BILL REQ. #:  S-4349.1 

Read first time 02/01/12.   Referred to Committee on Ways & Means.

     AN ACT Relating to allowing school districts to charge for the reasonable costs of responding to public records requests; amending RCW 42.56.120; and adding a new section to chapter 28A.320 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.320 RCW to read as follows:
     By August 31, 2012, each school district shall adopt a policy to charge for the reasonable costs of responding to public records requests. The policy shall be consistent with RCW 42.56.070. The costs shall not be more than the actual classified personnel costs required to complete the search, review, redact, and copy of the records. The policy shall require the school district to provide a written estimate of the cost for complying with the request within ten business days of receiving the request for public records. School districts may require a deposit of up to ten percent of the estimated cost to be paid in advance. The cost shall not include any attorney costs to prepare an exemption log.

Sec. 2   RCW 42.56.120 and 2005 c 483 s 2 are each amended to read as follows:
     (1) Except as provided in subsections (2) and (3) of this section, 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.
     (2) 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. 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.
     (3) School districts may charge for the reasonable costs of responding to public records requests. The cost charged shall be consistent with the district adopted policy adopted under section 1 of this act and shall not be more than the actual classified personnel costs required to complete the search, review, redact, and copy of the records. Within ten business days of receiving the request for public records the school district shall provide a written estimated cost for complying with the request. School districts may require a deposit of up to ten percent of the estimated cost to be paid in advance. The cost shall not include any attorney costs to prepare an exemption log.