Chapter §18.3 History of RCW 42.56.550(4)

• Jurisdiction: Washington

§18.3 HISTORY OF RCW 42.56.550(4)

The original Public Records Act, adopted in 1972, allowed a person who prevailed against a public agency to recover attorney fees. Laws of 1973 ch. 1 §34 (Initiative Measure No. 276, approved Nov. 7, 1972). It also authorized courts to award an amount not to exceed $25 for each day the person was denied the right to inspect or copy the public records. Id. This provision was not modified until 1992. Laws of 1992, ch. 139, §8. At that time former subsection (3) was moved to subsection (4), a provision was inserted authorizing recovery of attorney fees if an agency failed to respond to a public records request within a reasonable amount of time, and the penalty provisions were modified.

Before the change, the penalty sentence read as follows: "In addition, it shall be within the discretion of the court to award such person an amount not to exceed twenty-five dollars for each day that he was denied the right to inspect or copy said public record." RCW 42.17.340(3) (1991), quoted in Coal, on Gov't Spying (COGS) v. King Cnty. Dep't of Pub. Safety, 59 Wn.App. 856, 861, 801 P.2d 1009 (1990).

This language was changed in 1992 as follows: "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 twenty-five one hundred dollars for each day that he was denied the right to inspect or copy said public record." Laws of 1992, ch. 139, §8 (codified at RCW 42.17.340(4)). Thus, instead of having a totally discretionary penalty provision with a limit of $25 per day, the legislature inserted a minimum of $5 a day and increased the maximum...