CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1899

Chapter 273, Laws of 2011

62nd Legislature
2011 Regular Session



PUBLIC RECORDS VIOLATIONS--PENALTIES



EFFECTIVE DATE: 07/22/11

Passed by the House March 1, 2011
  Yeas 96   Nays 2

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 21, 2011
  Yeas 47   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1899 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved May 5, 2011, 10:25 a.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 6, 2011







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 1899
_____________________________________________

Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By House State Government & Tribal Affairs (originally sponsored by Representatives Miloscia, Overstreet, Hurst, Taylor, Hunt, Armstrong, McCoy, and Condotta)

READ FIRST TIME 02/17/11.   



     AN ACT Relating to penalties for public records violations; reenacting and amending RCW 42.56.550; and prescribing penalties.

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

Sec. 1   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 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.


         Passed by the House March 1, 2011.
         Passed by the Senate April 21, 2011.
         Approved by the Governor May 5, 2011.
         Filed in Office of Secretary of State May 6, 2011.