BILL REQ. #:  Z-0819.1 

Read first time 01/14/08.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to public records; and reenacting and amending RCW 42.56.550.

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)(a) Except as provided in (b) of this subsection, 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.
     (b) A person requesting public records while incarcerated, detained in, or committed to any state, local, or federal correctional facility, secure facility as defined in RCW 71.09.020, or any private facility contracting with any governmental entity shall not be entitled to any penalty award for each day he or she was denied requested public records. Rather, penalties shall be awarded to the crime victims' compensation program, as outlined in chapter 7.68 RCW, in an amount not less than five dollars and not to exceed one hundred dollars for each day that an incarcerated, detained, or committed requester was wrongfully denied requested public records. An incarcerated, detained, or committed requester prevailing against an agency in any action under this chapter shall be awarded all costs, including reasonable attorney fees, incurred with such action. This provision applies retroactively to all cases where a penalty award is not a final judgment.
     (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.