BILL REQ. #: S-0833.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/27/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to increasing access to public records; amending RCW 42.56.530; reenacting and amending RCW 42.56.550; adding a new section to chapter 42.56 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that with regard to
public access to public records, the more the transparency, the greater
the accountability. Therefore, the legislature declares that all
public records should be readily accessible to the public.
NEW SECTION. Sec. 2 A new section is added to chapter 42.56 RCW
to read as follows:
(1) Each agency shall make available to the public, at no cost to
the public, all public records of that agency through computer
terminals located at a readily accessible designated area located in
the agency. If an agency does not have the capacity to provide a space
or computer terminal for public use, an agency may coordinate with
another agency to provide public access to public documents through
another agency's computer terminal.
(2) If public records are explicitly exempt from public disclosure
by statute, the agency shall redact the exempt information and
otherwise provide the document in proper context, showing redactions.
Sec. 3 RCW 42.56.530 and 1992 c 139 s 10 are each amended to read
as follows:
Whenever ((a state)) an agency concludes that a public record is
exempt from disclosure and denies a person opportunity to inspect or
copy a public record for that reason, the agency shall inform the
person that he or she may request the attorney general to review the
matter. The attorney general shall provide the person with his or her
written opinion on whether the record is exempt.
Nothing in this section shall be deemed to establish an attorney-client relationship between the attorney general and a person making a
request under this section.
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 attorney fees, incurred in connection with such legal
action. In addition, ((it shall be within the discretion of)) the
court ((to)) shall award such person an amount not less than five
dollars and not to exceed one 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 Sections 1 and 2 of this act may be known
and cited as the light of day act.