created difficulties in the coordination between federal and state agencies on emergency disease investigation and response efforts, and a better understanding of these differences and the coordination of state and federal disclosure laws is needed.
     The legislature finds that while pursuing one set of public policy objectives, care needs to be given to ensure that another set of public policy objectives are not unduly compromised.

NEW SECTION.  Sec. 2   (1) The task force on livestock information security is created. The task force shall be comprised of eleven members appointed as follows:
     (a) Two members of the house of representatives, one from each major caucus, to be appointed by the speaker of the house of representatives;
     (b) Two members of the senate, one from each major caucus, to be appointed by the president of the senate;
     (c) Six members, to be appointed jointly by the speaker of the house of representatives and the president of the senate, from nominations submitted by the organizations representing the category of member:
     (i) Three members total, from the media, environmental interests, and the public at large; and
     (ii) Three members of the livestock industry; and
     (d) The director of the department of agriculture or the director's designee.
     (2) The attorney general shall appoint an attorney with expertise in federal and state privacy and disclosure laws to advise the task force.
     (3) The task force shall conduct a comprehensive review of the information that is required to be furnished or held by state or local governmental agencies. The task force shall develop recommendations, including recommended legislation, that delineates the information obtained from livestock operations that:
     (a) Should be made available to the general public upon request;
     (b) Should be made available to the public only upon a showing that it would serve a legitimate public purpose;
     (c) Should be retained as confidential because it is business information; or
     (d) Should be retained as confidential because its release would be detrimental to the security of the food supply or the livestock operation through potential damage of facilities or livestock, or the accidental or intentional introduction of deleterious substances or contagious diseases.
     (4) The task force shall also evaluate whether to require: Positive identification of the requestor; maintaining a record of those who submitted the request; notification of the livestock operator of the request for information about his or her operation; and a determination of the purpose of the information request before its release.
     (5) The task force members shall elect a chair and determine its operating procedures. The task force shall be jointly staffed by the office of program research and senate committee services as determined by their respective staff directors.
     (6) By December 15, 2005, the task force shall provide an interim report of its recommendations, including draft legislation to implement the recommendations, regarding documents produced to implement the livestock nutrient management program and coordination with federal authorities on emergency disease investigation and response information. By December 15, 2006, the task force shall provide a final report of its recommendations, including draft legislation to implement the recommendations, regarding documents produced to implement the livestock disease trace-forward and trace-back system. The reports shall be submitted to the chief clerk of the house of representatives and the secretary of the senate.
     (7) This section expires June 30, 2007.