BILL REQ. #:  S-4451.1 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to clarifying charges for repeated batch requests of public records sought for commercial or profit-making purposes; amending RCW 42.56.120; and creating a new section.

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

NEW SECTION.  Sec. 1   Consistent with its mandate to assure that the public interest will be fully protected, the legislature finds that agencies have an obligation to ensure transparency and openness in the provision of public records that inform residents of the inner workings of their governments.
     However, the legislature also finds that agencies are increasingly receiving broad, repeated, batch requests for records from companies – many of which are out-of-state. These companies typically submit repeated requests for large batches of records to Washington's public agencies and then use the records for commercial and resale purposes. In order to fill the requests, public agencies expend significant resources to locate, assemble, and produce the requested public records.
     However, under existing law, except for copying costs, public agencies may not charge a fee to locate, assemble, and produce the records. As a result, the taxpayers of this state effectively subsidize certain companies through the production of records that are free of charge.
     The legislature finds that agencies, in being responsive to these requests, are expending significant amounts of staff time and resources to fulfill these requests.
     Accordingly, the intent of this act is to assure that the public interest will be protected by authorizing agencies to charge fees for the production of records that are requested in large batches for commercial purposes.

Sec. 2   RCW 42.56.120 and 2005 c 483 s 2 are each amended to read as follows:
     (1) 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. Except as provided in subsection (2) of this section, 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. Except as provided in subsection (2) of this section, 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. 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.
     (2) In cases of requests for batches of the following records an agency may charge the requestor the fees listed:
     (a) For permits, licenses, and approvals, and applications for permits, licenses, and approvals, one dollar per record in excess of ten records;
     (b) For cash and cash convertible sureties, work deposits, performance bonds, payment guarantees, or similar securities, escrow accounts, checks, warrants, and vouchers, fifteen dollars per record in excess of ten records; and
     (c) For building plans, five dollars per record in excess of ten records.
     (3) A batch request is a request for ten or more records, whether in a single request or a series of requests from one requester, or related requesters, for the purpose of charging fees.
     (4) Agencies may not charge the per-record costs in this section to the media as defined in RCW 5.68.010(5); to nonprofit academic institutions; or to companies that request records from public agencies under previously established fee-for-service contract arrangements with those agencies.