5435-S AMH KESS H3470.1

SSB 5435  - H AMD755
     By Representative Kessler

ADOPTED 04/12/2007

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   The legislature recognizes that public disclosure exemptions are enacted to meet objectives that are determined to be in the public interest. Given the changing nature of information technology and management, recordkeeping, and the increasing number of public disclosure exemptions, the legislature finds that periodic reviews of public disclosure exemptions are needed to determine if each exemption serves the public interest.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.56 RCW to read as follows:
     (1)(a) The public records exemptions accountability committee is created to review exemptions from public disclosure, with thirteen members as provided in this subsection.
     (i) The governor shall appoint two members, one of whom represents the governor and one of whom represents local government.
     (ii) The attorney general shall appoint two members, one of whom represents the attorney general and one of whom represents a statewide media association.
     (iii) The state auditor shall appoint one member.
     (iv) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
     (v) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
     (vi) The governor shall appoint four members of the public, with consideration given to diversity of viewpoint and geography.
     (b) The governor shall select the chair of the committee from among its membership.
     (c) Terms of the members shall be four years and shall be staggered, beginning August 1, 2007.
     (2) The purpose of the public records exemptions accountability committee is to review public disclosure exemptions and provide recommendations pursuant to subsection (7)(d) of this section. The committee shall develop and publish criteria for review of public exemptions.
     (3) All meetings of the committee shall be open to the public.
     (4) The committee must consider input from interested parties.
     (5) The office of the attorney general and the office of financial management shall provide staff support to the committee.
     (6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (7)(a) Beginning August 1, 2007, the code reviser shall provide the committee by August 1st of each year with a list of all public disclosure exemptions in the Revised Code of Washington.
     (b) The committee shall develop a schedule to accomplish a review of each public disclosure exemption. The committee shall publish the schedule and publish any revisions made to the schedule.
     (c) The chair shall convene an initial meeting of the committee by September 1, 2007. The committee shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the committee.
     (d) For each public disclosure exemption, the committee shall provide a recommendation as to whether the exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By November 15th of each year, the committee shall transmit its recommendations to the governor, the attorney general, and the appropriate committees of the house of representatives and the senate."

     Correct the title.

EFFECT:  Strikes the provisions of the current bill that creates a fifteen member Public Records Exemptions Accountability Committee. Creates the thirteen member Public Records Exemptions Accountability Committee. Establishes that the thirteen members of the Committee include: (1) Two members appointed by the Governor, one of whom represents the Governor and one of whom represents local government; (2) two members appointed by the Attorney General, one of whom represents the Attorney General and one of whom represents a statewide media association; (3) one member from each of the two largest caucuses of the Senate, appointed by the President of the Senate; (4) one member appointed by the State Auditor; (5) one member from each of the two largest caucuses of the House of Representatives, appointed by the Speaker of the House of Representatives; and (6) four members of the public, appointed by the Governor. Requires that the Governor select the chair of the Committee from among its membership. Requires that the Committee develop a schedule to review each public disclosure exemption. Requires that the Committee meet at least quarterly and provide the Governor, the Attorney General, and the Legislature with recommendations regarding the exemptions by November 15th of each year. Requires that the Committee develop and publish criteria for review of public exemptions. Establishes that the Office of the Attorney General and the Office of Financial Management provide staff support to the Committee. Provides for travel expenses of the Committee. Requires that the Code Reviser provide the Committee with a list of public disclosure exemptions by August 1st of each year. Removes the sunset review. Removes the State Archivist and the Director of Financial Management as members of the Committee.

--- END ---