SSB 5435

SENATE BILL REPORT
SSB 5435

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to the public records exemptions accountability committee.

Brief Description: Creating the public records exemptions accountability committee.

Sponsors: Senate Committee on Government Operations & Elections (originally sponsored by Senators Kauffman, Pflug, Swecker and Keiser; by request of Attorney General).

Committee Activity: Government Operations & Elections: 1/29/07, 2/05/07 [DPS].

Majority Report: That Substitute Senate Bill No. 5435 be substituted therefor, and the substitute bill do pass.Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach, Ranking Minority Member; Kline, Pridemore and Swecker.

Background: In 1972, Washington voters approved the Public Disclosure Act by initiative. At the time of approval, the Act contained 10 exemptions from disclosure. As of 2006, there are approximately 300 exemptions.

Currently, there is no formal process of review for exemptions once they are passed into law.

Summary of Substitute Bill: The Public Records Exemption Accountability Committee (Committee) is created. The 15 member Committee is charged with reviewing all exemptions from public disclosure.

Members must include one representative appointed by the Governor, four members of the public, a representative of local government, and four members of the Legislature.

The Committee must meet no later than September 1, 2007, and each year following, to discuss the exemptions and recommend the repeal or amendment of any exemption.

By January 1, 2008, and each year following, the Committee must transmit its recommendations to the appropriate committees of the Legislature.

By August 1, 2007, and each year following, the code reviser must provide the Committee with a list of all exemptions from public disclosure.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: There is a need for more open and transparent government. There is a concern that our government is getting away from the intent behind the Public Disclosure Act. In 1972, there were 10 exemptions to the Act. Currently, there are over 300 exemptions. The fact that this advisory committee has a place for four citizen members is a good idea. Everyday citizens need a voice in this process because most records requests come from citizens. A sunset provision is a good idea but perhaps this committee needs to be permanent. With 300 exemptions currently on the books, and 10 - 12 more added every year, this may be an ongoing project.

OTHER: There are a finite number of exemptions on the books. This legislation would be improved with a sunset provision. All of the exemptions in law were created for a specific reason with input from members and citizens. The committee needs to allow for testimony and input from the public. There is no committee process addressed in the bill.

Persons Testifying: PRO: Stuart L. Neiman, citizen; Greg Overstreet, Office of the Attorney General; Rowland Thompson, Allied Daily Newspapers.

OTHER: Victoria Lincoln, Association of Washington Cities; Pat Jones, Washington Public Ports Association.

House Amendment(s): Strikes the provisions of the current bill that creates a 15-member Public Records Exemptions Accountability Committee. Creates a 13-member Public Records Exemptions Accountability Committee. Establishes that the Office of the Attorney General and the Office of Financial Management provide staff support to the Committee. Requires that the Governor select the Chair of the Committee. Provides for travel expenses of the Committee members. Committee members serve a four year term. Removes the sunset review. Removes the State Archivist and the Director of Financial Management as members of the Committee.