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The Washington State Attorney General issued an opinion concluding that a county’s real property assessment rolls, in an electronic form which could be sorted by property owner name, are "lists of individuals" which cannot be produced under the "commercial purpose prohibition" of the Public Records Act, RCW 42.56.0070(8).

The "commercial purpose prohibition" states that agencies "shall not" "give, sell or provide access to lists of individuals" when requested for a "commercial purpose." RCW 42.56.0070(8). In an earlier 1980 Attorney General Opinion, issued when assessment rolls were only available to requesters in hard copy, static form, the Attorney General opined that records identifying property owners in alphabetical order were "lists of individuals" prohibited from disclosure under the "commercial purpose prohibition," but that similar lists organized by parcel description were not: the AGO reasoned that those lists were still fundamentally lists of real property.

On November 17, 2017, the Joint Legislative Audit and Review Committee (JLARC) issued guidance on the new reporting requirements enacted by the legislature in 2017. Engrossed Substitute House Bill 1594, which became effective July 23, 2017, requires all agencies to maintain a log of all public records requests submitted to the agency, and imposes more detailed reporting requirements for agencies that spend at least $100,000 on staff and legal costs associated with fulfilling public records requests in the past fiscal year. See RCW 40.14.026(4), (5). These detailed reporting requirements include the average time to acknowledge and close out records requests; the number of requests abandoned by requesters; the type of requester (i.e., law firm, media, incarcerated persons, etc.), to the extent that information is known; and the estimated agency staff time spent on each request. RCW 40.14.026(5).

The JLARC guidance document provides agencies direction on the detailed reporting requirements, including (1) how to calculate the $100,000 threshold and (2) for agencies exceeding the $100,000 threshold, what data they should be collecting for submission by July 1, 2018.

Local Open Government Blog covers the latest in open government across the Pacific Northwest, including the Public Records Act, the Open Public Meetings Act, public disclosure, campaign finance and the Freedom of Information Act.

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