BILL REQ. #: S-3645.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Ways & Means.
AN ACT Relating to the maintenance of privacy standards by eliminating the department of revenues' authorization to examine medical records; and amending RCW 82.32.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 82.32.110 and 1989 c 373 s 27 are each amended to read
as follows:
(1) The department of revenue or its duly authorized agent may
examine any books, papers, records (excluding medical records), or
other data, or stock of merchandise bearing upon the amount of any tax
payable or upon the correctness of any return, or for the purpose of
making a return where none has been made, or in order to ascertain
whether a return should be made; and may require the attendance of any
person at a time and place fixed in a summons served by any sheriff in
the same manner as a subpoena is served in a civil case, or served in
like manner by an agent of the department of revenue.
(2) The persons summoned may be required to testify and produce any
books, papers, records (excluding medical records), or data required by
the department with respect to any tax, or the liability of any person
therefor.
(3) The director of the department of revenue, or any duly
authorized agent thereof, ((shall have)) has power to administer an
oath to the person required to testify; and any person giving false
testimony after the administration of such oath ((shall be)) is guilty
of perjury in the first degree.
(4) If any person summoned as a witness before the department, or
its authorized agent, fails or refuses to obey the summons, or refuses
to testify or answer any material questions, or to produce any book,
record (excluding medical records), paper, or data when required to do
so, the person is subject to proceedings for contempt, and the
department ((shall thereupon)) must institute contempt of court
proceedings in the superior court of Thurston county or of the county
in which such person resides.