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Bill #:  1086

Not tracked  Support

Cost recovery for commercial public records requests

Companion bill #: No Companion Bill.



House - GOV - DEAD


Summary/AWC comments


Today a growing number of local governments are receiving public records requests, often large in nature, from commercial entities. These entities turn around and profit from their requests, often with very little perceived public benefit in proportion to the costs associated with fulfilling the request. In an effort to mitigate the impact of these often onerous requests, local governments are seeking relief through cost recovery mechanisms. HB 1086 seeks to recover the taxpayer dollars expended responding to these commercial entities. Nothing in this bill shall prohibit the public's right to



disclosure of records, nor shall it delay the disclosure of records.







Under HB 1086, when a request for records is made for the primary purpose of sale or resale of all or part of the record, an agency may charge a fee to recover its actual costs in responding to the request. The fee may be a flat fee, a fee per record, or other type of fee, but the fee shall not exceed a reasonable estimate of the actual cost to provide the records. The actual cost may include, but is not limited to, the cost of locating, assembling, reviewing redacting, copying, and providing the record to the requestor.







Before charging the fee, an agency must develop and adopt, with notice and a public hearing, a fee schedule. The agency shall publish the fee schedule along with the methodology by which the fees were established. The agency must also establish an appeals process by which a requestor may appeal the amount, or application, of a fee in writing o the director or chief executive officer of the agency.












Latest version of bill:

Link to WA Legislative bill page

Official title:

AN ACT Relating to establishing a cost recovery mechanism for public records sought for commercial purposes;

Sponsors:

Moeller, Gregerson, Springer, S. Hunt, Fey

Go To Bill #

 

AWC Contacts

Analyst:  Jane Wall
Lobbyist:  Candice Bock

Issue Area

General Government

Additional Info:


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