Strike everything after the enacting clause and insert the following:

NEW SECTION.  Sec. 1.  "The legislature finds that the right of citizens to observe the actions of local agencies and to have timely access to public records are essential to democracy and allow for meaningful participation in the democratic process. The legislature reaffirms the importance of transparent and open government while recognizing that local agencies face unique challenges in responding to voluminous and automated requests for public records.

PART I

PROCEDURES FOR RESPONDING TO REQUESTS

NEW SECTION.  Sec. 101.  A new section is added to chapter 42.56 RCW to read as follows:

(1) Ensuring the transparency and openness of governmental agencies is a function of all local agencies, along with other essential functions. To prevent undue interference with other essential functions of the local agency, a local agency may adopt procedures that limit the number of hours it devotes on a monthly basis to responding to public records requests, and that prioritize requests according to criteria established by the local agency. Procedures adopted by local agencies:

(a) Must address the need to provide the fullest assistance possible to requestors while avoiding excessive interference with other essential functions;

(b) Must provide that unfilled requests or installments will roll over into the following month and will continue to be fulfilled in installments based on available time under the procedures;

(c) Must ensure that the local agency promptly responds to requests for public records in accordance with RCW 42.56.520; and

(d) Must be adopted by the local agency in the form of adopted legislation subject to public hearing. The procedures must be reviewed and amended, as necessary, by the governing body of the local agency not less than once every other year.

(2)(a) Prior to adopting procedures, a local agency must make available and accessible to the public in accordance with (b) of this subsection:

(i) Budgets for the ongoing and three previous fiscal years and, when available, any proposed budget for the upcoming fiscal year; and

(ii) Agendas and minutes for all public meetings of the local agency's governing body for the three previous fiscal years, as well as comply with applicable laws including RCW 42.30.077.

(b) A local agency may not adopt or implement procedures under this section unless:

(i) For local agencies with a web site and employing ten or more full-time equivalent employees, documents listed in (a) of this subsection are accessible through a central web site; or

(ii) For local agencies without a web site or employing fewer than ten full-time equivalent employees, the local agency produces for inspection any document listed in (a) of this subsection within five business days of a request, or the documents are accessible through the local agency's web site.

(c) Unless a local agency employs fewer than ten full-time equivalent employees, a local agency that adopts procedures under this section must be able to conduct an electronic search of any electronic records held by the local agency by January 1, 2018. Local agencies employing fewer than ten full-time equivalent employees must be able to conduct an electronic search of any electronic records held by the local agency to the extent feasible.

(3)(a) A local agency that limits the number of hours it devotes on a monthly basis to responding to requests must establish a minimum amount of time each month that the local agency devotes to responding to requests. At a minimum, the local agency must devote the greater of:

(i) Ten hours each month; or

(ii) A reasonable amount of time each month, determined by the local agency by considering factors including:

(A) For a local agency with fewer than fifty full-time employees, five percent of the local agency's designated administrative staff time;

(B) For a local agency with fifty or more full-time employees, ten percent of the local agency's designated administrative staff time; and

(C) The average amount of time spent by the local agency responding to requests over the prior two-year period.

(b) Tasks subject to a limit authorized by this section may include the time it takes to search for responsive records and review and redact responsive records. Tasks subject to a limit authorized by this section may not include time spent in litigation or time spent by an attorney providing legal advice regarding records. Local agencies are encouraged to use generally available redaction tools to speedily redact items such as personally identifying information or to blur or remove visual images that may be exempt to protect privacy.

(4) Procedures adopted by a local agency under this section must provide for prompt responses to certain time-sensitive requests by prioritizing the order in which public records requests will be fulfilled. If a local agency chooses to limit the number of hours it devotes to responding to requests on a monthly basis, the local agency must adopt rules establishing the criteria governing prioritization in accordance with this subsection (4).

(a) A local agency may prioritize requests based on the size or complexity of the request or the number of requests received and pending.

(b) To the extent possible, local agencies must give priority to time-sensitive requests in which any of the conditions listed in (b)(i), (ii), or (iii) of this subsection apply. To determine whether one of these conditions exist, the public records officer of a local agency may ask the requestor for clarifying information. If the requestor does not provide information necessary to determine whether one or more of the conditions apply, then the local agency may assume that the condition does not apply. Priority must be given to:

(i) Requests involving an imminent threat to public safety or a loss of substantive or procedural due process rights;

(ii) Requests concerning imminent legislative, administrative, or judicial action, an election, or issues subject to a defined comment period; and

(iii) Requests that are routine, may be readily fulfilled, or are immediately accessible.

(5) In an effort to better understand a request, provide all responsive records, and appropriately prioritize a request, if procedures providing for prioritization have been adopted by a local agency, a local agency's procedures must encourage public records officers to contact requestors to inquire about the purpose for a request. Requestors are not obligated to answer the inquiry of a public records officer regarding the purpose of a request, except to establish whether inspection and copying of records would violate RCW 42.56.070(9) or other law that exempts or prohibits production of specific information or records to certain persons.

(6) When a local agency that has adopted procedures authorized by this section anticipates that fulfilling a public records request will take more than sixty calendar days, the local agency must inform the requestor in writing of the factors determining a response time estimate, including providing a list of all other pending requests. Response time estimates of local agencies are subject to court challenges pursuant to RCW 42.56.550.

(7) If a court holds that records have been withheld by a local agency from disclosure or production for an unreasonable period of time as a result of the local agency devoting an inadequate amount of time to responding to requests under procedures authorized by this section, the agency must revise the procedures.

Sec. 102.  RCW 42.56.080 and 2005 c 483 s 1 and 2005 c 274 s 285 are each reenacted and amended to read as follows:

Public records shall be available for inspection and copying, and agencies shall, upon request for identifiable public records, make them promptly available to any person including, if applicable, on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure. A request for all or substantially all agency records is not a request for identifiable public records, and an agency may deny such a request. Agencies shall not deny a request for identifiable public records solely on the basis that the request is overbroad. Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(9) or other statute which exempts or prohibits disclosure of specific information or records to certain persons. Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency. Agencies shall honor requests received by mail for identifiable public records unless exempted by provisions of this chapter. Multiple records requests made by an automated computer program are not valid requests for records under this chapter, and an agency may deny such requests. Local agencies may ask a requestor to respond in a manner to determine whether multiple records requests were generated by an automated computer program.

Sec. 103.  RCW 42.56.520 and 2010 c 69 s 2 are each amended to read as follows:

(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives.

(2) Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by ((either (1))):

(a) Providing the record;

(((2))) (b) Providing an internet address and link on the agency's web site to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;

(((3))) (c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or

(((4))) (d) Denying the public record request.

(3) Additional time required to respond to a request may be based upon:

(a) The need to clarify the intent of the request((,));

(b) The need to locate and assemble the information requested((,));

(c) The need to notify third persons or agencies affected by the request((,));

(d) Procedures adopted by a local agency in accordance with section 101 of this act; or

(e) The need to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(4) In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it.

(5) Denials of requests must be accompanied by a written statement of the specific reasons ((therefor)) for the denial. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.

PART II

LEGISLATIVE TASK FORCE ON PUBLIC RECORDS REQUESTS TO LOCAL AGENCIES

(a) The majority and minority leaders of the senate shall appoint two members, one from each of the relevant caucuses of the senate.

(b) The majority and minority leaders of the house of representatives shall appoint two members, one from each of the relevant caucuses of the house of representatives.

(c) The governor shall appoint:

(i) Two members representing the news media;

(ii) Two members representing public interest organizations advising or advocating on behalf of citizens who make public records requests under the public records act, chapter 42.56 RCW, with one member representing citizen requestors statewide and one member representing citizen requestors in a community or locality;

(iii) Two members representing requestors who make public records requests for commercial purposes under the public records act, chapter 42.56 RCW;

(iv) One member representing special purpose districts other than school districts in Washington; and

(v) One member representing public employees.

(d) An association representing Washington cities shall appoint one member representing cities.

(e) An association representing Washington counties shall appoint one member representing counties.

(f) An association representing Washington state school directors shall appoint one member representing Washington state school directors.

(2) The task force shall choose its chair from among its legislative membership. The task force may choose or engage an entity or person to serve as a facilitator. The legislative members of the task force must convene the initial meeting of the task force. The task force must convene at least three meetings.

(3) The task force shall review the following issues with respect to local agencies:

(a) The merits of forming a public records commission to administer provisions of the public records act, chapter 42.56 RCW, to have jurisdiction over disputes arising under the act, and to perform functions such as facilitating resolution of disputes through mediation, arbitration, or adjudicative proceedings;

(b) Other strategies for resolving disputes related to public records requests;

(c) The survey conducted by the office of the state auditor to collect information about the nature, volume, and associated costs of public records requests, and the report submitted by the office of the state auditor to the legislature; and

(d) Cost recovery for expenses associated with responding to public records requests, including cost recovery for providing records requested for a commercial purpose.

(4) Staff support for the task force must be provided by senate committee services and the house of representatives office of program research.

(5) Legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.

(6) The expenses of the task force must be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

(7) By November 15, 2016, the task force must submit to the appropriate committees of the legislature, in accordance with RCW 43.01.036, a summary of the task force's findings and recommendations, if any.

(8) This section expires January 1, 2017.

PART III

LOCAL GOVERNMENT ARCHIVES ACCOUNT

It is the intent of the legislature that expenditures from the local government archives account be used for these purposes. It is also the intent of the legislature that the local government archives account be fully funded through appropriations in the 2017-2019 omnibus appropriations act."

Correct the title.

EFFECT: Makes the following changes to the underlying second substitute bill:

(1) Declares that ensuring the transparency and openness of governmental agencies is a function of all local agencies, along with other essential functions.

(2) Requires that procedures adopted by a local agency ensure that the local agency promptly respond to requests for public records in accordance with a current statute, RCW 42.56.520.

(3) Provides that: (a) Local agencies that adopt procedures under the bill must be able to conduct electronic searches of the local agency's electronic records by January 1, 2018; or (b) local agencies with fewer than 10 full-time equivalent employees that adopt procedures under the bill must be able to conduct electronic searches of the local agency's electronic records to the extent feasible.

(4) Modifies how local agencies that adopt procedures under the bill compute the minimum amount of time they devote each month to responding to records requests. Provides that, at a minimum, a local agency must devote the greater of: (a) 10 hours each month; or (b) a reasonable amount of time each month, determined by the local agency by considering factors including: (i) 5 percent of the local agency's designated administrative staff time, if the local agency has fewer than 50 employees; (ii) 10 percent of the local agency's designated administrative staff time, if the local agency has 50 or more employees; and (iii) the average amount of time spent by the local agency responding to requests over the prior two-year period.

(5) Encourages local agencies to use generally available redaction tools to speedily redact items such as personally identifying information or to blur or remove visual images that may be exempt to protect privacy.

(6) Requires any local agency that adopts procedures limiting the amount of time devoted to responding to requests on a monthly basis to provide prompt responses to time-sensitive requests by prioritizing the order in which public records requests are fulfilled. Requires, rather than authorizes, as proposed in the underlying bill, such local agencies to establish criteria governing prioritization.

(7) Specifies that a local agency may prioritize requests based on the size of a request, complexity of a request, or the number of requests received and pending, rather than based on the size and complexity of a request and the number of requests the requestor has made in the preceding 12 months.

(8) Adds or modifies the following possible conditions a local agency must consider when prioritizing records requests: (a) Any requests concerning an election; (b) any requests concerning issues subject to a defined comment period; and (c) any requests involving a loss of substantive or procedural due process rights, rather than a loss of substantial due process rights as proposed in the underlying bill.

(9) Adds provisions to the bill that modify the Public Records Act (PRA) to: (a) Provide that requests for all or substantially all agency records is not a request for identifiable public records, and authorize agencies to deny such requests; (b) provide that multiple records requests made by an automated computer program are not valid requests for records under the PRA, and authorize agencies to deny such requests; and (c) authorize local agencies to ask requestors to respond in a manner to determine whether multiple records requests were generated by an automated computer program.

(10) Eliminates Part II of the underlying second substitute bill establishing the Public Records Commission.

(11) Creates a 15-member Legislative Task Force on Public Records Requests to Local Agencies (Task Force), and provides for its members, payment of expenses, and staff support.

(a) Directs the Task Force to review specified issues with respect to local agencies: (i) The merits of forming a public records commission to administer provisions of the PRA, have jurisdiction over disputes arising under the PRA, and perform functions such as facilitating resolution of disputes through mediation, arbitration, or adjudicative proceedings; (ii) other strategies for resolving disputes related to public records requests; (iii) the survey conducted by the office of the state auditor (SAO) to collect information about the nature, volume, and associated costs of public records requests, and the report submitted by the SAO to the Legislature; and (iv) cost recovery for expenses associated with responding to public records requests, including cost recovery for providing records requested for a commercial purpose.

(b) Authorizes the Task Force to choose or engage an entity or person to serve as a facilitator.

(c) Requires the Task Force to submit a report to the Legislature by November 15, 2016.

(12) Removes a null and void clause added to the bill by the second substitute.

(13) Makes technical changes.