Transparency ombuds study

AN ACT Relating to enhancing access to public records through 1
studying the efficacy of establishing the Washington office of 2
transparency ombuds as an independent state agency; creating new 3
sections; and providing an expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. It is the intent of the legislature to 6
reaffirm its commitment to open, transparent, and accountable 7
governance through commissioning a broad-based study on the 8
establishment of the Washington office of transparency ombuds as a 9
nonpartisan and independent agency. The legislature finds that 10
residents of Washington have every right to know how their elected 11
officials and government agencies come to critical decisions which 12
impact their livelihoods so greatly. Barriers to accessing these 13
records only act as a disservice to the public. The legislature 14
further intends to build upon the foundation set by the voters 15
through their adoption of Initiative Measure No. 276, also known as 16
the public records act, by ensuring individuals have an independent 17
advocate holding lawmakers and public agencies accountable as 18
stewards of official public records.19
H-0154.1
HOUSE BILL 1055
State of Washington 69th Legislature 2025 Regular Session
By Representatives Abbarno, Low, Leavitt, Penner, Marshall, and
Pollet
Prefiled 12/12/24. Read first time 01/13/25. Referred to Committee
on State Government & Tribal Relations.
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NEW SECTION. Sec. 2. (1) Subject to the availability of amounts 1
appropriated for this specific purpose, the joint legislative audit 2
and review committee, in coordination with the joint legislative 3
committee on transparency established under section 3 of this act, a 4
representative from the office of the attorney general who works in 5
the area of open government, and the public records exemptions 6
accountability committee created under RCW 42.56.140, shall conduct a 7
study on the efficacy of establishing the Washington office of 8
transparency ombuds as an independent state agency to assist 9
individuals with accessing public records.10
(2) At a minimum, the study must: 11
(a) Include a comprehensive overview and comparison of each 12
state's public records laws, right to know laws, open government 13
laws, or other substantially related laws which seek to provide 14
public access to government-produced or maintained records. The 15
comparison must identify the aspects of chapter 42.56 RCW that are 16
similar to the related laws of other states, as well as the aspects 17
of chapter 42.56 RCW which substantially differ from related laws of 18
other states; 19
(b) Evaluate states with independent state agencies dedicated to 20
serving individuals who seek to access public records, and provide 21
findings from the evaluation. Included in the states that must be 22
evaluated for the purpose of this subsection is Pennsylvania and the 23
Pennsylvania office of open records. This evaluation must include, 24
but is not limited to a review of: 25
(i) Each state's public records and open government laws;26
(ii) Each state's appeals processes available to individuals who 27
submit a public records request and are denied their request or 28
receive an incomplete response from the agency; 29
(iii) Whether litigation pertaining to public records requests 30
has decreased after the creation of the state's independent agency; 31
and 32
(iv) Resources provided by the state to assist individuals in 33
understanding public records and open government laws, and how to 34
access public records; 35
(c) Determine the efficacy of establishing an independent state 36
agency in Washington dedicated to promoting open government and 37
assisting individuals to access public records. Efficacy must be 38
measured by: 39
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(i) Potential cost savings from reduced litigation costs 1
associated with public records requests and from decreased workloads 2
for employees who process or otherwise respond to public records 3
requests; 4
(ii) Increased ease of access to public records created or 5
maintained by state or local government; 6
(iii) Potential additional resources that would be made available 7
by an independent agency to assist individuals in understanding 8
public records laws and regulations; and 9
(iv) The prospect of an independent agency to provide individuals 10
with alternative avenues for appeal or relief when a person's public 11
records request is denied, or when the agency's response to a 12
person's public records request is incomplete or untimely; and13
(d) Recommend appropriate duties of the Washington office of 14
transparency ombuds. 15
(3) The joint legislative audit and review committee must submit 16
a report, in compliance with RCW 43.01.036, on the findings of the 17
study conducted pursuant to this section to the appropriate 18
committees of the legislature by December 1, 2026.19
NEW SECTION. Sec. 3. (1) The joint legislative committee on 20
transparency is established to coordinate with the joint legislative 21
audit and review committee, a representative from the office of the 22
attorney general who works in the area of open government, and the 23
public records exemptions accountability committee created under RCW 24
42.56.140 in conducting and completing the study required under 25
section 2 of this act.26
(2) The committee shall consist of the following members:27
(a) One member from each of the two largest caucuses in the house 28
of representatives, one appointed by the speaker of the house of 29
representatives and one appointed by the minority leader of the house 30
of representatives; 31
(b) One member from each of the two largest caucuses in the 32
senate, one appointed by the majority leader of the senate and one 33
appointed by the minority leader of the senate; 34
(c) The chair of the public records exemptions accountability 35
committee; 36
(d) Four representatives from media and broadcasting 37
organizations, with the senate majority leader, senate minority 38
leader, speaker of the house of representatives, and the minority 39
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leader of the house of representatives each appointing one 1
representative; 2
(e) One member appointed by the governor; 3
(f) One member appointed by the attorney general; and4
(g) One representative from the joint legislative audit and 5
review committee, which may include committee staff, selected by the 6
joint legislative audit and review committee created under RCW 7
44.28.010. 8
(3) Senate committee services and the office of program research 9
shall provide staff support to the committee. 10
(4) Legislative members of the committee must be reimbursed for 11
travel expenses in accordance with RCW 44.04.120. Nonlegislative 12
members, except those representing an employer or organization, are 13
entitled to be reimbursed for travel expenses in accordance with RCW 14
43.03.050 and 43.03.060. 15
(5) The chair of the public records exemptions accountability 16
committee shall serve as chair of the committee. The committee may, 17
if desired and by a majority vote of the members, select a different 18
chair from among its membership. 19
(6) The chair shall convene an initial meeting of the committee 20
by June 1, 2026. The committee must meet at least once a month and 21
may hold additional meetings at the call of the chair or by a 22
majority vote of the members of the committee. Meetings required 23
under this subsection may be held virtually. 24
(7) Based on the findings of the study conducted pursuant to 25
section 2 of this act, and by December 1, 2026, the committee shall 26
make recommendations, in compliance with RCW 43.01.036, to the 27
legislature related to the efficacy of establishing the Washington 28
office of transparency ombuds as a nonpartisan and independent state 29
agency to assist individuals with accessing public records. The 30
committee may make additional recommendations related to improving 31
public records access. 32
NEW SECTION. Sec. 4. This act expires December 31, 2026.33
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