Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
State Government & Tribal Affairs Committee |
HB 2583
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Concerning conferences prior to filing actions alleging a public records request violation.
Sponsors: Representatives Haigh, Armstrong, Moeller and Chase.
Brief Summary of Bill |
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Hearing Date: 1/19/10
Staff: Marsha Reilly (786-7135).
Background:
The Public Records Act (PRA) requires that all state and local government agencies make all public records available for public inspection and copying unless they fall within certain statutory exemptions. The provisions requiring public records disclosure must be interpreted liberally and the exceptions narrowly in order to effectuate a general policy favoring disclosure.
Responses to requests for public records must be made promptly. Within five business days of a request, an agency must:
provide the record;
acknowledge receipt of the request and provide a reasonable estimate of the time that is required to respond to the request. Additional time may be taken to clarify the intent of the request, to locate the requested information, to notify third persons or agencies affected by the request, or to determine whether the requested information is protected by an exemption; or
deny the request.
Whenever a records request is denied, the person making the request may seek an opinion from the Attorney General on whether or not the denied record is exempt.
A person who is denied a public record or who believes an agency's time estimate is unreasonable may appeal the agency decision in the superior court of the county in which the record is maintained. In such court actions, the agency has the burden to prove, by a preponderance of the evidence, that the agency action was valid. If the person prevails in the action, he or she must be awarded all costs, including reasonable attorney fees. The person may also be awarded an amount between $5 and $100 per day that the person was denied access to a public record.
Summary of Bill:
Prior to filing court action alleging a violation of the PRA, the requester of a public record and the agency may confer in person or by telephone regarding the dispute. For claims requiring an agency to show cause for refusal to produce a record, no action shall be commenced until 15 days after the conference. The one-year statute of limitation and daily penalties shall be tolled during this period.
The party filing suit must include a certification that a conference was held or the reasons why a conference was not held. If a requester or agency elects to file suit without conducting the conference, or if the lawsuit is filed without waiting 15 days after the conference, the court has the discretion to reduce or eliminate any award for costs, including daily penalties. In making its decision, the court may consider the following nonexclusive factors: whether the requester had need to obtain the records in less than 15 days; and whether a conference would have been futile.
Appropriation: None.
Fiscal Note: Requested on January 15, 2010.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.