BILL REQ. #:  H-3060.4 

Read first time 01/23/14.   Referred to Committee on Government Operations & Elections.

     BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:
     WHEREAS, Access to the information held and used by governments is vital for an informed public to exercise its political power;
     WHEREAS, The people of this state do not yield their sovereignty to the agencies that serve them;
     WHEREAS, The people insist on remaining informed so that they may maintain control over the instruments that they have created; and
     WHEREAS, Providing public access to public records and information, and governing openly, are core functions of all governmental bodies.
     THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, amendments to Article I and Article II of the Constitution of the state of Washington by adding new sections and an amendment to Article II section 11 of the state of Washington to read as follows:

     Article I, section . . .. (1) The people have the right of access to records concerning the conduct of the people's business by the executive department and all legal subdivisions of the state.
     (2) A statute, court rule, or other authority must be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the people's right of access.
     (3) Any statute, court rule, or other authority that limits the people's right of access to information held by any branch of government must be necessary to fulfill a compelling government purpose, including but not limited to protecting individual privacy or the rights of a criminal defendant.
     (4) A statute, court rule, or other authority that limits the people's right of access, if adopted after the effective date of this section, must include findings demonstrating the compelling government purpose that necessitates adoption of the limitation.

     Article II, section 11. Each house shall keep a journal of its proceedings and publish the same((, except such parts as require secrecy)). The doors of each house shall be kept open((, except when the public welfare shall require secrecy)). Neither house shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other.

     Article II, section . . .. The legislative powers include the power of the legislature and the people to ensure that the executive department is administered openly. No record in the possession of the executive department is presumptively privileged from disclosure to the legislature and the people.

     Article II, section . . .. Nothing in this article creates a privilege for nondisclosure of records of the legislature regarding conduct of public business.

     BE IT FURTHER RESOLVED, That this amendment is a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.
     The legislature finds that the changes contained in this amendment constitute a single integrated plan for ensuring the people's right of access to government records.

     BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.