BILL REQ. #:  S-0059.1 

Read first time 02/25/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to updating public records provisions; amending RCW 36.22.175, 42.17.020, 10.97.140, 42.56.240, 42.56.320, and 43.07.380; adding new sections to chapter 40.14 RCW; creating a new section; and repealing RCW 40.14.010, 40.14.020, 40.14.022, 40.14.024, 40.14.025, 40.14.027, 40.14.030, 40.14.040, 40.14.050, 40.14.060, 40.14.070, 40.14.080, 40.14.100, 40.14.110, 40.14.120, 40.14.130, 40.14.140, 40.14.150, 40.14.160, 40.14.170, and 40.14.180.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 40.14 RCW to read as follows:
     The division of archives and records management is established in the office of the secretary of state to ensure the proper management and safeguarding of public records. All public records remain the property of the state of Washington. Public records must be delivered by outgoing officials and employees to their successors and must be retained, preserved, stored, transferred, destroyed, or disposed of in accordance with this chapter. The state archivist will administer the division and must have reasonable access to all public records, wherever kept, for the purposes of information, surveying, or cataloging.

NEW SECTION.  Sec. 2   A new section is added to chapter 40.14 RCW to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "General retention schedule" means a records retention schedule applicable to any state or local agency.
     (2) "Legislative record" means correspondence, committee bill files, amendments, reports, and minutes of meetings made by or submitted to legislative committees or subcommittees and transcripts or other records of hearings or supplementary written testimony or data thereof filed with committees or subcommittees in connection with the exercise of legislative or investigatory functions. "Legislative record" does not include the records of an official act of the legislature kept by the secretary of state, bills and their copies, published materials, digests, or multicopied matter that are routinely retained and otherwise available at the state library or in a public repository, or reports or correspondence made or received by or in any way under the personal control of the individual members of the legislature.
     (3) "Public record" means "public record" as defined in RCW 42.17.020.
     (4) "Records retention schedule" means a legal document approved by the state or local records committee that specifies required retention periods for a records series and gives agencies ongoing disposition authority for the records series after its approved retention period has been satisfied.
     (5) "Records series" means a class of public records with a specific or common function or purpose of state or local agencies as identified and defined by the state or local records committee.
     (6) "Retention period" means the required amount of time, approved by the state or local records committee, that a state or local government agency is required to retain records within a records series.
     (7) "Unique retention schedule" means a records retention schedule applicable to a specific state or local agency.

NEW SECTION.  Sec. 3   A new section is added to chapter 40.14 RCW to read as follows:
     The state archivist shall:
     (1) Centralize, administer, and manage the archives of the state of Washington, make them available for reference and scholarship, and ensure their proper preservation;
     (2) Inspect, inventory, catalog, and arrange retention and transfer schedules on public records of all state agencies;
     (3) Ensure the maintenance and security of all state agency public records and establish safeguards against their unauthorized removal or destruction;
     (4) Approve of the transfer of local agency records of historical or legal significance as provided by section 7(4) of this act;
     (5) Establish and operate such state records centers as may from time to time be authorized by appropriation, for the purpose of preserving, servicing, screening, and protecting all state agency public records which must be preserved temporarily or permanently, but which need not be retained in office space and equipment;
     (6) Gather and disseminate to interested agencies information on all phases of records management to provide for the efficient and economical management and preservation of public records;
     (7) Operate at cost an imaging service for state or local agency records;
     (8) Approve imaging projects of public records undertaken by state agencies and, upon request, by local agencies, and develop and maintain standards for this work;
     (9) Maintain facilities necessary to review records approved for destruction and to cost-efficiently dispose of them by sale or burning. The destruction of public records as authorized by this chapter must be supervised by the state archivist;
     (10) Assist and train state and local agencies in the proper methods of creating, maintaining, cataloging, indexing, transmitting, storing, and reproducing photographic, optical, electronic, or other images used as public records;
     (11) Solicit, accept, and expend donations as provided in RCW 43.07.037 for the purpose of the archive program. These purposes include, but are not limited to, acquisition, accession, interpretation, and display of archival materials. Donations that do not meet the criteria of the archive program may not be accepted;
     (12) Upon availability of resources, furnish appropriate information, suggestions, and guidelines to local government agencies for their assistance in the preparation of records series and retention schedules or any other matter relating to the retention, preservation, disposition, or destruction of records under this chapter; and
     (13) Adopt rules under chapter 34.05 RCW that:
     (a) Set standards for the durability and permanence of public records maintained by state and local agencies;
     (b) Govern procedures for the creation, maintenance, transmission, cataloging, indexing, storage, or reproduction of photographic, optical, electronic, or other images of public documents or records in a manner consistent with current standards, policies, and procedures of the department of information services for the acquisition of information technology;
     (c) Govern the accuracy and durability of, and facilitate access to, photographic, optical, electronic, or other images used as public records; or
     (d) Carry out any other provision of this chapter.

NEW SECTION.  Sec. 4   A new section is added to chapter 40.14 RCW to read as follows:
     (1)(a) All state agency public records, not required in the current operation of the office where they are made or kept, and all records of every agency, commission, committee, or any other activity of state government which may be abolished or discontinued, shall be transferred to the state archives so that the valuable historical records of the state may be centralized, made more widely available, and ensured permanent preservation. However, this section does not apply to public records approved for destruction under this chapter.
     (b) When transferred, copies of the public records concerned shall be made and certified by the archivist, which certification shall have the same force and effect as though made by the officer originally in charge of them. Fees may be charged to cover the cost of reproduction. In turning over the archives of his or her office, the officer in charge of those archives, or his or her successor, retains the rights of access to them, without charge, whenever necessary.
     (2)(a) Records that are confidential, privileged, or exempt from public disclosure under state or federal law while in the possession of the originating agency, commission, board, committee, or other entity of state or local government retain their confidential, privileged, or exempt status after transfer to the state archives unless the archivist, with the concurrence of the originating jurisdiction, determines that the records must be made accessible to the public according to proper and reasonable rules adopted by the secretary of state, in which case the records may be open to inspection and available for copying after the expiration of seventy-five years from creation of the record. If the originating jurisdiction is no longer in existence, the archivist shall make the determination of availability according to the rules. If, while in the possession of the originating agency, commission, board, committee, or other entity, any record is determined to be confidential, privileged, or exempt from public disclosure under state or federal law for a period of less than seventy-five years, then the record must be made accessible to the public upon the expiration of the shorter period of time according to proper and reasonable rules adopted by the secretary of state.
     (b) Records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenders contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020 that are not required in the current operation of the law enforcement agency or for pending judicial proceedings shall, following the expiration of the applicable schedule of the law enforcement agency's retention of the records, be transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval. Upon electronic retention of any document, the association may destroy the paper copy of the document.
     (c) Any record transferred to the Washington association of sheriffs and police chiefs under (b) of this subsection is no longer a public record under RCW 42.17.020 and is exempt from public disclosure. Such records shall be disseminated only to criminal justice agencies as defined in RCW 10.97.030 to determine if a sex offender meets the criteria of a sexually violent predator as defined in chapter 71.09 RCW.

NEW SECTION.  Sec. 5   A new section is added to chapter 40.14 RCW to read as follows:
     (1) The state records committee is created. Membership on the state records committee consists of the state archivist or his or her designee, a representative appointed by the state auditor, a representative appointed by the attorney general, and a representative appointed by the director of the office of financial management. The appointing authority for each committee member may appoint an alternate member to serve in the absence of the primary appointee.
     (2) The state records committee shall meet at least once every quarter or more often as business dictates. Action by the committee shall be by majority vote and records shall be kept of all committee business. The state records committee may adopt appropriate policies and procedures to be followed in implementing its authority under this chapter.
     (3) The state records committee must approve, modify, or disapprove records retention schedules for state agency public records and must act upon requests to dispose of or to destroy such records. However, any modification of a request or recommendation must be approved by the head of the agency originating the request or recommendation.
     (4) The state records committee shall establish general retention schedules for state agency records when practical. Upon a determination of the state records committee, unique retention schedules may be approved for a state agency. The committee's determination shall include consideration of factors justifying the use of a unique retention schedule in lieu of, or the absence of, a general retention schedule.
     (5) Except as otherwise provided by law, no public records of a state agency shall be disposed of or destroyed until approved for disposition or destruction by the state records committee. State agencies may apply for authority to dispose of or destroy public records having no further administrative or legal value by submitting retention schedules for approval to the state records committee. Submittals shall be made to the state records committee through the division of archives and records management on forms approved by the state records committee. The division shall facilitate the state agency's submittal to the state records committee and provide administrative support as needed.

NEW SECTION.  Sec. 6   A new section is added to chapter 40.14 RCW to read as follows:
     Each department or other agency of the state government shall designate a records officer to supervise its records management and retention program under this chapter and to represent the office in all contacts with the state records committee and the division of archives and records management. The records officer shall:
     (1) Coordinate all aspects of the records management and retention program;
     (2) Inventory, or manage the inventory, of all public records at least once during a biennium for disposition scheduling and transfer action, in accordance with procedures prescribed by the state archivist and state records committee. However, essential records shall be inventoried and processed in accordance with chapter 40.10 RCW at least annually;
     (3) Consult with any other personnel responsible for maintenance of specific records within the officer's state organization regarding records retention and transfer recommendations;
     (4) Analyze records inventory data, examine and compare divisional or unit inventories for duplication of records, and recommend to the state archivist and state records committee minimal retentions for all copies commensurate with legal, financial, and administrative needs;
     (5) Approve all records inventory and destruction requests which are submitted to the state records committee;
     (6) Review established records retention schedules at least annually to ensure that they are complete and current;
     (7) Exercise internal control over the acquisition of imaging and records storage equipment.
     If a particular agency or department does not wish to transfer records at a time previously scheduled therefor, the records officer shall, within thirty days, notify the archivist and request a change in such previously set schedule, including the officer's reasons therefor.

NEW SECTION.  Sec. 7   A new section is added to chapter 40.14 RCW to read as follows:
     (1)(a) The local records committee is created. Membership on the committee consists of the state archivist or his or her designee, a representative appointed by the state auditor, and a representative appointed by the attorney general. The appointing authority for each committee member may appoint an alternate member to serve in the absence of the primary appointee. The committee shall meet at least once every quarter or more often as business dictates. Records shall be kept of all committee business.
     (b) Approval, amendment, or veto of any retention schedule shall be by unanimous vote of the local records committee. Upon such approval, the retention schedule shall constitute authority for the local agency to dispose of or destroy the records listed thereon consistent with the conditions of the retention schedule.
     (c) The local records committee may adopt appropriate policies and procedures to be followed in implementing its authority under this chapter.
     (2) No local agency public records shall be disposed of or destroyed until the expiration of applicable retention periods on records retention schedules approved by the local records committee.
     (3)(a) The local records committee shall establish general retention schedules for local agency records when practical. Upon a determination of the local records committee, unique retention schedules may be approved for a local agency. The committee's determination shall include consideration of factors justifying the use of a unique retention schedule in lieu of, or the absence of, a general retention schedule.
     (b) Local government agencies may apply for authority to dispose of or destroy public records having no further administrative or legal value by submitting retention schedules for approval to the local records committee. Submittals shall be made to the local records committee through the division of archives and records management on forms approved by the local records committee. The division shall facilitate the local agency's submittal to the local records committee and provide administrative support as needed.
     (c) Except as otherwise provided by law, local agencies may, as an alternative to destroying public records having no further administrative or legal value, donate the public records to the state library, local library, historical society, genealogical society, or similar society or organization. Public records may not be donated under this subsection unless:
     (i) The records are seventy years old or older;
     (ii) The local records committee has approved the destruction of the public records; and
     (iii) The state archivist has determined that the public records have no historic or legal significance.
     (4) Records of local agencies, designated by the archivist as having historical or legal significance, may be transferred to a repository approved by the archivist.

NEW SECTION.  Sec. 8   A new section is added to chapter 40.14 RCW to read as follows:
     Public records shall not be disposed of or destroyed until the expiration of applicable retention periods on records retention schedules approved by the state or local records committee. Unless otherwise provided by state or federal law, rule, or regulation, retention periods approved for records series that serve as primary documentation of official actions, transactions, contracts, or agreements must be at least six years. The state or local records committee may approve retention periods of less than six years for records series that:
     (1) The department of origin of the records has made a satisfactory showing to the state or local records committee that the retention of the records for a minimum of six years is unnecessary and that such records serve only an administrative value; or
     (2) The originals of the official public records less than six years old have been copied or reproduced by any photographic or other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.

NEW SECTION.  Sec. 9   A new section is added to chapter 40.14 RCW to read as follows:
     Nothing in this chapter prohibits a legislator or legislative employee from contributing his or her personal papers to any private library, public library, or the state archives. The state archivist is authorized to receive papers of legislators and legislative employees and is directed to encourage the donation of such personal papers to the state. The state archivist is authorized to establish such guidelines and procedures for the collection of personal papers and correspondence relating to the legislature as the archivist sees fit. Legislators and legislative employees are encouraged to contribute their personal papers to the state for preservation.

NEW SECTION.  Sec. 10   A new section is added to chapter 40.14 RCW to read as follows:
     The chief clerk of the house of representatives or the chief clerk's designee, and the secretary of the senate or the secretary's designee, shall establish requirements and responsibilities for keeping committee minutes and records as part of their instructions to committee chairs and employees.
     The chief clerk or the secretary, with the assistance of the state archivist, shall classify and arrange the legislative records delivered to the chief clerk or secretary in a manner that he or she considers best suited to carry out the efficient and economical utilization, maintenance, preservation, and disposition of the records. The chief clerk or the secretary may deliver to the state archivist all legislative records in his or her possession when such records have been classified and arranged and are no longer needed by either house. The state archivist shall thereafter be custodian of the records so delivered, but shall deliver such records back to either the chief clerk or secretary upon his or her request.
     The committee staff person responsible for maintaining the legislative records of that committee shall, on a scheduled basis agreed upon by the chief clerk of the house of representatives or the chief clerk's designee, and the secretary of the senate or the secretary's designee, deliver to the chief clerk or secretary all legislative records in his or her possession, as long as such records are not required for the regular performance of official duties.

NEW SECTION.  Sec. 11   A new section is added to chapter 40.14 RCW to read as follows:
     The chief clerk of the house of representatives and the secretary of the senate must advise the party caucuses in each house concerning the necessity to keep legislative records. The state archivist or his or her representative shall work with the chief clerk and secretary to provide information and instructions on the best method for keeping legislative records.

NEW SECTION.  Sec. 12   A new section is added to chapter 40.14 RCW to read as follows:
     The chief clerk of the house of representatives or the secretary of the senate shall, with advice of the state archivist, prescribe policies for access to records when such records have been delivered to the state archives for preservation and maintenance.

NEW SECTION.  Sec. 13   A new section is added to chapter 40.14 RCW to read as follows:
     Any sound recording of debate in the house of representatives or senate made by legislative employees shall be preserved by the chief clerk of the house and by the secretary of the senate, respectively, for two years from the end of the session at which the recording is made, and thereafter shall be transmitted to the state archivist. The chief clerk and the secretary shall catalogue or index the recordings in their custody according to a uniform system, in order to allow easy access to the debate on specific questions before either house. The chief clerk of the house of representatives and the secretary of the senate shall make available upon request, at the cost of reproduction, portions of the recordings as may be requested.

NEW SECTION.  Sec. 14   A new section is added to chapter 40.14 RCW to read as follows:
     (1) There is created the archives and records management account in the state treasury which shall consist of all fees and charges collected under this section. The account shall be appropriated exclusively for the payment of costs and expenses incurred in the operation of the division of archives and records management as specified by law.
     (2) The secretary of state and the director of financial management shall jointly establish a procedure and formula for allocating the costs of services provided by the division of archives and records management to state agencies. The total amount allotted for services to state agencies shall not exceed the appropriation to the archives and records management account during any allotment period.

NEW SECTION.  Sec. 15   A new section is added to chapter 40.14 RCW to read as follows:
     The local government archives account is created in the state treasury. All receipts collected under section 16 of this act and RCW 36.22.175 for local government services, such as providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records and digital data and access to those records and data through the regional branch archives of the division of archives and records management, must be deposited into the account, and expenditures from the account may be used only for these purposes.

NEW SECTION.  Sec. 16   A new section is added to chapter 40.14 RCW to read as follows:
     State agencies shall collect a surcharge of twenty dollars from the judgment debtor upon the satisfaction of a warrant filed in superior court for unpaid taxes or liabilities. The surcharge is imposed on the judgment debtor in the form of a penalty in addition to the filing fee provided in RCW 36.18.012(10). The surcharge revenue shall be transmitted to the state treasurer for deposit in the local government archives account under section 15 of this act.
     Surcharge revenue shall be expended by the secretary of state exclusively for disaster recovery, essential records protection services, and records management training for local government agencies by the division of archives and records management. The secretary of state shall, with local government representatives, establish a committee to advise the state archivist on the local government archives and records management program.

NEW SECTION.  Sec. 17   A new section is added to chapter 40.14 RCW to read as follows:
     The imaging account is created in the custody of the state treasurer. All receipts collected for contract imaging, micrographics, reproduction, and duplication services provided by the division of archives and records management must be deposited into the account, and expenditures from the account may be used only for these purposes. Only the secretary of state or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 18   RCW 36.22.175 and 2008 c 328 s 6006 are each amended to read as follows:
     (1)(a) In addition to any other charge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for each document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for deposit in the local government archives account under ((RCW 40.14.024)) section 15 of this act. These funds shall be used solely for providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and indexing for local government records and digital data and access to those records and data through the regional branch archives of the division of archives and records management.
     (b) The division of archives and records management within the office of the secretary of state shall provide records management training for local governments and shall establish a competitive grant program to solicit and prioritize project proposals from local governments for potential funding to be paid for by funds from the auditor surcharge and tax warrant surcharge revenues. Application for specific projects may be made by local government agencies only. The state archivist in consultation with the advisory committee established under ((RCW 40.14.027)) section 16 of this act shall adopt rules governing project eligibility, evaluation, awarding of grants, and other criteria including requirements for records management training for grant recipients.
     (2) The advisory committee established under ((RCW 40.14.027)) section 16 of this act shall review grant proposals and establish a prioritized list of projects to be considered for funding by January 1st of each even-numbered year, beginning in 2002. The evaluation of proposals and development of the prioritized list must be developed through open public meetings. Funding for projects shall be granted according to the ranking of each application on the prioritized list and projects will be funded only to the extent that funds are available. A grant award may have an effective date other than the date the project is placed on the prioritized list.
     (3)(a) In addition to any other surcharge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for every document recorded after January 1, 2002. Revenue generated through this surcharge shall be transmitted to the state treasurer monthly for deposit in the local government archives account under ((RCW 40.14.024)) section 15 of this act to be used exclusively for: (i) The construction and improvement of a specialized regional facility located in eastern Washington designed to serve the archives, records management, and digital data management needs of local government; and (ii) payment of the certificate of participation issued for the Washington state heritage center to the extent there is an excess fund balance in the account and fees generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments on the certificate of participation.
     (b) To the extent the facilities are used for the storage and retrieval of state agency records and digital data, that portion of the construction of such facilities used for state government records and data shall be supported by other charges and fees paid by state agencies and shall not be supported by the surcharge authorized in this subsection, except that to the extent there is an excess fund balance in the account and fees generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments for the Washington state heritage center, the local government archives account under ((RCW 40.14.024)) section 15 of this act may be used for the Washington state heritage center.
     (c) At such time that all debt service from construction of the specialized regional archive facility located in eastern Washington has been paid, fifty percent of the surcharge authorized by this subsection shall be reverted to the centennial document preservation and modernization account as prescribed in RCW 36.22.170 and fifty percent of the surcharge authorized by this section shall be reverted to the state treasurer for deposit in the archives and records management account to serve the archives, records management, and digital data management needs of local government, except that the state treasurer shall not revert funds to the centennial document preservation and modernization account and to the archives and records management account if fees generated under RCW 36.18.010 and 43.07.128 are insufficient to meet debt service payments on the Washington state heritage center.

NEW SECTION.  Sec. 19   A new section is added to chapter 40.14 RCW to read as follows:
     This chapter does not repeal or modify any other acts or parts of acts authorizing the retention or destruction of public records. This chapter does not affect the provisions of chapter 40.07 RCW requiring the deposit of all state publications in the state library or the confidentiality of the bill drafting records of the code reviser's office.

Sec. 20   RCW 42.17.020 and 2008 c 6 s 201 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
     (2) "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.
     (3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
     (4) "Ballot proposition" means any "measure" as defined by RCW 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.
     (5) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
     (6) "Bona fide political party" means:
     (a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter 29A.20 RCW;
     (b) The governing body of the state organization of a major political party, as defined in RCW 29A.04.086, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
     (c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.
     (7) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
     (8) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
     (9) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:
     (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;
     (b) Announces publicly or files for office;
     (c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or
     (d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
     (10) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
     (11) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
     (12) "Commission" means the agency established under RCW 42.17.350.
     (13) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
     (14) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
     (15)(a) "Contribution" includes:
     (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
     (ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, the person or persons named on the candidate's or committee's registration form who direct expenditures on behalf of the candidate or committee, or their agents;
     (iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
     (iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
     (b) "Contribution" does not include:
     (i) Standard interest on money deposited in a political committee's account;
     (ii) Ordinary home hospitality;
     (iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
     (iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
     (v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
     (vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;
     (vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;
     (viii) Legal or accounting services rendered to or on behalf of:
     (A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
     (B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws; or
     (ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in (b)(vi) of this subsection or for payment by the candidate or political committee for whom the services are performed as long as:
     (A) The person performs solely ministerial functions;
     (B) A person who is paid by two or more candidates or political committees is identified by the candidates and political committees on whose behalf services are performed as part of their respective statements of organization under RCW 42.17.040; and
     (C) The person does not disclose, except as required by law, any information regarding a candidate's or committee's plans, projects, activities, or needs, or regarding a candidate's or committee's contributions or expenditures that is not already publicly available from campaign reports filed with the commission, or otherwise engage in activity that constitutes a contribution under (a)(ii) of this subsection.
     A person who performs ministerial functions under this subsection (15)(b)(ix) is not considered an agent of the candidate or committee as long as he or she has no authority to authorize expenditures or make decisions on behalf of the candidate or committee.
     (c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
     (16) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
     (17) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
     (18) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
     (19) "Election cycle" means the period beginning on the first day of January after the date of the last previous general election for the office that the candidate seeks and ending on December 31st after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on December 31st after the special election.
     (20) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission, United States postal service mailing, billboard, newspaper, or periodical that:
     (a) Clearly identifies a candidate for a state, local, or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate's name;
     (b) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any election for that office in the jurisdiction in which the candidate is seeking election; and
     (c) Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market value of five thousand dollars or more.
     (21) "Electioneering communication" does not include:
     (a) Usual and customary advertising of a business owned by a candidate, even if the candidate is mentioned in the advertising when the candidate has been regularly mentioned in that advertising appearing at least twelve months preceding his or her becoming a candidate;
     (b) Advertising for candidate debates or forums when the advertising is paid for by or on behalf of the debate or forum sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
     (c) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is:
     (i) Of primary interest to the general public;
     (ii) In a news medium controlled by a person whose business is that news medium; and
     (iii) Not a medium controlled by a candidate or a political committee;
     (d) Slate cards and sample ballots;
     (e) Advertising for books, films, dissertations, or similar works (i) written by a candidate when the candidate entered into a contract for such publications or media at least twelve months before becoming a candidate, or (ii) written about a candidate;
     (f) Public service announcements;
     (g) A mailed internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
     (h) An expenditure by or contribution to the authorized committee of a candidate for state, local, or judicial office; or
     (i) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
     (22) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.
     (23) "Final report" means the report described as a final report in RCW 42.17.080(2).
     (24) "General election" for the purposes of RCW 42.17.640 means the election that results in the election of a person to a state office. It does not include a primary.
     (25) "Gift," is as defined in RCW 42.52.010.
     (26) "Immediate family" includes the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person.
     (27) "Incumbent" means a person who is in present possession of an elected office.
     (28) "Independent expenditure" means an expenditure that has each of the following elements:
     (a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
     (b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
     (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.
     (29)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
     (b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
     (c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.
     (d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
     (30) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.
     (31) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.
     (32) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.
     (33) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.
     (34) "Ministerial functions" means an act or duty carried out as part of the duties of an administrative office without exercise of personal judgment or discretion.
     (35) "Participate" means that, with respect to a particular election, an entity:
     (a) Makes either a monetary or in-kind contribution to a candidate;
     (b) Makes an independent expenditure or electioneering communication in support of or opposition to a candidate;
     (c) Endorses a candidate prior to contributions being made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent;
     (d) Makes a recommendation regarding whether a candidate should be supported or opposed prior to a contribution being made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent; or
     (e) Directly or indirectly collaborates or consults with a subsidiary corporation or local unit on matters relating to the support of or opposition to a candidate, including, but not limited to, the amount of a contribution, when a contribution should be given, and what assistance, services or independent expenditures, or electioneering communications, if any, will be made or should be made in support of or opposition to a candidate.
     (36) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.
     (37) "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, the term "person in interest" means and includes the parent or duly appointed legal representative.
     (38) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support or opposition in any election campaign.
     (39) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
     (40) "Primary" for the purposes of RCW 42.17.640 means the procedure for nominating a candidate to state office under chapter 29A.52 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29A.52 RCW.
     (41) "Public office" means any federal, state, judicial, county, city, town, school district, port district, special district, or other state political subdivision elective office.
     (42) "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)) section 2 of this act 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.
     (43) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29A.56.120 and ending thirty days after the recall election.
     (44) "Sponsor of an electioneering communications, independent expenditures, or political advertising" means the person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.
     (45) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.
     (46) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.
     (47) "State official" means a person who holds a state office.
     (48) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.
     (49) "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.
     As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

Sec. 21   RCW 10.97.140 and 2005 c 274 s 207 are each amended to read as follows:
     Nothing in ((RCW 40.14.060 or 40.14.070)) section 4 of this act or chapter 42.56 RCW precludes dissemination of criminal history record information, including nonconviction data, for the purposes of this chapter.

Sec. 22   RCW 42.56.240 and 2008 c 276 s 202 are each amended to read as follows:
     The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:
     (1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
     (2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
     (3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to ((RCW 40.14.070)) section 4(2)(b) of this act;
     (4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies;
     (5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator; and
     (6) The statewide gang database referenced in RCW 43.43.762.

Sec. 23   RCW 42.56.320 and 2005 c 274 s 412 are each amended to read as follows:
     The following educational information is exempt from disclosure under this chapter:
     (1) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW;
     (2) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units;
     (3) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes; and
     (4) Except for public records as defined in ((RCW 40.14.040)) section 2 of this act, any records or documents obtained by a state college, university, library, or archive through or concerning any gift, grant, conveyance, bequest, or devise, the terms of which restrict or regulate public access to those records or documents.

Sec. 24   RCW 43.07.380 and 2008 c 222 s 13 are each amended to read as follows:
     The Washington state legacy project, state library, and archives account is created in the custody of the state treasurer. All moneys received under RCW 43.07.370 must be deposited in the account. Expenditures from the account may be made only for the purposes of the Washington state legacy project under RCW 43.07.363, archives program under ((RCW 40.14.020)) chapter 40.14 RCW, and the state library program under chapter 27.04 RCW. Only the secretary of state or the secretary of state's designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

NEW SECTION.  Sec. 25   The following acts or parts of acts are each repealed:
     (1) RCW 40.14.010 (Definition and classification of public records) and 1996 c 71 s 1, 1982 c 36 s 3, 1981 c 32 s 4, 1971 ex.s. c 102 s 1, & 1957 c 246 s 1;
     (2) RCW 40.14.020 (Division of archives and records management--State archivist -- Powers and duties -- Duties of public officials) and 2002 c 358 s 4 & 1995 c 326 s 1;
     (3) RCW 40.14.022 (Division of archives and records management--Imaging account) and 2003 c 163 s 2;
     (4) RCW 40.14.024 (Division of archives and records management--Local government archives account) and 2008 c 328 s 6005;
     (5) RCW 40.14.025 (Division of archives and records management--Allocation of costs of services -- Archives and records management account) and 2003 c 163 s 1, 1996 c 245 s 3, 1991 sp.s. c 13 s 5, 1985 c 57 s 22, & 1981 c 115 s 4;
     (6) RCW 40.14.027 (Public archives and records management services -- Judgment debtor surcharge) and 2003 c 163 s 4, 2001 c 146 s 4, 1996 c 245 s 4, 1995 c 292 s 17, & 1994 c 193 s 2;
     (7) RCW 40.14.030 (Transfer to state archives -- Certified copies, cost -- Public disclosure) and 2003 c 305 s 1 & 1957 c 246 s 3;
     (8) RCW 40.14.040 (Records officers -- Designation -- Powers and duties) and 1982 c 36 s 4, 1979 c 151 s 51, 1973 c 54 s 3, & 1957 c 246 s 4;
     (9) RCW 40.14.050 (Records committee -- Composition, travel expenses, meetings, powers and duties -- Retention schedules) and 1985 c 192 s 1, 1975-'76 2nd ex.s. c 34 s 83, & 1957 c 246 s 5;
     (10) RCW 40.14.060 (Destruction, disposition of official public records or office files and memoranda -- Record retention schedules) and 1999 c 326 s 1, 1982 c 36 s 5, 1979 c 151 s 52, 1973 c 54 s 4, & 1957 c 246 s 6;
     (11) RCW 40.14.070 (Destruction, disposition, donation of local government records -- Preservation for historical interest -- Local records committee, duties -- Record retention schedules -- Sealed records) and 2005 c 227 s 1, 2003 c 240 s 1, 1999 c 326 s 2, 1995 c 301 s 71, 1982 c 36 s 6, 1973 c 54 s 5, 1971 ex.s. c 10 s 1, & 1957 c 246 s 7;
     (12) RCW 40.14.080 (Chapter not to affect other laws) and 1983 c 3 s 84 & 1957 c 246 s 8;
     (13) RCW 40.14.100 (Legislative records -- Defined) and 1971 ex.s. c 102 s 2;
     (14) RCW 40.14.110 (Legislative records -- Contribution of papers by legislators and employees) and 1971 ex.s. c 102 s 3;
     (15) RCW 40.14.120 (Legislative records -- "Clerk," "secretary" defined) and 1971 ex.s. c 102 s 4;
     (16) RCW 40.14.130 (Legislative records -- Duties of legislative officials, employees and state archivist -- Delivery of records--Custody -- Availability) and 1971 ex.s. c 102 s 5;
     (17) RCW 40.14.140 (Legislative records -- Party caucuses to be advised -- Information and instructions) and 1971 ex.s. c 102 s 6;
     (18) RCW 40.14.150 (Legislative records -- Use for research) and 1971 ex.s. c 102 s 7;
     (19) RCW 40.14.160 (Legislative records -- Rules for access to records) and 1971 ex.s. c 102 s 8;
     (20) RCW 40.14.170 (Legislative records -- Sound recordings) and 1971 ex.s. c 102 s 9; and
     (21) RCW 40.14.180 (Legislative records -- Construction--Confidentiality of bill drafting records) and 1983 c 3 s 85 & 1971 ex.s. c 102 s 10.

NEW SECTION.  Sec. 26   Part headings used in this act are not any part of the law.