HB 1538 — Concerning sunshine committee recommendations.

H-1913.1SUBSTITUTEH-1004.1HOUSE HOUSE BILL 1538State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentative StateSpringerRead Governmentfirst &time Tribal01/23/19.Referred Relationsto (originallyCommittee sponsoredon byState RepresentativeGovernment Springer)READ& FIRSTTribal TIMERelations.AN 02/22/19.AN ACT Relating to sunshine committee recommendations;

RCW 42.56.270 and 2018 c 201 s 8008, 2018 c 196 s 21, and 2018 c 4 s 9 are each reenacted and amended to read as follows:(1) The following financial, commercial, and proprietary information is exempt from disclosure under this chapter, as long as the information is clearly marked as confidential and accompanied by a particularized explanation of expected harm from disclosure at the time of submission,submission subjector tothe subsectionagency (2)determines that disclosure of thisthe section:(((1)))(a)information is substantially likely to cause public or private loss or unfair private gain:(((1)))(a) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;(((2)))(b) 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)))(i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (((b)))(ii) highway construction or improvement as required by RCW 47.28.070;(((3)))(c) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;(((4)))(d) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;(((5)))(e) 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;(((6)))(f) 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;(((7)))(g) Financial and valuable trade information under RCW 51.36.120;(((8)))(h) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;(((9)))(i) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;(((10)(a)))(j)(i) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), marijuana producer, processor, or retailer license, liquor license, gambling license, or lottery retail license;(((b)))(ii) Internal control documents, independent auditors' reports and financial statements, and supporting documents:

((and))(cc)((and(29)))(cc) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the Andy Hill cancer research endowment program in applications for, or delivery of, grants under chapter 43.348 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;

((and))(dd)((and(30)))(dd) Proprietary information filed with the department of health under chapter 69.48 RCW;

and(ee) Trade secrets as defined in RCW 19.108.010.(2)(a)19.108.010.(2) IfIn anany agencyaction receives a request for information under subsectionRCW (1)42.56.540 ofto thisenjoin sectiondisclosure that is not clearly marked as confidential and accompanied by a particularized explanation of expectedfinancial, harmcommercial, fromor disclosure,proprietary the agency must notify the subject of the information ofpursuant theto requestthis withinsection, five business days of receiving the request.(b)court Themay timeaward thatattorneys' anfees agency has to respondany todefendant, including a requestrequester foror informationagency, underto RCWthe 42.56.520extent isthat suspended until twenty business days after the agencydefendant sendsprevailed noticein toopposing thean subjectinjunction.NEW ofSECTION.  Sec. the information.

The agency shall notify the requester of the need to notify third parties affected by the request.(c) If the subject of the information provides the agency with a written statement of the need to keep the information confidential, including a particularized explanation of expected harm from disclosure, within fifteen business days after the agency sends notice to the subject of the information, the information is exempt from disclosure.

If the agency does not receive such a statement from the subject of the information, the information must be disclosed.(d) If the requester initiates an action to compel disclosure under this chapter, the subject of the information must be joined as a party to demonstrate the need for confidentiality.(3) In any action under RCW 42.56.540 to enjoin disclosure of financial, commercial, or proprietary information pursuant to this section, the court may award attorneys' fees to any defendant, including a requester or agency, to the extent that the defendant prevailed in opposing an injunction.NEW SECTION.  Sec.