WSR 00-19-121

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed September 20, 2000, 11:59 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-137.

Title of Rule: WAC 390-13-010 Optional format for requests for lists of individuals.

Purpose: To eliminate the hold harmless agreement in subsection (7).

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.260.

Summary: The current rule provides for an optional format for affidavits from persons making requests for public records containing lists of individuals. The sample affidavit contains a provision regarding hold harmless agreements. This rule amendment would eliminate the hold harmless agreement.

Reasons Supporting Proposal: Attorney General Opinion 1988 No. 12 provides that a public agency may not seek a hold harmless agreement from a requester of public records.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 664-8853.

Name of Proponent: Public Disclosure Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule amendment would eliminate subsection (7) of the optional format for requests for lists of individuals. This rule would be consistent with AGO 1988 No. 12.

Proposal Changes the Following Existing Rules: This rule amendment would eliminate the hold harmless agreement section in the optional format for requests for lists of individuals.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of this rule does not impact small businesses. It only applies to state agencies that provide lists of individuals.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not an agency listed in subsection (5)(a)(i) of section 201. Further, the Public Disclosure Commission does not voluntarily make section 201 applicable to this rule adoption pursuant to subsection (5)(a)(ii) of section 201, and to date the Joint Administrative Rules Review Committee has not made section 201 applicable to this rule adoption.

Hearing Location: Commission Hearing Room, Evergreen Plaza Building, 711 Capitol Way, Room 206, Olympia, WA, on October 24, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Ruthann Bryant, (360) 753-1111.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112, by October 20, 2000.

Date of Intended Adoption: October 24, 2000.

September 20, 2000

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 96-05-001, filed 2/7/96)

WAC 390-13-010
Optional format for requests for lists of individuals.

The use of a list of individuals obtained from an agency for commercial purposes is prohibited by RCW 42.17.260(((9))). ((The commission finds that the term "commercial purposes" has been interpreted by different agencies in inconsistent ways resulting in confusion and a lack of uniform administration of that statute.)) Therefore, the following format is adopted by the commission and authorized for use by agencies, at their option, to bring uniformity to the administration of that statute.

(Name of Agency) PUBLIC RECORDS ACCESS


STATE OF WASHINGTON

COUNTY OF__________

|

>

|

ss.

AFFIDAVIT TO

RELEASE PUBLIC RECORDS

(Name and Address)

having been duly sworn, deposes and says:


1. I have requested copies of the following public records:


2. I understand that Washington state law, RCW 42.17.260(((9))), prohibits the use of lists of individuals for commercial purposes.


3. I understand that the use for commercial purposes of said records may also violate the rights of the individuals named therein and may subject me to liability for such commercial use.


4. I understand that section 2 (([and] [or])) or 3 herein apply when I use said records for commercial purposes and when others use said records or copies of same for commercial purposes. I understand that I may be liable in either case.


5. I understand that "commercial purposes" means that the person requesting the record intends that the list will be used to communicate with the individuals named in the record for the purpose of facilitating profit expecting activity.


6. Therefore, I do hereby swear and affirm on oath and under penalty of law that I will not use said records for commercial purposes and that further, it is my affirmative duty to prevent others from using said records for commercial purposes.


((7. I do further swear and affirm on oath and under penalty of law that I will protect and hold harmless, including the cost of defending, the agency and its agents and employees from which I have obtained said records from any and all claims arising either directly or indirectly from the commercial use of said records.))

Signature
SUBSCRIBED AND SWORN to before me this day

of , ((19))20 .

____________ Notary Public in and for the state

(([of the State])) of Washington residing

at .

[Statutory Authority: RCW 42.17.370(1). 96-05-001, 390-13-010, filed 2/7/96, effective 3/9/96; 83-11-004 (Order 83-01), 390-13-010, filed 5/6/83.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office