SB 5784, concerning public records disclosure of the legislative branch, is scheduled for a Wednesday public hearing. This bill expands the Public Records Act (PRA) to the legislative branch while creating a series of exemptions for the legislative deliberations. If passed, the legislative branch would be subject to the PRA, but the following records would be exempt from public disclosure:

• Drafts of bills and draft amendments to bills
• Memoranda containing legal, policy or fiscal analyses
• Proposals, offers, counteroffers, or other records related to negotiations
• Any record of how a legislator intends to vote
• Internal caucus communications
• Notes taken by staff for the use of the person taking notes
• Preliminary investigative records
• Personally-identifying information in communication with individuals (does not apply to communications with lobbyists)

Prior to the 2018 legislative session, a media-led coalition filed a lawsuit against the Legislature seeking access to legislative public records. In January, the trial court ruled that the Legislature is subject to the PRA. In response to the court’s ruling, during the 2018 session legislators quickly passed SB 6617 with major bipartisan support, removing the Legislature from the PRA and establishing separate less stringent public disclosure requirements for the Legislature. Following public backlash, Governor Jay Inslee vetoed the measure after legislators agreed not to override his action. The lawsuit remains ongoing and the state Supreme Court has indicated interest in hearing the case.

Dates to remember

SB 5784 is scheduled for a public hearing in the Senate State Government, Tribal Relations & Elections Committee on Wednesday, February 13 at 8 am.