SUBSTITUTE SENATE BILL NO. 6880


                                                            AS AMENDED BY THE HOUSE


                                                                            C 256 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By Senate Committee on Governmental Operations (originally sponsored by Senators Rinehart, McCaslin and Niemi)



Read first time 2/2/90.



AN ACT Relating to the disclosure of business and residential locations by state agencies and local agencies; amending RCW 42.17.311; and reenacting and amending RCW 42.17.310.




        Sec. 1.  Section 12, chapter 11, Laws of 1989, section 3, chapter 189, Laws of 1989, section 20, chapter 205, Laws of 1989, section 1, chapter 238, Laws of 1989, section 23, chapter 279, Laws of 1989, section 7, chapter 352, Laws of 1989, and section 407, chapter 9, Laws of 1989 1st ex. sess. and RCW 42.17.310 are each reenacted and amended to read as follows:

          (1) The following are exempt from public inspection and copying:

          (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

          (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

          (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

          (d) 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.

          (e) Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property.  If at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall govern.  However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

          (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

          (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

          (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

          (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

          (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

          (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

          (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

          (m) 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.

          (n) Railroad company contracts filed with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

          (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW  and chapter 53.31 RCW.

          (p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

          (q) 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.

          (r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapter 43.163 RCW  and chapters 43.31, 43.63A, and 43.168 RCW.

          (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

          (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

          (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

          (v) 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.

          (w) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

          (x) Information obtained by the board of pharmacy and its representatives as provided in RCW 69.41.044 and 69.41.280.

          (y) 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.

          (z) 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.

          (aa) Financial and valuable trade information under RCW 51.36.120.

          (bb) The work and home addresses, other than the city of residence, of a person shall remain undisclosed or be omitted from all documents made available for public review if that person requests in writing, under oath, that these addresses be kept private because disclosure would endanger his or her life, physical safety, or property.  This provision does not in any way restrict the sharing or collection of information by state and local governmental agencies required for the daily administration of their duties.  The secretary of state shall administer this provision and establish the procedures and rules that are necessary for its operation.  An agency that has not been furnished with a request for confidentiality of address information is not liable for damages resulting from its disclosure of the information.  For purpose of service of process, the secretary of state shall serve as agent for each person who submits a request under this subsection.  A request shall be of no force or effect if the requester does not include a statement, along with or part of the request, designating the secretary of state as agent of the requester for purposes of service of process.

          (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought.  No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

          (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

          (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.


        Sec. 2.  Section 3, chapter 404, Laws of 1987 and RCW 42.17.311 are each amended to read as follows:

          Nothing in RCW 42.17.310(1) (((q))) (t) through (((s))) (v) and (bb) shall affect a positive duty of an agency to disclose or a positive duty to withhold information which duty to disclose or withhold is contained in any other law.

                                                                                                                           Passed the Senate March 6, 1990.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House March 2, 1990.


                                                                                                                                         Speaker of the House.