HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1042

Exempting certain computer software

from public inspection

Brief Title                              Hearing Date: 1/27/99

Reps. Dunn and Wolfe                     Staff:  Scott MacColl

Sponsor(s)                          State Government Committee

                                              Phone:  786-7106

BACKGROUND:

The Open Public Records Act is part of the public disclosure law, makes all public documents subject to release by request.  Numerous exemptions to the public disclosure requirement are codified in statute.  Some exemptions relate to records containing personal information and proprietary business information.  State and local governments are required to make records not specifically included within a statutory exemption available for public inspection and copying.

Current statute exempts valuable formulae, designs, drawings, and research data obtained by an agency for five years when the request for disclosure would produce private gain and public loss.  Computer software is not specifically exempted in the current statute.  

SUMMARY:

A new exemption is added to the public disclosure requirements.

An agency=s computer software is specifically exempted from public inspection and copying within five years of the request for disclosure when disclosure would produce private gain and public loss.  The exemption applies to computer source code or object code, which are the main components of a computer software program. 

Records accessible through the computer software program are not included within the exemption and are subject to public disclosure unless otherwise exempt.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.