_______________________________________________
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.
Passed
the Senate February 10, 1996.
Passed
the House February 28, 1996.
Approved by the Governor March 15, 1996.
Filed in
Office of Secretary of State March 15, 1996.
