AN ACT Relating to the commercial use of public records; amending RCW 42.17.260; and adding a new section to chapter 42.17 RCW.

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

Sec. 1. Section 26, chapter 1, Laws of 1973 as amended by section 14, chapter 294, Laws of 1975 1st ex. sess. and RCW 42.17.260 are each amended to read as follows:

(1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records. To the extent required to prevent an unreasonable invasion of personal privacy, an agency shall delete identifying details when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.

(2) Each agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

(3) An agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:

(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

(b) Make available for public inspection and copying all indexes maintained for agency use.

(4) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if‑-

(a) It has been indexed in an index available to the public; or

(b) Parties affected have timely notice (actual or constructive) of the terms thereof.

(5) (a) Except as provided in (b) of this subsection, this chapter shall not be construed as giving authority to any agency to give, sell or provide access to ((~~lists of individuals requested for commercial purposes, and agencies shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That~~)) any public record containing the name and address of an individual requested for the purpose of mailing or delivering any advertisement or offer for any property, prize, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value whenever such record is requested to benefit a profit-expecting activity.

(b) Lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.04 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:

(1) Any person who uses a public record for the purposes set forth in RCW 42.17.260(5)(a) shall be subject to a penalty of not more than fifty dollars for each individual's name contained in the public record and shall be liable to each person provided an advertisement or solicitation, without that person's prior consent, for the nuisance value of such person having to dispose of it, which value is established at five dollars for each item mailed or delivered. The commission may impose such penalties after a hearing conducted pursuant to RCW 42.17.395. The amount of the penalty levied for each name shall be such amount as the commission determines to be sufficient to remove the economic benefit accrued from the activity and to ensure that the activity will not likely reoccur.

(2) Any person receiving a public record containing the name and address of an individual shall take reasonable precautions designed to assure that the record is not used for the purposes set forth in RCW 42.17.260(5)(a). Where failure to take reasonable precautions results in the record being used for such purposes, then such person shall be independently liable for the penalties and damages under subsection (1) of this section.

(3) Agencies may provide, by adopting rules, for including fictitious names and addresses in public records containing names and addresses of individuals for the purpose of identifying possible violations of RCW 42.17.260(5).