AN ACT Relating to the
costs of copying public records; amending RCW 42.17.260 and 42.17.300; and
adding a new section to chapter 42.17 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 42.17.260 and 1992 c
139 s 3 are each amended to read as follows:
(1) Each agency, in
accordance with published rules, shall make available for public inspection and
copying all public records, unless the record falls within the specific
exemptions of subsection (6) of this section, RCW 42.17.310, 42.17.315, or
other statute which exempts or prohibits disclosure of specific information or
records. To the extent required to prevent an unreasonable invasion of
personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency
shall delete identifying details in a manner consistent with RCW 42.17.310 and
42.17.315 when it makes available or publishes any public record; however, in
each case, the justification for the deletion shall be explained fully in
writing.
(2) For informational
purposes, each agency shall publish and maintain a current list containing
every law, other than those listed in this chapter, that the agency believes
exempts or prohibits disclosure of specific information or records of the
agency. An agency's failure to list an exemption shall not affect the efficacy
of any exemption.
(3) Each local agency
shall maintain and make available for public inspection and copying a current
index providing identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973:
(a) Final opinions,
including concurring and dissenting opinions, as well as orders, made in the
adjudication of cases;
(b) Those statements of
policy and interpretations of policy, statute, and the Constitution which have
been adopted by the agency;
(c) Administrative
staff manuals and instructions to staff that affect a member of the public;
(d) Planning policies
and goals, and interim and final planning decisions;
(e) Factual staff
reports and studies, factual consultant's reports and studies, scientific
reports and studies, and any other factual information derived from tests,
studies, reports, or surveys, whether conducted by public employees or others;
and
(f) Correspondence, and
materials referred to therein, by and with the agency relating to any
regulatory, supervisory, or enforcement responsibilities of the agency, whereby
the agency determines, or opines upon, or is asked to determine or opine upon,
the rights of the state, the public, a subdivision of state government, or of
any private party.
(4) A local agency need
not maintain such an index, if to do so would be unduly burdensome, but it
shall in that event:
(a) Issue and publish a
formal order specifying the reasons why and the extent to which compliance
would unduly burden or interfere with agency operations; and
(b) Make available for
public inspection and copying all indexes maintained for agency use.
(5) Each state agency
shall, by rule, establish and implement a system of indexing for the
identification and location of the following records:
(a) All records issued
before July 1, 1990, for which the agency has maintained an index;
(b) Final orders
entered after June 30, 1990, that are issued in adjudicative proceedings as
defined in RCW 34.05.010(1) and that contain an analysis or decision of
substantial importance to the agency in carrying out its duties;
(c) Declaratory orders
entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that
contain an analysis or decision of substantial importance to the agency in
carrying out its duties;
(d) Interpretive
statements as defined in RCW 34.05.010(8) that were entered after June 30,
1990; and
(e) Policy statements
as defined in RCW 34.05.010(14) that were entered after June 30, 1990.
Rules establishing systems
of indexing shall include, but not be limited to, requirements for the form and
content of the index, its location and availability to the public, and the
schedule for revising or updating the index. State agencies that have
maintained indexes for records issued before July 1, 1990, shall continue to
make such indexes available for public inspection and copying. Information in
such indexes may be incorporated into indexes prepared pursuant to this
subsection. State agencies may satisfy the requirements of this subsection by
making available to the public indexes prepared by other parties but actually
used by the agency in its operations. State agencies shall make indexes
available for public inspection and copying. State agencies may charge a fee
to cover the actual costs of providing individual mailed copies of indexes.
(6) A public record may
be relied on, used, or cited as precedent by an agency against a party other
than an agency and it may be invoked by the agency for any other purpose only
ifC
(a) It has been indexed
in an index available to the public; or
(b) Parties affected
have timely notice (actual or constructive) of the terms thereof.
(7) Each agency
shall establish, maintain, and make available for public inspection and copying
a statement of the actual per page cost or other costs, if any, that it charges
for providing photocopies of public records and a statement of the factors and
manner used to determine the actual per page cost or other costs, if any.
(a) In determining
the actual per page cost for providing photocopies of public records, an agency
may include all costs directly incident to copying such public records
including the actual cost of the paper and the per page cost for use of agency
copying equipment. In determining other actual costs for providing photocopies
of public records, an agency may include all costs directly incident to
shipping such public records, including the cost of postage or delivery charges
and the cost of any container or envelope used.
(b) In determining
the actual per page cost or other costs for providing copies of public records,
an agency may not include staff salaries, benefits, or other general
administrative or overhead charges, unless those costs are directly related to
the actual cost of copying the public records. Staff time to copy and mail the
requested public records may be included in an agency's costs.
(8) An agency need
not calculate the actual per page cost or other costs it charges for providing
photocopies of public records if to do so would be unduly burdensome, but in
that event: The agency may not charge in excess of fifteen cents per page for
photocopies of public records or for the use of agency equipment to photocopy
public records and the actual postage or delivery charge and the cost of any
container or envelope used to mail the public records to the requestor.
(9) This chapter
shall not be construed as giving authority to any agency to give, sell or
provide access to lists of individuals requested for commercial purposes, and
agencies shall not do so unless specifically authorized or directed by law:
PROVIDED, HOWEVER, That lists of applicants for professional licenses and of
professional licensees shall be made available to those professional
associations or educational organizations recognized by their professional
licensing or examination board, upon payment of a reasonable charge therefor:
PROVIDED FURTHER, That such recognition may be refused only for a good cause
pursuant to a hearing under the provisions of chapter 34.05 RCW, the
Administrative Procedure Act.
Sec. 2. RCW 42.17.300 and 1973 c
1 s 30 are each amended to read as follows:
No fee shall be charged
for the inspection of public records. No fee shall be charged for locating
public documents and making them available for copying. Agencies may
impose a reasonable charge for providing copies of public records and for the
use by any person of agency equipment to copy public records, which charges
shall not exceed the amount necessary to reimburse the agency for its actual
costs directly incident to such copying. Agency charges for
photocopies shall be imposed in accordance with the actual per page cost or
other costs established and published by the agency. In no event may an agency
charge a per page cost greater than the actual per page cost as established and
published by the agency. To the extent the agency has not determined the
actual per page cost for photocopies of public records, the agency may not
charge in excess of fifteen cents per page.
NEW SECTION. Sec.
3. A new section is added
to chapter 42.17 RCW under the subchapter heading "public records" to
read as follows:
The provisions of RCW
42.17.260 (7) and (8) and 42.17.300 that establish or allow agencies to
establish the costs charged for photocopies of public records do not supersede
other statutory provisions, other than in this chapter, authorizing or
governing fees for copying public records.
