wa-law.org > bill > 2025-26 > SB 5920 > Original Bill
Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (8) or (9) of this section, this chapter, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.
For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption.
Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:
Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;
Administrative staff manuals and instructions to staff that affect a member of the public;
Planning policies and goals, and interim and final planning decisions;
Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:
Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and
Make available for public inspection and copying all indexes maintained for agency use.
Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records:
All records issued before July 1, 1990, for which the agency has maintained an index;
Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;
Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;
Interpretive statements as defined in RCW 34.05.010 that were entered after June 30, 1990; and
Policy statements as defined in RCW 34.05.010 that were entered after June 30, 1990.
Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes.
A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if:
It has been indexed in an index available to the public; or
Parties affected have timely notice (actual or constructive) of the terms thereof.
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Each agency may establish, maintain, and make available for public inspection and copying a statement of the actual costs that it charges for providing photocopies or electronically produced copies, of public records and a statement of the factors and manner used to determine the actual costs. Any statement of costs may be adopted by an agency only after providing notice and public hearing.
i.(A) In determining the actual cost for providing copies of public records, an agency may include all costs directly incident to copying such public records including:
(I) The actual cost of the paper and the per page cost for use of agency copying equipment; and
(II) The actual cost of the electronic production or file transfer of the record and the use of any cloud-based data storage and processing service.
(B) In determining other actual costs for providing copies of public records, an agency may include all costs directly incident to:
(I) Shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used; and
(II) Transmitting such records in an electronic format, including the cost of any transmission charge and use of any physical media device provided by the agency.
ii. In determining the actual costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records. Staff time to copy and send the requested public records may be included in an agency's costs.
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i. Except for requests by news media, parents or guardians of students enrolled in the district, or district employees, school districts may establish a supplementary cost schedule, in addition to any determination of costs under (a) of this subsection, for requests that are overly burdensome in terms of amount of information, staff time, materials produced, or other administrative or overhead costs.
ii. A school district must notify the requestor when such a cost schedule would apply, provide a total of the costs, and receive acceptance from the requestor for the charges before processing the request.
iii. The supplementary cost schedule may be based on the amount of information, staff time, materials produced, or other administrative or overhead costs. Costs must be limited to the direct costs of processing the request. Processing costs may include costs associated with staff time used to locate, compile, produce, review, or copy records, including reviewing and responding to the request. Any charge or rate applied for the use of staff time may not exceed the hourly rate of the staff fulfilling the request.
iv. Any district opting to utilize a supplementary cost schedule must adopt a formal school district policy that is publicly available.
v. Any individual may request a waiver of the supplementary cost schedule based on a showing of financial hardship.
vi. The Washington state school directors' association may establish a model supplementary cost schedule and model policy for when school districts may impose such costs, including application of a waiver based on financial hardship.
This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative procedure act.
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Except for requests made by news media, parents or guardians of students enrolled in the district, or district employees, school districts may petition a court to:
Deny requests that are vague, overly broad, or unreasonable in scope, including requests that do not have enough information and requests that contain an excessive amount of information or require more than a reasonable effort to clarify; or
Issue a protective order against a request found to have sought records with the intent to substantially interrupt the performance of a government function. The court may consider a requestor's pattern or history of requests when resolving a complaint.
Prior to petitioning a court under (a) of this subsection, a school district must notify the requestor of the district's determination and provide the requestor with an opportunity to clarify or narrow the request. If the requestor fails to respond after 30 days or provides a response that does not clarify or narrow the request, a school district may petition a court as provided under this subsection.
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A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under this chapter, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency's records.
A request for a recording required to be maintained by a school district board of directors under RCW 42.30.035(2) shall only be considered a valid request for an identifiable record when the date of the recording, or a range of dates, is specified in the request. When searching for and providing identifiable recordings, no search criteria except date must be considered by the school district.
Public records shall be available for inspection and copying, and agencies shall, upon request for identifiable public records, make them promptly available to any person including, if applicable, on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure. Except as provided in RCW 42.56.070(9), agencies shall not deny a request for identifiable public records solely on the basis that the request is overbroad. Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(8) or 42.56.240(14), or other statute which exempts or prohibits disclosure of specific information or records to certain persons. Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency. Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. Except for requests made to school districts, no official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page. A records request to a school district must be made to the designated public records officer, as described in RCW 42.56.580 and section 3 of this act, including the use of any school district provided form or web page.
An agency may deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four hour period, if the agency establishes that responding to the multiple requests would cause excessive interference with other essential functions of the agency. For purposes of this subsection, "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script.
A school district must provide clear and accessible instructions on how to submit a public records request on the district's website, including designation of a public records officer and contact information.
No public agency, public official, public employee, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record if the public agency, public official, public employee, or custodian acted in good faith in attempting to comply with the provisions of this chapter.
No school district or school district employee shall be liable, nor shall a cause of action exist, for any loss or damage based upon the denial or delay of the release of a public record if the school district or school district employee acted in good faith in attempting to comply with the provisions of this chapter.
Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):
Providing the record;
Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;
Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;
Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or
Denying the public record request.
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Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.
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School districts are authorized additional time to respond to out-of-state requests.
A school district must provide an out-of-state requestor a reasonable estimate of the time the district will require to respond to the request.
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For a school district of the second class as defined in RCW 28A.300.065, additional time required to respond to a request may also be based upon the resources of the school district, including available staff and administrative or overhead resources.
A school district of the second class must provide a requestor a reasonable estimate of the time the district will require to respond to the request.
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In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking.
If the requestor fails to respond to an agency request to clarify the request, and the entire request is unclear, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it. Otherwise, the agency must respond, pursuant to this section, to those portions of the request that are clear.
Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
"News media" means any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution.
"Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.
"Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who:
Do not serve in an administrative capacity;
Have not been appointed by the agency to an agency board, commission, or internship; and
Do not have a supervisory role or delegated agency authority.
"Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
This chapter does not affect any existing right under the federal family education rights and privacy act of 1974, 20 U.S.C. Sec. 1232g, as in effect on January 1, 2026, and RCW 28A.605.030.