SENATE BILL REPORT
HB 1446
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.
As Reported By Senate Committee On:
Government Operations & Elections, March 29, 2007
Title: An act relating to the statute of limitations for actions under the public records act.
Brief Description: Regarding the statute of limitations under the public records act.
Sponsors: Representatives Kessler, Rodne, Chandler, Hunt, Upthegrove and Miloscia; by request of Attorney General.
Brief History: Passed House: 2/23/07, 94-0.
Committee Activity: Government Operations & Elections: 3/29/07 [DP].
SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS
Majority Report: Do pass.Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach, Ranking Minority Member; Benton, Kline, Pridemore and Swecker.
Staff: Sharon Swanson (786-7447)
Background: A response to a request to inspect or copy a public record must be made promptly by an agency. Within five business days of receiving a public record request, an agency must respond by either providing the record, acknowledging receipt of the request and providing a reasonable estimate of the time required to respond to the request, or deny the request. Upon the motion of any person having been denied an opportunity to inspect or copy a public record, or who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond, the superior court in the county in which a record is maintained may require the agency to show cause why it has refused to allow inspection or copying of the record or show that the estimate it provided is reasonable. The motion of a person seeking to challenge an agency decision on a request to inspect or copy a public record must be filed within one year of the agency's claim of exemption.
Summary of Bill: The one year statute of limitations applies from the date an agency is required
to respond to a request or any other violation of the public records act.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: The bill just clarifies existing law. The statute of limitations begins when an agency should respond, not when an agency chooses to respond. This is a good bill.
Persons Testifying: PRO: Representative Kessler, prime sponsor; Greg Overstreet, Office of the Attorney General; Bob Cooper, Heart of America.