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SENATE BILL 6615
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Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
Read first time 01/19/96.
Referred to Committee on Government Operations.
Protecting
certain business information.
AN
ACT Relating to protection of certain business information; amending RCW
34.05.370; and adding a new section to chapter 42.17 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 42.17 RCW to read as follows:
The
disclosure requirements of this chapter do not apply to information gathered
under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular
business.
Sec.
2. RCW
34.05.370 and 1995 c 403 s 801 are each amended to read as follows:
(1)
Each agency shall maintain an official rule-making file for each rule that it
(a) proposes by publication in the state register, or (b) adopts. The file and
materials incorporated by reference shall be available for public inspection.
(2)
The agency rule-making file shall contain all of the following:
(a)
Copies of all publications in the state register with respect to the rule or
the proceeding upon which the rule is based;
(b)
Copies of any portions of the agency's public rule-making docket containing
entries relating to the rule or the proceeding on which the rule is based;
(c)
All written petitions, requests, submissions, and comments received by the
agency and all other written material regarded by the agency as important to
adoption of the rule or the proceeding on which the rule is based;
(d)
Any official transcript of oral presentations made in the proceeding on which
the rule is based or, if not transcribed, any tape recording or stenographic
record of them, and any memorandum prepared by a presiding official summarizing
the contents of those presentations;
(e)
All petitions for exceptions to, amendment of, or repeal or suspension of, the
rule;
(f)
Citations to data, factual information, studies, or reports on which the agency
relies in the adoption of the rule, indicating where such data, factual
information, studies, or reports are available for review by the public, but
this subsection (2)(f) does not require the agency to include in the
rule-making file any data, factual information, studies, or reports gathered
pursuant to chapter 19.85 RCW or RCW 34.05.328 that can be identified to
a particular business;
(g)
The concise explanatory statement required by RCW 34.05.325(6); and
(h)
Any other material placed in the file by the agency.
(3)
Internal agency documents are exempt from inclusion in the rule-making file
under subsection (2) of this section to the extent they constitute preliminary
drafts, notes, recommendations, and intra-agency memoranda in which opinions
are expressed or policies formulated or recommended, except that a specific
document is not exempt from inclusion when it is publicly cited by an agency in
connection with its decision.
(4) Upon judicial review, the file required by this section
constitutes the official agency rule-making file with respect to that rule.
Unless otherwise required by another provision of law, the official agency rule-making
file need not be the exclusive basis for agency action on that rule.
