BILL REQ. #:  S-1288.1 

READ FIRST TIME 02/10/11.   

     AN ACT Relating to clarifying the statute of limitations for any court action brought under RCW 42.56.550; reenacting and amending RCW 42.56.550; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that the court in Tobin v. Worden, 156 Wn. App. 507, 233 P.3d 906 (2010), did not apply the one-year statute of limitations where the agency did not claim an exemption or produce records on a partial or installment basis, but instead produced records at one time. In enacting chapter 483, Laws of 2005, the legislature intended that a one-year statute of limitations applies to all actions brought under RCW 42.56.550. This act clarifies the legislature's intent that all actions brought under RCW 42.56.550 are subject to a one-year statute of limitations running from the date of the events set forth in this act.

Sec. 2   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 latest of:
     (a) The agency's claim of exemption ((or));
     (b) The last production of a record ((on a partial or installment basis)) prior to the action being filed;
     (c) A response indicating no records have been located; or
     (d) A response indicating there are no additional records that will be produced on a partial or installment basis.
     If none of these events occur, an action under this section must be filed within one year of the date of the public record request.

NEW SECTION.  Sec. 3   This act applies to all actions brought under RCW 42.56.550 in which final judgment has not been entered as of the effective date of this section. To this extent, this act applies retroactively; provided, however, that for an action where the running of the statute of limitations was triggered by the agency's production of records at one time, as was the case in Tobin v. Worden, 156 Wn. App. 507, 233 P.3d 906 (2010), and the one-year statute of limitations period ended on or after June 21, 2010, and on or before the effective date of this section, the one-year statute of limitations runs from the effective date of this section.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.