BILL REQ. #:  H-0156.1 

Read first time 01/19/09.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to court protection of public records; 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:
     (1) 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.
     (2)(a) The examination and disclosure of any 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 request specifically pertains, the court finds that the request, or series of requests, was made for the purpose of harassing the agency, its employees, the person who is named in the record, or the person to whom the request specifically pertains.
     (b) To determine whether a request or series of requests was made for the purpose of harassment, the court may consider all relevant factors, including, but not limited to:
     (i) Any prior requests by the same requestor;
     (ii) The types of records sought by the requestor;
     (iii) Any statements by the requestor concerning the purpose for the request or series of requests;
     (iv) Whether the request or series of requests would substantially damage any person, or would substantially damage vital governmental functions; and
     (v) Whether the request or series of requests seeks the production of a significant and burdensome number of documents, except that the repetitious nature of a request, without more, is not a sufficient basis for an injunction.
     (c) The action shall be filed in the superior court for the county in which the record is maintained or in the Thurston county superior court, and may be a summary proceeding based upon affidavits or declarations, unless the court orders otherwise.
     (d) The court may order that all or any part of the request, or requests, shall be enjoined. The court may retain jurisdiction for future requests by the same requestor for such period as the court deems reasonable.
     (e) The time period between a request to enjoin access to a public record under this section and the court's ruling on that request is exempt from penalty, attorneys' fees, or calculation of a daily fine under RCW 42.56.550.
     (3) As used in this section, "harassment" means requesting public documents with the intent to cause an interruption or impairment of government services or with the intent of annoying, tormenting, or terrorizing any current or former government employee.