ENGROSSED SUBSTITUTE HOUSE BILL 1594 - Washington

1 CERTIFICATION OF ENROLLMENTENGROSSED SUBSTITUTE HOUSE bill 1594 Chapter 303, Laws of 201765th Legislature2017 Regular SessionPUBLIC RECORDS--REQUESTS--ARCHIVING--GRANTS--ST UDYEFFECTIVE DATE: 7/23/2017 Passed by the HOUSE April 17, 2017 Yeas 80 Nays 18 FRANK CHOPPS peaker of the HOUSE of RepresentativesPassed by the Senate April 10, 2017 Yeas 40 Nays 7 CYRUS HABIBP resident of the SenateCERTIFICATEI, Bernard Dean, Chief Clerk of theHouse of Representatives of theState of Washington , do herebycertify that the attached isENGROSSED SUBSTITUTE HOUSE BILL1594 as passed by HOUSE ofRepresentatives and the Senate onthe dates hereon set DEANC hief ClerkApproved May 16, 2017 10:39 AMFILEDMay 16, 2017 JAY INSLEEG overnor of the State of WashingtonSecretary of State State of WashingtonAN ACT Relating to improving public records administration;1amending RCW , , , , ,2and ; adding a new section to chapter RCW; creating3new sections; and providing expiration IT ENACTED BY THE LEGISLATURE OF THE STATE OF Washington :5 Sec.

2 1. RCW and 2010 c 204 s 1005 are each amended to6read as follows:7 The definitions in this section apply throughout this chapter8unless the context clearly requires (1) "Agency" includes all state agencies and all local "State agency" includes every state office, department, division,11bureau, board, commission, or other state agency. "Local agency"12includes every county, city, town, municipal corporation, quasi-13municipal corporation, or special purpose district, or any office,14department, division, bureau, board, commission, or agency thereof,15or other local public (2) "Person in interest" means the person who is the subject of a17record or any representative designated by that person, except that18if that person is under a legal disability, "person in interest"19means and includes the parent or duly appointed legal SUBSTITUTE HOUSE bill 1594AS AMENDED BY THE SENATEP assed Legislature - 2017 Regular SessionState of Washington65th Legislature2017 Regular SessionBy HOUSE Appropriations (originally sponsored by RepresentativesMcBride, Nealey, Springer, Clibborn, Hayes, Gregerson, Peterson,Koster, Griffey, Klippert, Kilduff, Muri, Senn, Goodman, Haler,Robinson, Sells, Steele, Fitzgibbon, Fey, Kraft, Bergquist, Smith,Tharinger, Stanford, Kloba, Jinkins, Hargrove, Slatter, and Kagi)READ FIRST TIME 02/24 1 ESHB (3)

3 " public record " includes any writing containing information1relating to the conduct of government or the performance of any2governmental or proprietary function prepared, owned, used, or3retained by any state or local agency regardless of physical form or4characteristics. For the office of the secretary of the senate and5the office of the chief clerk of the HOUSE of representatives, public6records means legislative records as defined in RCW and7also means the following: All budget and financial records; personnel8leave, travel, and payroll records; records of legislative sessions;9reports submitted to the legislature; and any other record designated10a public record by any official action of the senate or the HOUSE of11representatives. This definition does not include records that are12not otherwise required to be retained by the agency and are held by13volunteers who:14(a) Do not serve in an administrative capacity;15(b) Have not been appointed by the agency to an agency board,16commission, or internship.

4 And17(c) Do not have a supervisory role or delegated agency (4) "Writing" means handwriting, typewriting, printing,19photostating, photographing, and every other means of recording any20form of communication or representation including, but not limited21to, letters, words, pictures, sounds, or symbols, or combination22thereof, and all papers, maps, magnetic or paper tapes, photographic23films and prints, motion picture, film and video recordings, magnetic24or punched cards, discs, drums, diskettes, sound recordings, and25other documents including existing data compilations from which26information may be obtained or 2. RCW and 2014 c 66 s 4 are each amended to read28as follows:29(1) public records officers designated under RCW and30records officers designated under RCW must complete a31training course regarding the provisions of this chapter, and also32chapter RCW for records (2) public records officers must:34(a) Complete training no later than ninety days after assuming35responsibilities as a public records officer or records manager.

5 And36(b) Complete refresher training at intervals of no more than four37years as long as they maintain the 2 ESHB (3) training must be consistent with the attorney general's model1rules for compliance with the public records (4) training may be completed remotely with technology including3but not limited to internet-based (5) training must address particular issues related to the5retention, production, and disclosure of electronic documents,6including updating and improving technology information 3. RCW and 2010 c 69 s 2 are each amended to read8as follows:9(1) Responses to requests for public records shall be made10promptly by agencies, the office of the secretary of the senate, and11the office of the chief clerk of the HOUSE of representatives. Within12five business days of receiving a public record request, an agency,13the office of the secretary of the senate, or the office of the chief14clerk of the HOUSE of representatives must respond ((by either)) in15one of the ways provided in this subsection (1):16(a) Providing the record ;17(((2))) (b) Providing an internet address and link on the18agency's web site to the specific records requested, except that if19the requester notifies the agency that he or she cannot access the20records through the internet, then the agency must provide copies of21the record or allow the requester to view copies using an agency22computer.

6 23(((3))) (c) Acknowledging that the agency, the office of the24secretary of the senate, or the office of the chief clerk of the25house of representatives has received the request and providing a26reasonable estimate of the time the agency, the office of the27secretary of the senate, or the office of the chief clerk of the28house of representatives will require to respond to the request;29(d) Acknowledging that the agency, the office of the secretary of30the senate, or the office of the chief clerk of the HOUSE of31representatives has received the request and asking the requestor to32provide clarification for a request that is unclear, and providing,33to the greatest extent possible, a reasonable estimate of the time34the agency, the office of the secretary of the senate, or the office35of the chief clerk of the HOUSE of representatives will require to36respond to the request if it is not clarified.

7 Or37(((4))) (e) Denying the public record 3 ESHB (2) Additional time required to respond to a request may be based1upon the need to clarify the intent of the request, to locate and2assemble the information requested, to notify third persons or3agencies affected by the request, or to determine whether any of the4information requested is exempt and that a denial should be made as5to all or part of the (3)(a) In acknowledging receipt of a public record request that7is unclear, an agency, the office of the secretary of the senate, or8the office of the chief clerk of the HOUSE of representatives may ask9the requestor to clarify what information the requestor is (b) If the requestor fails to respond to an agency request to11clarify the request, and the entire request is unclear, the agency,12the office of the secretary of the senate, or the office of the chief13clerk of the HOUSE of representatives need not respond to , the agency must respond, pursuant to this section, to15those portions of the request that are (4) Denials of requests must be accompanied by a written17statement of the specific reasons therefor.

8 Agencies, the office of18the secretary of the senate, and the office of the chief clerk of the19house of representatives shall establish mechanisms for the most20prompt possible review of decisions denying inspection, and such21review shall be deemed completed at the end of the second business22day following the denial of inspection and shall constitute final23agency action or final action by the office of the secretary of the24senate or the office of the chief clerk of the HOUSE of25representatives for the purposes of judicial 4. RCW and 2007 c 197 s 8 are each amended to27read as follows:28(1) The attorney general's office shall publish, and update when29appropriate, a pamphlet, written in plain language, explaining (2) The attorney general, by February 1, 2006, shall adopt by32rule ((an)) advisory model rules for state and local agencies, as33defined in RCW , addressing the following subjects:34(a) Providing fullest assistance to requestors;35(b) Fulfilling large requests in the most efficient manner;36(c) Fulfilling requests for electronic records.

9 And37(d) Any other issues pertaining to public disclosure as38determined by the attorney 4 ESHB (3) The attorney general, in his or her discretion, may from time1to time revise the model (4) Local agencies should consult the advisory model rules when3establishing local ordinances for compliance with the requirements4and responsibilities of this (5) Until June 30, 2020, the attorney general must establish a6consultation program to provide information for developing best7practices for local agencies requesting assistance in compliance with8this chapter including, but not limited to: Responding to records9requests, seeking additional public and private resources for10developing and updating technology information services, and11mitigating liability and costs of compliance.

10 The attorney general12may develop the program in conjunction with the advisory model rule13and may collaborate with the chief information officer, the state14archivist, and other relevant agencies and organizations in15developing and managing the program. The program in this subsection16ceases to exist June 30, (6) Until June 30, 2020, the state archivist must offer and18provide consultation and training services for local agencies on19improving record retention 5. RCW and 2008 c 328 s 6005 are each amended to21read as follows:22 The local government archives account is created in the state23treasury. All receipts collected by the county auditors under and for local government services, such as25providing records ((scheduling)) schedule compliance, security26microfilm inspection and storage, archival preservation, cataloging,27and indexing for local government records and digital data and access28to those records and data through the regional branch archives of the29division of archives and records management, must be deposited into30the account, and expenditures from the account may be used only for31these purposes.