BILL REQ. #:  H-0660.1 

Read first time 01/13/09.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to an agency's access to superior court for the purposes of the public disclosure act; and amending RCW 42.56.540.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 42.56.540 and 1992 c 139 s 7 are each amended to read as follows:
     The examination of any specific public record may be enjoined if, upon motion and affidavit by ((an agency or its representative or)) a person who is named in the record or to whom the record specifically pertains, the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. An agency has the option of notifying persons named in the record or to whom a record specifically pertains, that release of a record has been requested. However, this option does not exist where the agency is required by law to provide such notice.