S-686                 _______________________________________________

                                                   SENATE BILL NO. 5317

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators McCaslin and DeJarnatt

Read first time 1/20/89 and referred to Committee on   Law & Justice.

AN ACT Relating to public records disclosure; and amending RCW 42.17.260.

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

        Sec. 1.  Section 26, chapter 1, Laws of 1973 as last amended by section 3, chapter 403, Laws of 1987 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, unless the record falls within the specific exemptions of subsection (5) of this section, RCW 42.17.310, 42.17.315, or other statute which exempts or prohibits disclosure of specific information or records.  To the extent required to prevent an unreasonable invasion of personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency shall delete identifying details in a manner consistent with RCW 42.17.310 and 42.17.315 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;

          (c) Administrative staff manuals and instructions to staff that affect a member of the public;

          (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) 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)) by a rule adopted by that agency:  PROVIDED, HOWEVER, That 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)) 34.05 RCW.