PRA/lists of individuals

AN ACT Relating to disclosure of lists of individuals under the 1
public records act; and amending RCW 42.56.070. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 42.56.070 and 2017 c 304 s 1 are each amended to 4
read as follows: 5
(1) Each agency, in accordance with published rules, shall make 6
available for public inspection and copying all public records, 7
unless the record falls within the specific exemptions of subsection 8
(8) of this section, this chapter, or other statute which exempts or 9
prohibits disclosure of specific information or records. To the 10
extent required to prevent an unreasonable invasion of personal 11
privacy interests protected by this chapter, an agency shall delete 12
identifying details in a manner consistent with this chapter when it 13
makes available or publishes any public record; however, in each 14
case, the justification for the deletion shall be explained fully in 15
writing. 16
(2) For informational purposes, each agency shall publish and 17
maintain a current list containing every law, other than those listed 18
in this chapter, that the agency believes exempts or prohibits 19
disclosure of specific information or records of the agency. An 20
H-2827.1
HOUSE BILL 2391
State of Washington 69th Legislature 2026 Regular Session
By Representatives Doglio, Parshley, Ramel, Fosse, and Pollet
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 2391
agency's failure to list an exemption shall not affect the efficacy 1
of any exemption. 2
(3) Each local agency shall maintain and make available for 3
public inspection and copying a current index providing identifying 4
information as to the following records issued, adopted, or 5
promulgated after January 1, 1973: 6
(a) Final opinions, including concurring and dissenting opinions, 7
as well as orders, made in the adjudication of cases;8
(b) Those statements of policy and interpretations of policy, 9
statute, and the Constitution which have been adopted by the agency;10
(c) Administrative staff manuals and instructions to staff that 11
affect a member of the public; 12
(d) Planning policies and goals, and interim and final planning 13
decisions; 14
(e) Factual staff reports and studies, factual consultant's 15
reports and studies, scientific reports and studies, and any other 16
factual information derived from tests, studies, reports, or surveys, 17
whether conducted by public employees or others; and18
(f) Correspondence, and materials referred to therein, by and 19
with the agency relating to any regulatory, supervisory, or 20
enforcement responsibilities of the agency, whereby the agency 21
determines, or opines upon, or is asked to determine or opine upon, 22
the rights of the state, the public, a subdivision of state 23
government, or of any private party. 24
(4) A local agency need not maintain such an index, if to do so 25
would be unduly burdensome, but it shall in that event:26
(a) Issue and publish a formal order specifying the reasons why 27
and the extent to which compliance would unduly burden or interfere 28
with agency operations; and 29
(b) Make available for public inspection and copying all indexes 30
maintained for agency use. 31
(5) Each state agency shall, by rule, establish and implement a 32
system of indexing for the identification and location of the 33
following records: 34
(a) All records issued before July 1, 1990, for which the agency 35
has maintained an index; 36
(b) Final orders entered after June 30, 1990, that are issued in 37
adjudicative proceedings as defined in RCW 34.05.010 and that contain 38
an analysis or decision of substantial importance to the agency in 39
carrying out its duties; 40
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(c) Declaratory orders entered after June 30, 1990, that are 1
issued pursuant to RCW 34.05.240 and that contain an analysis or 2
decision of substantial importance to the agency in carrying out its 3
duties; 4
(d) Interpretive statements as defined in RCW 34.05.010 that were 5
entered after June 30, 1990; and 6
(e) Policy statements as defined in RCW 34.05.010 that were 7
entered after June 30, 1990. 8
Rules establishing systems of indexing shall include, but not be 9
limited to, requirements for the form and content of the index, its 10
location and availability to the public, and the schedule for 11
revising or updating the index. State agencies that have maintained 12
indexes for records issued before July 1, 1990, shall continue to 13
make such indexes available for public inspection and copying. 14
Information in such indexes may be incorporated into indexes prepared 15
pursuant to this subsection. State agencies may satisfy the 16
requirements of this subsection by making available to the public 17
indexes prepared by other parties but actually used by the agency in 18
its operations. State agencies shall make indexes available for 19
public inspection and copying. State agencies may charge a fee to 20
cover the actual costs of providing individual mailed copies of 21
indexes. 22
(6) A public record may be relied on, used, or cited as precedent 23
by an agency against a party other than an agency and it may be 24
invoked by the agency for any other purpose only if:25
(a) It has been indexed in an index available to the public; or26
(b) Parties affected have timely notice (actual or constructive) 27
of the terms thereof. 28
(7) Each agency may establish, maintain, and make available for 29
public inspection and copying a statement of the actual costs that it 30
charges for providing photocopies or electronically produced copies, 31
of public records and a statement of the factors and manner used to 32
determine the actual costs. Any statement of costs may be adopted by 33
an agency only after providing notice and public hearing.34
(a)(i) In determining the actual cost for providing copies of 35
public records, an agency may include all costs directly incident to 36
copying such public records including: 37
(A) The actual cost of the paper and the per page cost for use of 38
agency copying equipment; and 39
p. 3 HB 2391
(B) The actual cost of the electronic production or file transfer 1
of the record and the use of any cloud-based data storage and 2
processing service. 3
(ii) In determining other actual costs for providing copies of 4
public records, an agency may include all costs directly incident to:5
(A) Shipping such public records, including the cost of postage 6
or delivery charges and the cost of any container or envelope used; 7
and 8
(B) Transmitting such records in an electronic format, including 9
the cost of any transmission charge and use of any physical media 10
device provided by the agency. 11
(b) In determining the actual costs for providing copies of 12
public records, an agency may not include staff salaries, benefits, 13
or other general administrative or overhead charges, unless those 14
costs are directly related to the actual cost of copying the public 15
records. Staff time to copy and send the requested public records may 16
be included in an agency's costs. 17
(8)(a) This chapter shall not be construed as giving authority to 18
any agency, the office of the secretary of the senate, or the office 19
of the chief clerk of the house of representatives to give, sell or 20
provide access to lists of individuals requested for commercial , 21
solicitation, or fundraising purposes, and agencies, the office of 22
the secretary of the senate, and the office of the chief clerk of the 23
house of representatives shall not do so unless specifically 24
authorized or directed by law: PROVIDED, HOWEVER, That lists of 25
applicants for professional licenses and of professional licensees 26
shall be made available to those professional associations or 27
educational organizations recognized by their professional licensing 28
or examination board, upon payment of a reasonable charge therefor: 29
PROVIDED FURTHER, That such recognition may be refused only for a 30
good cause pursuant to a hearing under the provisions of chapter 31
34.05 RCW, the administrative procedure act. 32
(b) For the purposes of this subsection, "solicitation" means the 33
act or an instance of requesting or seeking to obtain something. 34
Solicitation does not include efforts by a labor organization to 35
identify, contact, or communicate with public employees for the 36
purpose of determining interest in, or preparing for, collective 37
bargaining representation.38
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