FINAL BILL REPORT

ESHB 1980

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

PARTIAL VETO

C 224 L 15

Synopsis as Enacted

Brief Description: Implementing recommendations of the sunshine committee.

Sponsors: House Committee on State Government (originally sponsored by Representative Springer).

House Committee on State Government

Senate Committee on Government Operations & Security

Background:

Public Records Act.

The Public Records Act (PRA) requires state and local agencies to make their written records available to the public for inspection and copying upon request, unless the information fits into one of the various specific exemptions in the PRA or otherwise provided in law. The stated policy of the PRA favors disclosure and requires narrow application of the listed exemptions.

Financial Information. An exemption exists for records containing certain kinds of personal information, including financial account information. This exemption includes credit, debit, and check numbers and other bank or financial account numbers.

Law Enforcement, Investigation, and Crime Victims. Certain investigative, law enforcement, and crime victim information is exempt from disclosure, including information in a statewide gang database maintained by the Washington State Patrol.

Transportation. Certain information in records regarding transportation is exempt from disclosure. Such information includes individually identifying information in records related to a ride-sharing program, such as a vanpool or carpool. However, names, addresses, telephone numbers, and other identifying information may be given to persons who apply for ride-sharing services in order to identify potential riders.

Personal information related to transit passes or fare payment, such as payment cards, are exempt from disclosure. However, an agency may disclose such information to an employer or other party responsible for paying the transit costs for the purpose of preventing fraud. An agency also may provide such personal information to the news media when reporting on transportation or public safety.

Guardian Ad Litem. A court may appoint a guardian ad litem (GAL) to assist a child who is the subject of a child welfare case. If available, the court will make an appointment from a GAL program.

A GAL program must maintain background information records for each GAL in the program. The background information must include education, experience, and training related to GAL services. The records also must contain the GAL's criminal history as well as the results of state and national criminal identification data, including background checks allowed through the state Criminal Records Privacy Act, the State Patrol criminal identification system, and the Federal Bureau of Investigation (FBI). Upon appointment to a child welfare case, the GAL must provide a copy of his or her background information record to the parties and their attorneys, except that the results of the criminal background check may not be disclosed.

Pollution Liability Insurance Program.

Public disclosure is not allowed for examination and proprietary reports and information obtained through the Washington Pollution Liability Insurance Program (PLIP) related to soliciting bids from insurers and in monitoring the insurer. Examination reports prepared by or for the PLIP may be provided to the state insurance commissioner and other specified organizations.

Enhanced 911 Communication and Notification Systems.

The state and counties implement and coordinate enhanced 911 communications systems so that 911 emergency response services are available throughout the state. Agencies have access to private addresses and telephone numbers used in the 911 emergency communications systems.

As the state implements the next generation 911 system, people will have the ability to voluntarily submit personal information in communication systems so that it will be accessible to responders through the 911 service. Also, the state and local governments may collect information to include in emergency notification systems that allow for broad dissemination of notice during a community emergency event.

Summary:

Public Records Act.

Personal Financial Information. Financial information, as defined for purposes of identity crimes, is exempt from disclosure. Such information includes information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit. Specifically, this includes:

Law Enforcement, Investigation, and Crime Victims. Local or regionally maintained gang databases are exempt from disclosure.

Transportation. The personal information of participants in a ride-share program is not subject to disclosure, except for the participant's name, general location, and points of contact. The permission to provide personal information regarding transit passes or fare payment to the news media is eliminated.

Guardian Ad Litem - Background Information. A GAL appointed in a child welfare case must provide to parties and attorneys his or her background information record containing the results of the State Patrol criminal identification system. The criminal history from the FBI may not be disclosed.

Enhanced 911 Communication and Notification Systems. Voluntarily submitted information contained in a database for enhanced 911 emergency communication systems is exempt from disclosure when the information is included in the database for purposes of displaying when a person makes a call to the 911 service.

The exemption for information contained in emergency communications systems does not prohibit disclosure for:

Information contained or used in emergency notifications systems is exempt from disclosure. The exemption for such information contained or used in emergency notifications systems does not prohibit disclosure for:

Pollution Liability Insurance Program.

Examination and proprietary reports obtained by the PLIP are no longer exempt from disclosure.

Votes on Final Passage:

House

89

9

Senate

44

0

(Senate amended)

House

87

11

(House concurred)

Effective:

July 24, 2015

Partial Veto Summary: The Governor vetoed the section requiring disclosure of GAL state criminal background information.