SENATE BILL REPORT

E2SHB 1019

As of February 25, 2004

Title: An act relating to protection of identification of persons who pay tolls electronically.

Brief Description: Protecting identification of persons who pay tolls electronically.

Sponsors: House Committee on State Government (originally sponsored by Representatives Nixon, Ruderman, Lantz, Woods and Upthegrove).

Brief History:

Committee Activity: Highways & Transportation: 2/25/04.

SENATE COMMITTEE ON HIGHWAYS & TRANSPORTATION

Staff: Dean Carlson (786-7305)

Background: The Department of Transportation plans to operate the Tacoma Narrows Bridge utilizing electronic toll collection technology as well as manual toll collection. Using that technology, frequent users of the bridge can keep a transponder in their car that records their use of the toll facility.

The open public records law was approved by state voters in 1972 as part of Initiative Measure Number 276. All public records of state agencies and local governments are open to public inspection and copying unless a record is expressly excluded by law.

One exemption from disclosure listed in statute is for personally identifying information of persons who acquire and use transit passes and other fare payment media except when the information is released by an agency to the news media when reporting on public transportation or public safety. It may also be disclosed to governmental agencies or groups concerned with public transportation or public safety.

Summary of Bill: The exemption of personal identifying information of persons who acquire and use transit passes and other fare payment media is broadened to include those who acquire and use a transponder or other technology for the payment of tolls. Information may be disclosed in aggregate form, including census tract data of account holders, as long as the data does not contain any personal identifying information, to governmental agencies or groups concerned with public transportation or public safety. Personal identifying information may be released to law enforcement agencies for toll enforcement purposes only; for any other purpose, a court order is required.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: Ninety days after adjournment of session in which bill is passed.