SENATE BILL REPORT

SB 5022

As of January 6, 2011

Title: An act relating to clarifying the statute of limitations for any court action brought under RCW 42.56.550

Brief Description: Clarifying the statute of limitations for any court action brought under RCW 42.56.550.

Sponsors: Senators Kilmer, Regala, Pflug and Rockefeller; by request of Attorney General.

Brief History:

Committee Activity: Government Operations, Tribal Relations & Elections:

Staff: Sharon Swanson (786-7447)

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 require public records disclosure must be interpreted liberally and the exemptions narrowly in order to effectuate a general policy favoring disclosure.

The PRA requires agencies to respond to public records requests within five business days. The agency must either: (1) provide the records; (2) provide a reasonable estimate of the time the agency will take to respond to this request; or (3) deny the request. Additional time may be required to either respond to a request where the agency needs to notify their parties or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

A denial of a public record request must be accompanied by a written statement of the specific reasons for denial. Any person who is denied the opportunity to inspect or copy a public record may file a motion to show cause in superior court as to why the agency has refused access to the record. The burden of proof rests with the agency to establish that the refusal is consistent with the statute that exempts or prohibits disclosure. The PRA provides that any action must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis.

In Tobin v. Warden, 156 Wn. App 507 (2010), Division I of the Court of Appeals concluded that the statute of limitations for PRA cases does not begin to run unless one of two events occurs: (1) the agency claims an exemption; or (2) the agency produces the records on a partial or installment basis. In Tobin, the agency had produced all responsive records at one time and did not claim any exemptions. The requestor filed a lawsuit in August 2007, claiming violations of the PRA in response to requests both made and responded to in 2005.

Summary of Bill: Clarifies the Legislature's intent that the statute of limitations for any action brought under the PRA is one year from the date that an agency claims an exemption, provides the records responsive to a request, or indicates that there are no responsive records, whichever occurs last.

If an agency produces records on a partial or installment basis, the statute of limitations does not begin to run until the last record is provided or an exemption is claimed, whichever is later.

If an agency provides a single response either by claiming an exemption, producing records, or indicating no responsive records have been located, an action must be filed within one year of the date of that response.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.