Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government Committee

SB 5395

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Modifying exemptions relating to real estate appraisals.

Sponsors: Senators Roach, Liias, Benton and McCoy.

Brief Summary of Bill

  • Exempts disclosure relating to an agency's consideration to purchase or sell property where public knowledge would likely affect the property price.

Hearing Date: 4/1/15

Staff: Sean Flynn (786-7124).

Background:

The Public Records Act (PRA) requires state and local agencies to make their written records available to the public for inspection and copying upon request, unless the information fits into one of the various specific exemptions. The stated policy of the PRA favors disclosure and requires narrow application of the listed exemptions.

An exemption exists for real property appraisals regarding the acquisition of property made for or by an agency. The exemption lasts until the prospective sale or project is abandoned or all property related to the appraisal has been sold or acquired. The exemption does not apply to appraisals regarding the acquisition of property for the purpose of providing relocation housing.

Summary of Bill:

Documents related to an agency's real estate transactions are exempt from disclosure if the documents are prepared for determining a site or acquisition of property by lease or purchase when public knowledge of such consideration would likely cause an increase in the property price. Documents prepared to consider the minimum selling price of property offered to be sold or leased is exempt when public knowledge would likely cause a decrease in the price. The exemptions for these purposes includes records prepared for the executive session of an agency's governing body.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.