BILL REQ. #:  S-1188.1 

Read first time 02/04/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to the immunity of unincorporated area councils and their volunteers from lawsuits under the public records act; amending RCW 42.56.010 and 42.56.010; adding a new section to chapter 42.56 RCW; creating a new section; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that citizen participation is an essential element of representative government, and that encouraging volunteer efforts to engage citizens' voices in local decision making processes enhances the efficiency and effectiveness of government's role. The legislature further finds that citizen volunteers should be valued as partners in conducting business of government. The legislature, therefore, intends to clarify that the public records act was not intended to be a tool to be misused to discourage volunteerism through lawsuits, threats of lawsuits, or any form of harassment.

Sec. 2   RCW 42.56.010 and 2007 c 197 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1)(a) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
     (b) Unincorporated area councils and their volunteer members are neither state nor local agencies.
     (2) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
     (3) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

Sec. 3   RCW 42.56.010 and 2010 c 204 s 1005 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1)(a) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
     (b) Unincorporated area councils and their volunteer members are neither state nor local agencies.
     (2) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.
     (3) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
     (4) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

NEW SECTION.  Sec. 4   A new section is added to chapter 42.56 RCW to read as follows:
     Unincorporated area councils and their volunteer members are immune from lawsuits under this chapter.

NEW SECTION.  Sec. 5   Section 2 of this act expires January 1, 2012.

NEW SECTION.  Sec. 6   Section 3 of this act takes effect January 1, 2012.