TWN
THE WASHINGTON NEWSPAPER December 2023
Happy holidays to all!
Journal of the Washington Newspaper Publishers Association
Privilege claim for legislators upheld again In a blow to transparency at the Washington State Legislature, a Thurston County Superior Court judge has ruled the law allows state lawmakers to withhold records that are “privileged.” Just what is privileged and what is not remains a murky question under the ruling, but lawmakers appear to be winning in the tug of war with open government advocates. The courts have now ruled twice in favor of some kind of privilege for lawmakers. “It’s a sad day for transparency in Washington state,” said Juli Bunting, executive director of the Washington Coalition for Open Government, one of the petitioners in the case, “when legislators can decide what information they’re going to give to the public and what information they’re not going to give to the public.” In the latest case, Judge Anne Egeler said lawmakers
may withhold “records revealing internal legislative deliberations concerning bills contemplated or introduced in either house of the Legislature.” At the heart of the issue is the claim that the state Constitution’s protection for “words spoken in debate,” applies to legislative records. Egeler said other states have ruled similarly. “State and federal courts recognize that this serves an important public interest by allowing legislators to engage in candid deliberations,” Egeler said. The rulings establishing a privilege come despite the 2019 ruling by the state Supreme Court that lawmakers were subject to the state Public Records Act. Egeler’s said the privilege “does not shield every legislative document” and does not extend to acts outside the legislative process.
State tax notice explained A notice sent by the state Department of Revenue to newspaper publishers contains some confusing language. The notice, intended to help implement Senate Bill 5199, asks “Are there any
exceptions?” and then explains that you need to reduce your tax preference by any “expenditure.” It then goes on to say that an expenditure “means an amount provided in RCW See TAXES Page 2
Michael Dashiell of the Sequim Gazette took a first place in the portrait category for this holiday scene in the 2023 Better Newspaper Contest.
Annual Legislative Day is Feb. 15 Our annual Legislative Day in conjunction with the Washington State Association of Broadcasters and the Allied Daily Newspapers will begin at 10:30 a.m. Feb. 15 in the John A. Cherberg Building, rooms A, B, and C. The day will begin with a discussion of legislative issues facing the news media. A brown bag lunch meeting begins around noon with transportation and general budget panels of legislative leadership followed by a panel of Speaker Laurie Jinkins, Senate Majority Leader Andy Billig, House Republican
Leader Drew Stokesbary and Senate Republican Leader John Braun. Statewide elected officials will speak followed by Washington State Patrol Chief John Batiste and selected agency directors. Following the briefings is reception with the Supreme
Court, where we will hear a report from Bench Bar Press. From there, attendees go to the Governor’s Mansion for a dinner at the Governor’s Mansion with Governor and Mrs. Inslee and selected guests. This event should wrap up at 7:30 to 8 p.m. Lunch, refreshments and dinner will be served at this event. A registration fee will be determined after arrangements have been finalized with the Governor’s Mansion and registration will be handled online at wnpa.com. Watch for the announcement that registrations are open in early January.