BILL REQ. #:  S-0376.1 

Read first time 01/20/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to implementing the nonunanimous recommendations of the public records exemptions accountability committee; amending RCW 42.56.250 and 42.56.330; and adding a new section to chapter 42.56 RCW.

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

Sec. 1   RCW 42.56.250 and 2006 c 209 s 6 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, subject to the following exceptions:
     (a) Applications for the highest management position in a public agency, county, or local government department with confidential reference information removed or redacted is not exempt from inspection and copying; and
     (b) Application materials not exempt from inspection and copying must be available to the public after the finalists are selected, but before the agency, county, or local government makes its decision;
     (3) The residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents 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. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240;
     (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).
     For the purposes of this section, "employment" does not include service on boards or commissions where the individual does not receive pay or benefits, even if that individual may receive minimal reimbursement or stipend for expenses.

Sec. 2   RCW 42.56.330 and 2008 c 200 s 6 are each amended to read as follows:
     The following information relating to public utilities and transportation is exempt from disclosure under this chapter:
     (1) 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;
     (2) 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;
     (3)(a) 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)). Participants' names, general locations, and email addresses 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;
     (b) Participants concerned about personal safety may request that their information not be released to individuals they identify;
     (c) No civil liability may be imposed by any court on any public entity or agency or its officers or employees under this subsection for erroneously releasing a participant's information, except upon proof of willful or wanton misconduct;
     (4) 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;
     (5) 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));
     (6) Any information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information is obtained. As used in this subsection, "motor carrier" has the same definition as provided in RCW 81.80.010;
     (7) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and
     (8) The personally identifying information of persons who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.

NEW SECTION.  Sec. 3   A new section is added to chapter 42.56 RCW to read as follows:
     (1) Records reflecting communications transmitted in confidence between a public official, representative, or employee of a public agency acting in the performance of his or her duties and an attorney serving in the capacity of legal advisor for the purpose of rendering or obtaining legal advice, and records prepared by the attorney or a public official, representative, or employee of a public agency in furtherance of the request for or rendition of legal advice, are exempt from inspection and copying under this chapter pursuant to the attorney-client privilege.
     (2) Records are not exempt from inspection and copying under this section merely because they reflect communications in meetings where legal counsel was present or because a record or copy of a record was provided to legal counsel, if the elements of subsection (1) of this section are not met.
     (3) If an agency elects to produce a record that would otherwise be protected by the attorney-client privilege, any privilege is waived only as to the record produced. The production shall not waive the privilege as to the subject matter addressed in the produced record or as to any other record.
     (4) Nothing in this section changes the applicability of the privilege set forth in RCW 5.60.060(2) to public agencies, nor its scope when claimed by a public agency.