The Public Records Act and the Sunshine Committee.
The Public Records Act (PRA), enacted in 1972 as part of Initiative 276, requires all state and local government agencies to make all public records available for public inspection and copying unless certain statutory exemptions apply. Over 500 specific references in the PRA or other statutes remove certain information from application of the PRA, provide exceptions to the public disclosure and copying of certain information, or designate certain information confidential. The Public Records Exemption Accountability Committee, known as the Sunshine Committee, periodically reviews these exemptions and provides recommendations as to whether specific exemptions should be continued, modified, or terminated. The Sunshine Committee meets in public and considers input from interested parties. By November 15 of each year, the Sunshine Committee provides a report to the Governor, the Attorney General, and the Legislature with its annual recommendations.
Public Records Act Exemptions and Protected Information.
Long-Term Care Ombuds.
All records of the state Long-Term Care Ombuds relating to a complaint or investigation and the identities of complainants, witnesses, patients, or residents are confidential unless:
Grand Jury Reports.
When a grand jury issues an indictment, it may prepare a report that details its conclusions and recommendations. The report may only be released to the public if a majority of the superior court judges of the county court determine that certain conditions are met, including a requirement that the report's findings deal with matters of broad public policy affecting the public interest and do not identify or criticize any individual.
Archaeological Site Locations.
The location of an archaeological site or resource disclosed to the Department of Archaeology and Historic Preservation does not constitute a public record for purposes of public disclosure.
Blood Sample Analyses.
The state toxicologist analyzes blood samples to determine alcohol concentration and whether drugs or other toxic substances are present. This analysis is confidential but must be reported to the Washington State Patrol (WSP) and made available to the appropriate prosecuting attorney or law enforcement agency.
Accident Reports.
All accident reports and supplemental reports are confidential. However, a law enforcement officer must disclose certain information related to the accident, including the names of witnesses and drivers involved, vehicle information, and incident time and location, to any individual who has a proper interest.
Department of Social and Health Services and Department of Children, Youth, and Families Records.
The Department of Social and Health Services and the Department of Children, Youth, and Families administer a program for the custody, care, and rehabilitation of all individuals who may be committed or admitted to facilities under each department's control. Each department must analyze and tabulate data and statistics on children with behavior problems, including the extent, kind, and causes of such behavior problems in different areas and population centers of the state. These records are exempt from public disclosure but are open to inspection by the Governor and Washington superior court judges.
Department of Financial Institution Investigations.
Unless disclosure is necessary for an investigation, no employee of the Department of Financial Institutions (DFI) may disclose:
Office of Financial Management Efficiency Surveys.
The Office of Financial Management is required to submit to the Governor a confidential efficiency survey report for each state department and institution. The report must evaluate administrative and business methods, physical needs, and industrial activities, and make recommendations.
Birthing Center Information.
Public disclosure of information received by the Department of Health concerning birthing centers, including filed reports and inspections, is prohibited. Disclosure is permitted in a proceeding involving the question of licensure.
Nonprofit Interrogatories.
The Office of the Secretary of State (OSOS) may send interrogatories to any corporation to ascertain whether the corporation has complied with the Nonprofit Miscellaneous and Mutual Corporations Act. The interrogatories and answers to the interrogatories are confidential and exempt from public disclosure. The OSOS may not disclose any facts obtained from the interrogatory unless the Secretary of State's official duties require public disclosure or the interrogatories or answers are required as evidence in a criminal proceeding.
Family Court Proceedings.
The court in which a family court proceeding is pending may close the files of the proceeding if the court deems that publication would be contrary to public policy or morals or injurious to the interests of children.
Long-Term Care Ombuds.
The Office of the Long-Term Care Ombuds must establish procedures for disclosure that comply with federal requirements for disclosure by state long-term care ombudsman programs. Procedures must provide for the exercise of discretion that favors disclosure.
Grand Jury Reports.
The requirement that a grand jury's report not identify or criticize any individual to be available for public disclosure is eliminated.
Archaeological Site Locations.
The location of an archaeological site or resource disclosed to the Department of Archaeology and Historic Preservation constitutes a public record but is exempt from public disclosure.
Blood Sample Analyses.
The state toxicologist's blood sample analyses are no longer confidential.
Accident Reports.
Accident reports and supplemental reports may be disclosed if all personally identifying information, including names, addresses, license plate numbers, driver's license numbers, photos, and social security numbers, of individuals involved in the accident are redacted.
Department of Social and Health Services and Department of Children, Youth, and Families Records.
The analyses and data on children with behavior problems from the Department of Social and Health Services and the Department of Children, Youth, and Families are open to public disclosure.
Department of Financial Institution Investigations.
The requirement that no employee of the Department of Financial Institutions disclose any non-public information or information related to an investigation is eliminated.
Office of Financial Management Efficiency Surveys.
Efficiency survey reports created by the Office of Financial Management are no longer confidential.
Birthing Center Information.
Disclosure of information received by the Department of Health concerning birthing centers is no longer prohibited.
Nonprofit Interrogatories.
Interrogatories, and the answers to those, sent by the Office of the Secretary of State to ascertain whether a corporation has complied with the Nonprofit Miscellaneous and Mutual Corporation Act are not exempt from public disclosure.
Family Court Proceedings.
The authority of a court to close the files of a family court proceeding if the court deems that publication would be contrary to public policy or morals or injurious to the interests of children is eliminated.
(In support) As additional information is exempted from the Public Records Act, it is appropriate to consider whether existing exemptions are still relevant. This bill incorporates the recommendations of the Sunshine Committee (Committee) made over the last few years. The Committee is a group of volunteers with diverse views. All recommendations were considered at public hearings and passed by consensus of the Committee. The Committee is very careful with its recommendations. The recommendations balance personal privacy rights and the public's ability to access records. It has been several years since any of the Committee's recommendations were taken up by the Legislature. Enacting some of the Committee's recommendations would restore public confidence in the Committee's ability to accomplish its legislative directive. Many of the recommendations involve exemptions that are outdated. If there are issues with any of the sections, the Committee prefers that the sections be removed rather than modified. We need to know how money is spent in higher education and what conditions are being put on grants.
(Opposed) Some donors to universities want their names on their donation, while others want to remain anonymous. Some donations are only given because the donor is allowed to have anonymity. Requiring disclosure of donor names would have a chilling effect on donations.
(In support) Representative Sharlett Mena, prime sponsor; Katherine George; Joe Kunzler, Private Citizen; Linda Krese, Not official rep, but am a past chair of the Pub. Records Exemptions Accountability Comm.; and Rowland Thompson, Public Records Exemptions Accountability Committee (Sunshine Committee).
(Opposed) Connor Haggerty, Washington State University.