Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government Committee

HB 2604

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.

Brief Description: Concerning disclosure of financial, commercial, and proprietary information of employees of private employers.

Sponsors: Representatives Kuderer, Goodman, Johnson, Wilcox, Morris, Hudgins, MacEwen and Wilson.

Brief Summary of Bill

  • Exempts from public disclosure criminal background checks of private employees, as well as the employee's personally identifiable information associated with criminal background checks.

Hearing Date: 1/28/16

Staff: Sean Flynn (786-7124).

Background:

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.

The PRA exempts certain sensitive information relating to financial, proprietary, and commercial interests provided by a business or other private interest. The exemption includes a business's unique proprietary data and trade secrets related to methods of conducting business or product and services data. The exemption also applies to proprietary information related to rates of service charged for the development of state purchased health care.

Summary of Bill:

Proprietary data exempt from public disclosure includes criminal background checks of employees of private employers, and personally identifiable information associated with requests for criminal background checks.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.