BILL REQ. #:  H-3479.1 

Read first time 01/10/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to public records; amending RCW 42.56.120, 42.17.253, and 42.56.040; reenacting and amending RCW 42.56.550; adding a new section to chapter 42.56 RCW; recodifying RCW 42.17.253; and providing an effective date.

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

Sec. 1   RCW 42.56.120 and 2005 c 483 s 2 are each amended to read as follows:
     No fee shall be charged for the inspection of public records. No fee shall be charged for locating public documents and making them available for copying. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying. Agency charges for photocopies shall be imposed in accordance with the actual per page cost or other costs established and published by the agency. In no event may an agency charge a per page cost greater than the actual per page cost as established and published by the agency. To the extent the agency has not determined the actual per page cost for photocopies of public records, the agency may not charge in excess of fifteen cents per page. Agency documentation of its actual costs for copies, including photocopies, shall be subject to audit for accuracy by the office of the state auditor. An agency may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request. If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.

Sec. 2   RCW 42.17.253 and 2005 c 483 s 3 are each amended to read as follows:
     (1) Each state and local agency shall appoint, maintain, and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency's compliance with the public records disclosure requirements of this chapter. A state or local agency's public records officer may appoint an employee or official of another agency as its public records officer.
     (2) For state agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance with the public records disclosure requirements of this chapter shall be published in the state register at the time of designation and annually every year thereafter.
     (3) For local agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance within the public records disclosure requirements of this chapter shall be made in a way reasonably calculated to provide notice to the public, including posting at the local agency's place of business, posting on its internet site, or including in its publications.

Sec. 3   RCW 42.56.040 and 1973 c 1 s 25 are each amended to read as follows:
     (1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public:
     (a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
     (b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available;
     (c) Rules of procedure;
     (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; ((and))
     (e) Each amendment or revision to, or repeal of any of the ((foregoing)) documents in this subsection (1); and
     (f) The name and contact information of the agency's appointed individual responsible for overseeing the disclosure or inspection of public records.
     (2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed.
     (3)(a) By February 1, 2007, the attorney general shall adopt by rule a model rule for state and local agencies addressing the following subjects:
     (i) Providing assistance to requesters;
     (ii) Indexing public records;
     (iii) Fulfilling large requests in a timely manner;
     (iv) Fulfilling requests for electronic records; and
     (v) Any other issues pertaining to public disclosure as determined by the attorney general.
     (b) The attorney general, in his or her discretion, may from time to time revise the model rule.

Sec. 4   RCW 42.56.550 and 2005 c 483 s 5 and 2005 c 274 s 288 are each reenacted and amended to read as follows:
     (1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.
     (2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request, the superior court in the county in which a record is maintained may require the responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable.
     (3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. The court may conduct a hearing based solely on affidavits.
     (4) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorneys' fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not less than ((five)) fifty dollars and not to exceed ((one)) five hundred dollars for each day that he or she was denied the right to inspect or copy said public record.
     (5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply.
     (6) Actions under this section 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.

NEW SECTION.  Sec. 5   RCW 42.17.253 is recodified as a new section in chapter 42.56 RCW.

NEW SECTION.  Sec. 6   This act takes effect July 1, 2006.