| Passed by the House March 4, 2005 Yeas 96 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2005 Yeas 46 BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1133 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
| Approved May 4, 2005. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 4, 2005 - 3:29 p.m. Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/15/05.
AN ACT Relating to creating the public records act by recodifying and making technical changes to existing law; amending RCW 2.64.111, 9.41.097, 9.41.129, 10.29.030, 10.29.090, 10.97.080, 10.97.140, 10.98.200, 10.99.090, 13.40.570, 15.19.080, 15.26.295, 15.28.315, 15.44.185, 15.58.060, 15.65.203, 15.66.105, 15.86.110, 15.88.170, 16.67.180, 18.27.120, 18.32.040, 18.39.450, 18.44.031, 18.51.290, 18.64.420, 18.71.0195, 18.71.340, 18.106.320, 18.130.085, 18.130.095, 18.130.110, 18.130.175, 19.28.171, 19.34.240, 19.80.065, 19.230.190, 21.20.855, 21.30.170, 22.09.640, 26.12.170, 26.23.120, 27.53.070, 28A.320.160, 28A.410.095, 28B.85.020, 28C.10.050, 29A.04.225, 29A.60.070, 29A.60.140, 30.04.075, 30.04.230, 30.04.410, 31.12.565, 31.45.030, 31.45.077, 31.45.090, 32.04.220, 32.32.228, 32.32.275, 33.04.110, 34.05.325, 35.02.130, 35.21.228, 35.21.759, 35.102.040, 35A.21.300, 36.01.210, 36.28A.060, 36.57.120, 36.57A.170, 36.70B.220, 36.70C.120, 36.102.200, 39.10.100, 40.07.040, 41.05.026, 41.06.160, 41.06.167, 41.06.450, 41.06.455, 42.17.245, 42.17.251, 42.17.260, 42.17.270, 42.17.305, 42.17.311, 42.17.340, 42.17.341, 42.17.348, 42.48.030, 42.52.050, 42.52.810, 43.06A.050, 43.21L.120, 43.22.434, 43.33A.025, 43.43.856, 43.52.570, 43.52.612, 43.70.050, 43.70.510, 44.05.080, 46.12.380, 46.12.390, 46.20.041, 46.20.118, 47.64.220, 48.02.065, 48.20.530, 48.21.330, 48.30A.060, 48.32A.185, 48.44.470, 48.46.540, 48.62.101, 48.94.010, 48.104.050, 50.13.015, 50.13.030, 50.13.040, 50.13.060, 50.13.080, 50.38.060, 51.36.120, 52.14.100, 69.41.044, 69.41.280, 69.45.090, 70.02.090, 70.38.095, 70.41.150, 70.44.315, 70.45.030, 70.47.150, 70.77.455, 70.95C.220, 70.102.020, 70.120.100, 70.148.060, 70.149.090, 70.168.070, 70.168.090, 70.190.060, 72.09.116, 72.09.225, 73.04.030, 74.09A.020, 74.13.500, 74.13.515, 74.13.525, 74.34.063, 74.39A.200, 74.46.820, 76.09.060, 80.04.095, 81.104.115, 81.112.180, 82.32.410, 84.08.210, 84.40.020, 90.14.068, and 90.80.135; reenacting and amending RCW 66.28.180, 71.05.390, 82.32.330, and 42.17.310; adding a new chapter to Title 42 RCW; creating new sections; recodifying RCW 42.17.250, 42.17.251, 42.17.255, 42.17.258, 42.17.260, 42.17.270, 42.17.280, 42.17.290, 42.17.295, 42.17.300, 42.17.305, 42.17.310, 42.17.311, 42.17.320, 42.17.325, 42.17.330, 42.17.340, 42.17.341, and 42.17.348; repealing RCW 42.17.312, 42.17.313, 42.17.314, 42.17.315, 42.17.316, 42.17.317, 42.17.318, 42.17.319, 42.17.31901, 42.17.31902, 42.17.31903, 42.17.31904, 42.17.31905, 42.17.31906, 42.17.31907, 42.17.31908, 42.17.31909, 42.17.31910, 42.17.31911, 42.17.31912, 42.17.31913, 42.17.31914, 42.17.31915, 42.17.31916, 42.17.31917, 42.17.31918, 42.17.31919, 42.17.31920, and 42.17.31921; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that chapter 42.17 RCW
contains laws relating to several discrete subjects. Therefore, the
purpose of this act is to recodify some of those laws and create a new
chapter in the Revised Code of Washington that contains laws pertaining
to public records.
NEW SECTION. Sec. 101 The definitions in RCW 42.17.020 apply
throughout this chapter.
NEW SECTION. Sec. 102 This chapter may be known and cited as the
public records act.
NEW SECTION. Sec. 103 The following
sections are each
recodified as a new chapter in Title
RCW 42.17.250
RCW 42.17.251
RCW 42.17.255
RCW 42.17.258
RCW 42.17.260
RCW 42.17.270
RCW 42.17.280
RCW 42.17.290
RCW 42.17.295
RCW 42.17.300
RCW 42.17.305
RCW 42.17.310
RCW 42.17.311
RCW 42.17.320
RCW 42.17.325
RCW 42.17.330
RCW 42.17.340
RCW 42.17.341
RCW 42.17.348
Sec. 201 RCW 2.64.111 and 1989 c 367 s 6 are each amended to read
as follows:
All pleadings, papers, evidence records, and files of the
commission, including complaints and the identity of complainants,
compiled or obtained during the course of an investigation or initial
proceeding involving the discipline or retirement of a judge or
justice, are exempt from the public disclosure requirements of chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act) during such investigation or initial proceeding. As of the date
of a public hearing, all those records of the initial proceeding that
were the basis of a finding of probable cause are subject to the public
disclosure requirements of chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act).
Sec. 202 RCW
9.41.097 and 1994 sp.s. c 7 s 412 are each amended
to read as follows:
(1) The department of social and health services, mental health
institutions, and other health care facilities shall, upon request of
a court or law enforcement agency, supply such relevant information as
is necessary to determine the eligibility of a person to possess a
pistol or to be issued a concealed pistol license under RCW 9.41.070 or
to purchase a pistol under RCW 9.41.090.
(2) Mental health information received by: (a) The department of
licensing pursuant to RCW 9.41.047 or 9.41.170; (b) an issuing
authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police
or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law
enforcement agency pursuant to subsection (1) of this section, shall
not be disclosed except as provided in ((RCW 42.17.318)) section 404(4)
of this act.
Sec. 203 RCW 9.41.129 and 1994 sp.s. c 7 s 417 are each amended
to read as follows:
The department of licensing may keep copies or records of
applications for concealed pistol licenses provided for in RCW
9.41.070, copies or records of applications for alien firearm licenses,
copies or records of applications to purchase pistols provided for in
RCW 9.41.090, and copies or records of pistol transfers provided for in
RCW 9.41.110. The copies and records shall not be disclosed except as
provided in ((RCW 42.17.318)) section 404(4) of this act.
Sec. 204 RCW 10.29.030 and 1980 c 146 s 3 are each amended to
read as follows:
(1) The organized crime advisory board shall have the authority, by
a three-fourths vote at a regularly constituted meeting, to petition
the Washington state supreme court for an order appointing a special
inquiry judge as prescribed by this section. Such vote may be on its
own motion or pursuant to a request from the prosecuting attorney of
any county. In the event of such request from a prosecuting attorney
the board shall vote on the question promptly. A petition filed under
this section shall state the general crimes or wrongs to be inquired
into and shall state the reasons why said crimes or wrongs are such
that a statewide special inquiry judge should be authorized to
investigate. The supreme court may order the appointment of a
statewide special inquiry judge, in accordance with the petition, for
a term of six calendar months. Upon petition by the special
prosecutor, and with the approval of the majority of the members of the
organized crime advisory board, the supreme court, by order, may extend
the term of the statewide special inquiry judge for three months. The
term of the statewide special inquiry judge may subsequently be
extended in the same manner for additional three-month periods.
(2) If the petition is granted, the supreme court shall designate
a judge of a superior court to act as a special inquiry judge. The
supreme court shall ensure that sufficient visiting judges are made
available to the superior court from which the appointment is made in
order to compensate for any loss of judicial time.
(3) All of the information and data collected and processed by the
organized crime advisory board and the petition filed with the supreme
court shall be confidential and not subject to examination or
publication pursuant to chapter ((42.17 RCW (Initiative Measure No.
276), as now existing or hereafter amended)) 42.-- RCW (the new chapter
created in section 103 of this act), except as provided by rules of the
supreme court of Washington in the case of the petition.
Sec. 205 RCW 10.29.090 and 1980 c 146 s 9 are each amended to
read as follows:
Within ten days of his or her appointment, a special prosecutor
selected under this chapter shall submit to the organized crime
advisory board an operating budget to fund the activities of his or her
office. The budget may include, but shall not be limited to, funds for
the hiring of assistant special prosecutors, investigators, and
clerical staff. Upon the approval of the budget by a majority of the
members of the board, the costs and expenses of the prosecutor's
operating budget shall be paid for by the state out of the organized
crime prosecution revolving fund. Further operating budgets shall be
proposed, approved, and funded pursuant to this section if the term of
a statewide special inquiry judge is extended pursuant to RCW
10.29.030.
Vouchers and other budget and accounting records of a special
inquiry judge proceeding including such records of the special
prosecutor shall be subject to audit by the state auditor but shall not
be public records within the meaning of chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act).
Sec. 206 RCW 10.97.080 and 1979 ex.s. c 36 s 3 are each amended
to read as follows:
All criminal justice agencies shall permit an individual who is, or
who believes that he may be, the subject of a criminal record
maintained by that agency, to appear in person during normal business
hours of that criminal justice agency and request to see the criminal
history record information held by that agency pertaining to the
individual. The individual's right to access and review of criminal
history record information shall not extend to data contained in
intelligence, investigative, or other related files, and shall not be
construed to include any information other than that defined as
criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available
forms to facilitate the inspection and review of criminal history
record information by the subjects thereof, which rules may include
requirements for identification, the establishment of reasonable
periods of time to be allowed an individual to examine the record, and
for assistance by an individual's counsel, interpreter, or other
appropriate persons.
No person shall be allowed to retain or mechanically reproduce any
nonconviction data except for the purpose of challenge or correction
when the person who is the subject of the record asserts the belief in
writing that the information regarding such person is inaccurate or
incomplete. The provisions of chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act) shall not be construed to
require or authorize copying of nonconviction data for any other
purpose.
The Washington state patrol shall establish rules for the challenge
of records which an individual declares to be inaccurate or incomplete,
and for the resolution of any disputes between individuals and criminal
justice agencies pertaining to the accuracy and completeness of
criminal history record information. The Washington state patrol shall
also adopt rules for the correction of criminal history record
information and the dissemination of corrected information to agencies
and persons to whom inaccurate or incomplete information was previously
disseminated. Such rules may establish time limitations of not less
than ninety days upon the requirement for disseminating corrected
information.
Sec. 207 RCW 10.97.140 and 1999 c 326 s 4 are each amended to
read as follows:
Nothing in RCW 40.14.060((,)) or 40.14.070((,)) or ((42.17.310))
chapter 42.-- RCW (the new chapter created in section 103 of this act)
precludes dissemination of criminal history record information,
including nonconviction data, for the purposes of this chapter.
Sec. 208 RCW 10.98.200 and 2003 c 104 s 1 are each amended to
read as follows:
(1) The legislature finds that each of the state's justice agencies
and the courts have developed independent information systems to
address independent management and planning needs, that the state's
justice information system is fragmented, and that access to complete,
accurate, and timely justice information is difficult and inefficient.
(2) The legislature declares that the purpose of chapter 104, Laws
of 2003 is to develop and maintain, in a cost-effective manner, a
statewide network of criminal justice information that enables sharing
and integrated delivery of justice information maintained in the
state's independent information systems and that will:
(a) Maximize standardization of data and communications technology
among law enforcement agencies, jails, prosecuting attorneys, the
courts, corrections, and licensing;
(b) Reduce redundant data collection and input efforts;
(c) Reduce or eliminate paper-based information exchanges;
(d) Improve work flow within the criminal justice system;
(e) Provide complete, accurate, and timely information to criminal
justice agencies and courts in a single computer session; and
(f) Maintain security and privacy rights respecting criminal
justice information.
(3) Statewide coordination of criminal justice information will
improve:
(a) The safety of the public and the safety of law enforcement
officers and other public servants, by making more complete, accurate,
and timely information concerning offenders available to all criminal
justice agencies and courts;
(b) Decision making, by increasing the availability of statistical
measures for review, evaluation, and promulgation of public policy; and
(c) Access to complete, accurate, and timely information by the
public, to the extent permitted pursuant to chapters 10.97 and ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act).
(4) The legislature encourages state and local criminal justice
agencies and courts to collaborate in the development of justice
information systems, as criminal justice agencies and courts collect
the most complete, accurate, and timely information regarding
offenders.
(5) The legislature finds that the implementation, operation, and
continuing enhancement of a statewide justice information network that
enables sharing and integrated delivery of information maintained in
the state's independent information systems is critical to the
complete, accurate, and timely performance of criminal background
checks and to the effective communications between and among law
enforcement, the courts, executive agencies, and political subdivisions
of the state. The legislature further finds and declares that it is in
the best interests of the citizens of the state and for the enhancement
of public safety that the Washington integrated justice information
board be created as soon as possible.
(6) The legislature finds that the intent, purpose, and goals of
chapter 104, Laws of 2003 will be implemented most effectively by a
board having the power, authority, and responsibility to develop,
maintain, and enhance a statewide justice information network that
enables sharing and integrated delivery of justice information
maintained in the state's independent information systems.
Sec. 209 RCW 10.99.090 and 2004 c 18 s 3 are each amended to read
as follows:
(1) By December 1, 2004, the association shall develop a written
model policy on domestic violence committed or allegedly committed by
sworn employees of agencies. In developing the policy, the association
shall convene a work group consisting of representatives from the
following entities and professions:
(a) Statewide organizations representing state and local
enforcement officers;
(b) A statewide organization providing training and education for
agencies having the primary responsibility of serving victims of
domestic violence with emergency shelter and other services; and
(c) Any other organization or profession the association determines
to be appropriate.
(2) Members of the work group shall serve without compensation.
(3) The model policy shall provide due process for employees and,
at a minimum, meet the following standards:
(a) Provide prehire screening procedures reasonably calculated to
disclose whether an applicant for a sworn employee position:
(i) Has committed or, based on credible sources, has been accused
of committing an act of domestic violence;
(ii) Is currently being investigated for an allegation of child
abuse or neglect or has previously been investigated for founded
allegations of child abuse or neglect; or
(iii) Is currently or has previously been subject to any order
under RCW 26.44.063, this chapter, chapter 10.14 or 26.50 RCW, or any
equivalent order issued by another state or tribal court;
(b) Provide for the mandatory, immediate response to acts or
allegations of domestic violence committed or allegedly committed by a
sworn employee of an agency;
(c) Provide to a sworn employee, upon the request of the sworn
employee or when the sworn employee has been alleged to have committed
an act of domestic violence, information on programs under RCW
26.50.150;
(d) Provide for the mandatory, immediate reporting by employees
when an employee becomes aware of an allegation of domestic violence
committed or allegedly committed by a sworn employee of the agency
employing the sworn employee;
(e) Provide procedures to address reporting by an employee who is
the victim of domestic violence committed or allegedly committed by a
sworn employee of an agency;
(f) Provide for the mandatory, immediate self-reporting by a sworn
employee to his or her employing agency when an agency in any
jurisdiction has responded to a domestic violence call in which the
sworn employee committed or allegedly committed an act of domestic
violence;
(g) Provide for the mandatory, immediate self-reporting by a sworn
employee to his or her employing agency if the employee is currently
being investigated for an allegation of child abuse or neglect or has
previously been investigated for founded allegations of child abuse or
neglect, or is currently or has previously been subject to any order
under RCW 26.44.063, this chapter, chapter 10.14 or 26.50 RCW, or any
equivalent order issued by another state or tribal court;
(h) Provide for the performance of prompt separate and impartial
administrative and criminal investigations of acts or allegations of
domestic violence committed or allegedly committed by a sworn employee
of an agency;
(i) Provide for appropriate action to be taken during an
administrative or criminal investigation of acts or allegations of
domestic violence committed or allegedly committed by a sworn employee
of an agency. The policy shall provide procedures to address, in a
manner consistent with applicable law and the agency's ability to
maintain public safety within its jurisdiction, whether to relieve the
sworn employee of agency-issued weapons and other agency-issued
property and whether to suspend the sworn employee's power of arrest or
other police powers pending resolution of any investigation;
(j) Provide for prompt and appropriate discipline or sanctions
when, after an agency investigation, it is determined that a sworn
employee has committed an act of domestic violence;
(k) Provide that, when there has been an allegation of domestic
violence committed or allegedly committed by a sworn employee, the
agency immediately make available to the alleged victim the following
information:
(i) The agency's written policy on domestic violence committed or
allegedly committed by sworn employees;
(ii) Information, including but not limited to contact information,
about public and private nonprofit domestic violence advocates and
services; and
(iii) Information regarding relevant confidentiality policies
related to the victim's information;
(l) Provide procedures for the timely response, consistent with
chapters ((42.17)) 42.-- (the new chapter created in section 103 of
this
act) and 10.97 RCW, to an alleged victim's inquiries into the
status of the administrative investigation and the procedures the
agency will follow in an investigation of domestic violence committed
or allegedly committed by a sworn employee;
(m) Provide procedures requiring an agency to immediately notify
the employing agency of a sworn employee when the notifying agency
becomes aware of acts or allegations of domestic violence committed or
allegedly committed by the sworn employee within the jurisdiction of
the notifying agency; and
(n) Provide procedures for agencies to access and share domestic
violence training within their jurisdiction and with other
jurisdictions.
(4) By June 1, 2005, every agency shall adopt and implement a
written policy on domestic violence committed or allegedly committed by
sworn employees of the agency that meet the minimum standards specified
in this section. In lieu of developing its own policy, the agency may
adopt the model policy developed by the association under this section.
In developing its own policy, or before adopting the model policy, the
agency shall consult public and private nonprofit domestic violence
advocates and any other organizations and professions the agency finds
appropriate.
(5)(a) Except as provided in this section, not later than June 30,
2006, every sworn employee of an agency shall be trained by the agency
on the agency's policy required under this section.
(b) Sworn employees hired by an agency on or after March 1, 2006,
shall, within six months of beginning employment, be trained by the
agency on the agency's policy required under this section.
(6)(a) By June 1, 2005, every agency shall provide a copy of its
policy developed under this section to the association and shall
provide a statement notifying the association of whether the agency has
complied with the training required under this section. The copy and
statement shall be provided in electronic format unless the agency is
unable to do so. The agency shall provide the association with any
revisions to the policy upon adoption.
(b) The association shall maintain a copy of each agency's policy
and shall provide to the governor and legislature not later than
January 1, 2006, a list of those agencies that have not developed and
submitted policies and those agencies that have not stated their
compliance with the training required under this section.
(c) The association shall, upon request and within its resources,
provide technical assistance to agencies in developing their policies.
Sec. 210 RCW 13.40.570 and 1999 c 72 s 1 are each amended to read
as follows:
(1) When the secretary has reasonable cause to believe that sexual
intercourse or sexual contact between an employee and an offender has
occurred, notwithstanding any rule adopted under chapter 41.06 RCW the
secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings to
terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the
evidence, to have had sexual intercourse or sexual contact with the
offender; or
(b) Upon a guilty plea or conviction for any crime specified in
chapter 9A.44 RCW when the victim was an offender.
(3) When the secretary has reasonable cause to believe that sexual
intercourse or sexual contact between the employee of a contractor and
an offender has occurred, the secretary shall require the employee of
a contractor to be immediately removed from any employment position
which would permit the employee to have any access to any offender.
(4) The secretary shall disqualify for employment with a contractor
in any position with access to an offender, any person:
(a) Who is found by the department, based on a preponderance of the
evidence, to have had sexual intercourse or sexual contact with the
offender; or
(b) Upon a guilty plea or conviction for any crime specified in
chapter 9A.44 RCW when the victim was an offender.
(5) The secretary, when considering the renewal of a contract with
a contractor who has taken action under subsection (3) or (4) of this
section, shall require the contractor to demonstrate that there has
been significant progress made in reducing the likelihood that any of
its employees will have sexual intercourse or sexual contact with an
offender. The secretary shall examine whether the contractor has taken
steps to improve hiring, training, and monitoring practices and whether
the employee remains with the contractor. The secretary shall not
renew a contract unless he or she determines that significant progress
has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under
this section shall be considered discharged for misconduct.
(b)(i) The department may, within its discretion or upon request of
any member of the public, release information to an individual or to
the public regarding any person or contract terminated under this
section.
(ii) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470 is immune from civil liability
for damages for any discretionary release of relevant and necessary
information, unless it is shown that the official, employee, or agency
acted with gross negligence or in bad faith. The immunity provided
under this section applies to the release of relevant and necessary
information to other public officials, public employees, or public
agencies, and to the public.
(iii) Except as provided in chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act), or elsewhere, nothing
in this section shall impose any liability upon a public official,
public employee, or public agency for failing to release information
authorized under this section. Nothing in this section implies that
information regarding persons designated in subsection (2) of this
section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this section.
The rules shall reflect the legislative intent that this section
prohibits individuals who are employed by the department or a
contractor of the department from having sexual intercourse or sexual
contact with offenders. The rules shall also reflect the legislative
intent that when a person is employed by the department or a contractor
of the department, and has sexual intercourse or sexual contact with an
offender against the employed person's will, the termination provisions
of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or supervision
of the department; and
(c) "Sexual intercourse" and "sexual contact" have the meanings
provided in RCW 9A.44.010.
Sec. 211 RCW 15.19.080 and 1998 c 154 s 28 are each amended to
read as follows:
The department shall not disclose information obtained under this
chapter regarding the purchases, sales, or production of an individual
American ginseng grower or dealer, except for providing reports to the
United States fish and wildlife service. This information is exempt
from public disclosure required by chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act).
Sec. 212 RCW 15.26.295 and 2002 c 313 s 67 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 213 RCW 15.28.315 and 2002 c 313 s 68 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 214 RCW 15.44.185 and 2002 c 313 s 69 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 215 RCW 15.58.060 and 1989 c 380 s 4 are each amended to
read as follows:
(1) The applicant for registration shall file a statement with the
department which shall include:
(a) The name and address of the applicant and the name and address
of the person whose name will appear on the label, if other than the
applicant's;
(b) The name of the pesticide;
(c) The complete formula of the pesticide, including the active and
inert ingredients: PROVIDED, That confidential business information of
a proprietary nature is not made available to any other person and is
exempt from disclosure as a public record, as provided by RCW 42.17.260
(as recodified by this act);
(d) Other necessary information required for completion of the
department's application for registration form; and
(e) A complete copy of the labeling accompanying the pesticide and
a statement of all claims to be made for it, including the directions
and precautions for use.
(2) The director may require a full description of the tests made
and the results thereof upon which the claims are based.
(3) The director may prescribe other necessary information by rule.
Sec. 216 RCW 15.65.203 and 2002 c 313 s 18 are each amended to
read as follows:
(1) Pursuant to ((RCW 42.17.31907)) section 418 of this act,
certain agricultural business records, commodity board records, and
department of agriculture records relating to commodity boards and
producers of agricultural commodities are exempt from public
disclosure.
(2) Financial and commercial information and records submitted to
either the department or a commodity board for the purpose of
administering this chapter or a marketing order or agreement may be
shared between the department and the applicable commodity board. They
may also be used, if required, in any suit or administrative hearing
involving this chapter or a marketing order or agreement.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of a
number of persons subject to any marketing order or agreement as long
as the statements do not identify the information furnished by any
person; or
(b) The publication by the director or a commodity board of the
name
of any person violating any marketing order or agreement and a
statement of the manner of the violation by that person.
Sec. 217 RCW 15.66.105 and 2002 c 313 s 50 are each amended to
read as follows:
(1) Pursuant to ((RCW 42.17.31907)) section 418 of this act,
certain agricultural business records, commodity commission records,
and department of agriculture records relating to commodity commissions
and producers of agricultural commodities are exempt from public
disclosure.
(2) Financial and commercial information and records submitted to
either the department or a commodity commission for the purpose of
administering this chapter or a marketing order may be shared between
the department and the applicable commodity commission. They may also
be used, if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of a
number of persons subject to any marketing order as long as the
statements do not identify the information furnished by any person; or
(b) The publication by the director or a commodity commission of
the name of any person violating any marketing order and a statement of
the manner of the violation by that person.
Sec. 218 RCW 15.86.110 and 1992 c 71 s 11 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
department shall keep confidential any business related information
obtained under this chapter concerning an entity certified under this
chapter or an applicant for such certification and such information
shall be exempt from public inspection and copying under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
(2) Applications for certification under this chapter and
laboratory analyses pertaining to that certification shall be available
for public inspection and copying.
Sec. 219 RCW 15.88.170 and
2002 c 313 s 70 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 220 RCW 16.67.180 and 2002 c 313 s 71 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 221 RCW 18.27.120 and 1983 1st ex.s. c 2 s 20 are each
amended to read as follows:
(1) The department shall compile a list of all contractors
registered under this chapter and update the list at least bimonthly.
The list shall be considered as public record information and shall be
available to the public upon request: PROVIDED, That the department
may charge a reasonable fee under RCW 42.17.300 (as recodified by this
act).
(2) The department shall inform any person, firm, or corporation,
if a contractor is registered, and if a contractor is bonded or
insured, without charge except for a reasonable fee under RCW 42.17.300
(as recodified by this act) for copies made.
Sec. 222 RCW 18.32.040 and 1994 sp.s. c 9 s 211 are each amended
to read as follows:
The commission shall require that every applicant for a license to
practice dentistry shall:
(1) Present satisfactory evidence of graduation from a dental
college, school, or dental department of an institution approved by the
commission;
(2) Submit, for the files of the commission, a recent picture duly
identified and attested; and
(3) Pass an examination prepared or approved by and administered
under the direction of the commission. The dentistry licensing
examination shall consist of practical and written tests upon such
subjects and of such scope as the commission determines. The
commission may accept, in lieu of all or part of a written examination,
a certificate granted by a national or regional testing organization
approved by the commission. The commission shall set the standards for
passing the examination. The secretary shall keep on file the
examination papers and records of examination for at least one year.
This file shall be open for inspection by the applicant or the
applicant's agent unless the disclosure will compromise the examination
process as determined by the commission or is exempted from disclosure
under ((RCW 42.17.250 through 42.17.340)) chapter 42.-- RCW (the new
chapter created in section 103 of this act).
Sec. 223 RCW 18.39.450 and 1994 c 17 s 7 are each amended to read
as follows:
(1) In the event of a finding of unprofessional conduct, the board
shall prepare and serve findings of fact and an order as provided in
chapter 34.05 RCW and the board shall notify the public, which notice
must include press releases to appropriate local news media and the
major news wire services. If the license, registration, endorsement,
or permit holder or applicant is found to have not committed
unprofessional conduct, the board shall immediately prepare and serve
findings of fact and an order of dismissal of the charges. The board
shall retain the findings of fact and order as a permanent record.
(2) The board shall report the issuance of statements of charges
and final orders in cases processed by the board to:
(a) The person or agency who brought to the board's attention
information that resulted in the initiation of the case;
(b) Appropriate organizations, public or private, that serve the
professions; and
(c) Counterpart licensing boards in other states or associations of
state licensing boards.
(3) This section does not require the reporting of information that
is exempt from public disclosure under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act).
Sec. 224 RCW 18.44.031 and 1999 c 30 s 3 are each amended to read
as follows:
An application for an escrow agent license shall be in writing in
such form as is prescribed by the director, and shall be verified on
oath by the applicant. An application for an escrow agent license
shall include fingerprints for all officers, directors, owners,
partners, and controlling persons, and, unless waived by the director,
the following:
(1) The applicant's form of business organization and place of
organization;
(2) If the applicant is a corporation or limited liability company,
the address of its physical location, a list of officers, controlling
persons, and directors of such corporation or company and their
residential addresses, telephone numbers, and other identifying
information as the director may determine by rule. If the applicant is
a sole proprietorship or partnership, the address of its business
location, a list of owners, partners, or controlling persons and their
residential addresses, telephone numbers, and other identifying
information as the director may determine by rule. Any information in
the application regarding the personal residential address or telephone
number of any officer, director, partner, owner, controlling person, or
employee is exempt from the public records disclosure requirements of
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act);
(3) In the event the applicant is doing business under an assumed
name, a copy of the master business license with the registered trade
name shown;
(4) The qualifications and business history of the applicant and
all of its officers, directors, owners, partners, and controlling
persons;
(5) A personal credit report from a recognized credit reporting
bureau satisfactory to the director on all officers, directors, owners,
partners, and controlling persons of the applicant;
(6) Whether any of the officers, directors, owners, partners, or
controlling persons have been convicted of any crime within the
preceding ten years which relates directly to the business or duties of
escrow agents, or have suffered a judgment within the preceding five
years in any civil action involving fraud, misrepresentation, any
unfair or deceptive act or practice, or conversion;
(7) The identity of the licensed escrow officer designated by the
escrow agent as the designated escrow officer responsible for
supervising the agent's escrow activity;
(8) Evidence of compliance with the bonding and insurance
requirements of RCW 18.44.201; and
(9) Any other information the director may require by rule. The
director may share any information contained within a license
application, including fingerprints, with the federal bureau of
investigation and other regulatory or law enforcement agencies.
Sec.225 RCW 18.51.290 and 1980 c 184 s 4 are each amended to
read as follows:
Any writing received, owned, used, or retained by the department in
connection with the provisions of this chapter is a public record and,
as such, is open to public inspection. Copies of such records provided
for public inspection shall comply with RCW 42.17.260(1) (as recodified
by this act). The names of duly authorized officers, employees, or
agents of the department shall be included.
Sec. 226 RCW 18.64.420 and 1991 c 87 s 12 are each amended to
read as follows:
All records, reports, and information obtained by the department
from or on behalf of an entity licensed under chapter 48.20, 48.21,
48.44, or 48.46 RCW shall be confidential and exempt from inspection
and copying under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act). Nothing in this section restricts
the investigation or the proceedings of the board or the department so
long as the board and the department comply with the provisions of
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act). Nothing in this section or in chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act) shall
restrict the board or the department from complying with any mandatory
reporting requirements that exist or may exist under federal law, nor
shall the board or the department be restricted from providing to any
person the name of any nonresident pharmacy that is or has been
licensed or disciplined under RCW 18.64.350 through 18.64.400.
Sec. 227 RCW 18.71.0195 and 1998 c 132 s 2 are each amended to
read as follows:
(1) The contents of any report filed under RCW 18.130.070 shall be
confidential and exempt from public disclosure pursuant to chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act), except that it may be reviewed (a) by the licensee involved or
his or her counsel or authorized representative who may submit any
additional exculpatory or explanatory statements or other information,
which statements or other information shall be included in the file, or
(b) by a representative of the commission, or investigator thereof, who
has been assigned to review the activities of a licensed physician.
Upon a determination that a report is without merit, the
commission's records may be purged of information relating to the
report.
(2) Every individual, medical association, medical society,
hospital, medical service bureau, health insurance carrier or agent,
professional liability insurance carrier, professional standards review
organization, agency of the federal, state, or local government, or the
entity established by RCW 18.71.300 and its officers, agents, and
employees are immune from civil liability, whether direct or
derivative, for providing information to the commission under RCW
18.130.070, or for which an individual health care provider has
immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260.
Sec. 228 RCW 18.71.340 and 1998 c 132 s 7 are each amended to
read as follows:
All entity records are not subject to disclosure pursuant to
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act).
Sec. 229 RCW 18.106.320 and 2002 c 82 s 5 are each amended to
read as follows:
(1) Contractors shall accurately verify and attest to the trainee
hours worked by plumbing trainees on behalf of the contractor and that
all training hours were under the supervision of a certified plumber
and within the proper ratio, and shall provide the supervising
plumbers' names and certificate numbers. However, contractors are not
required to identify which hours a trainee works with a specific
certified plumber.
(2) The department may audit the records of a contractor that has
verified the hours of experience submitted by a plumbing trainee to the
department under RCW 18.106.030 in the following circumstances:
Excessive hours were reported; hours were reported outside the normal
course of the contractor's business; or for other similar circumstances
in which the department demonstrates a likelihood of excessive or
improper hours being reported. The department shall limit the audit to
records necessary to verify hours. The department shall adopt rules
implementing audit procedures. Information obtained from a contractor
under the provisions of this section is confidential and is not open to
public inspection under chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act).
(3) Violation of this section by a contractor is an infraction.
Sec. 230 RCW 18.130.085 and 1993 c 360 s 1 are each amended to
read as follows:
If the department communicates in writing to a complainant, or his
or her representative, regarding his or her complaint, such
communication shall not include the address or telephone number of the
health care provider against whom he or she has complained. The
department shall inform all applicants for a health care provider
license of the provisions of this section and ((RCW 42.17.310)) chapter
42.-- RCW (the new chapter created in section 103 of this act)
regarding the release of address and telephone information.
Sec. 231 RCW 18.130.095 and 1997 c 270 s 1 are each amended to
read as follows:
(1)(a) The secretary, in consultation with the disciplining
authorities, shall develop uniform procedural rules to respond to
public inquiries concerning complaints and their disposition, active
investigations, statement of charges, findings of fact, and final
orders involving a licensee, applicant, or unlicensed person. The
uniform procedural rules adopted under this subsection apply to all
adjudicative proceedings conducted under this chapter and shall include
provisions for establishing time periods for initial assessment,
investigation, charging, discovery, settlement, and adjudication of
complaints, and shall include enforcement provisions for violations of
the specific time periods by the department, the disciplining
authority, and the respondent. A licensee must be notified upon
receipt of a complaint, except when the notification would impede an
effective investigation. At the earliest point of time the licensee
must be allowed to submit a written statement about that complaint,
which statement must be included in the file. Complaints filed after
July 27, 1997, are exempt from public disclosure under chapter ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act)
until the complaint has been initially assessed and determined to
warrant an investigation by the disciplining authority. Complaints
determined not to warrant an investigation by the disciplining
authority are no longer considered complaints, but must remain in the
records and tracking system of the department. Information about
complaints that did not warrant an investigation, including the
existence of the complaint, may be released only upon receipt of a
written public disclosure request or pursuant to an interagency
agreement as provided in (b) of this subsection. Complaints determined
to warrant no cause for action after investigation are subject to
public disclosure, must include an explanation of the determination to
close the complaint, and must remain in the records and tracking system
of the department.
(b) The secretary, on behalf of the disciplining authorities, shall
enter into interagency agreements for the exchange of records, which
may include complaints filed but not yet assessed, with other state
agencies if access to the records will assist those agencies in meeting
their federal or state statutory responsibilities. Records obtained by
state agencies under the interagency agreements are subject to the
limitations on disclosure contained in (a) of this subsection.
(2) The uniform procedures for conducting investigations shall
provide that prior to taking a written statement:
(a) For violation of this chapter, the investigator shall inform
such person, in writing of: (i) The nature of the complaint; (ii) that
the person may consult with legal counsel at his or her expense prior
to making a statement; and (iii) that any statement that the person
makes may be used in an adjudicative proceeding conducted under this
chapter; and
(b) From a witness or potential witness in an investigation under
this chapter, the investigator shall inform the person, in writing,
that the statement may be released to the licensee, applicant, or
unlicensed person under investigation if a statement of charges is
issued.
(3) Only upon the authorization of a disciplining authority
identified in RCW 18.130.040(2)(b), the secretary, or his or her
designee, may serve as the presiding officer for any disciplinary
proceedings of the disciplining authority authorized under this
chapter. Except as provided in RCW 18.130.050(8), the presiding
officer shall not vote on or make any final decision. All functions
performed by the presiding officer shall be subject to chapter 34.05
RCW. The secretary, in consultation with the disciplining authorities,
shall adopt procedures for implementing this subsection.
(4) The uniform procedural rules shall be adopted by all
disciplining authorities listed in RCW 18.130.040(2), and shall be used
for all adjudicative proceedings conducted under this chapter, as
defined by chapter 34.05 RCW. The uniform procedural rules shall
address the use of a presiding officer authorized in subsection (3) of
this section to determine and issue decisions on all legal issues and
motions arising during adjudicative proceedings.
Sec. 232 RCW 18.130.110 and 1989 c 175 s 70 are each amended to
read as follows:
(1) In the event of a finding of unprofessional conduct, the
disciplining authority shall prepare and serve findings of fact and an
order as provided in chapter 34.05 RCW, the Administrative Procedure
Act. If the license holder or applicant is found to have not committed
unprofessional conduct, the disciplining authority shall forthwith
prepare and serve findings of fact and an order of dismissal of the
charges, including public exoneration of the licensee or applicant.
The findings of fact and order shall be retained by the disciplining
authority as a permanent record.
(2) The disciplining authority shall report the issuance of
statements of charges and final orders in cases processed by the
disciplining authority to:
(a) The person or agency who brought to the disciplining
authority's attention information which resulted in the initiation of
the case;
(b) Appropriate organizations, public or private, which serve the
professions;
(c) The public. Notification of the public shall include press
releases to appropriate local news media and the major news wire
services; and
(d) Counterpart licensing boards in other states, or associations
of state licensing boards.
(3) This section shall not be construed to require the reporting of
any information which is exempt from public disclosure under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
Sec. 233 RCW 18.130.175 and 1998 c 132 s 10 are each amended to
read as follows:
(1) In lieu of disciplinary action under RCW 18.130.160 and if the
disciplining authority determines that the unprofessional conduct may
be the result of substance abuse, the disciplining authority may refer
the license holder to a voluntary substance abuse monitoring program
approved by the disciplining authority.
The cost of the treatment shall be the responsibility of the
license holder, but the responsibility does not preclude payment by an
employer, existing insurance coverage, or other sources. Primary
alcoholism or other drug addiction treatment shall be provided by
approved treatment programs under RCW 70.96A.020 or by any other
provider approved by the entity or the commission. However, nothing
shall prohibit the disciplining authority from approving additional
services and programs as an adjunct to primary alcoholism or other drug
addiction treatment. The disciplining authority may also approve the
use of out-of-state programs. Referral of the license holder to the
program shall be done only with the consent of the license holder.
Referral to the program may also include probationary conditions for a
designated period of time. If the license holder does not consent to
be referred to the program or does not successfully complete the
program, the disciplining authority may take appropriate action under
RCW 18.130.160. The secretary shall adopt uniform rules for the
evaluation by the disciplinary authority of a relapse or program
violation on the part of a license holder in the substance abuse
monitoring program. The evaluation shall encourage program
participation with additional conditions, in lieu of disciplinary
action, when the disciplinary authority determines that the license
holder is able to continue to practice with reasonable skill and
safety.
(2) In addition to approving substance abuse monitoring programs
that may receive referrals from the disciplining authority, the
disciplining authority may establish by rule requirements for
participation of license holders who are not being investigated or
monitored by the disciplining authority for substance abuse. License
holders voluntarily participating in the approved programs without
being referred by the disciplining authority shall not be subject to
disciplinary action under RCW 18.130.160 for their substance abuse, and
shall not have their participation made known to the disciplining
authority, if they meet the requirements of this section and the
program in which they are participating.
(3) The license holder shall sign a waiver allowing the program to
release information to the disciplining authority if the licensee does
not comply with the requirements of this section or is unable to
practice with reasonable skill or safety. The substance abuse program
shall report to the disciplining authority any license holder who fails
to comply with the requirements of this section or the program or who,
in the opinion of the program, is unable to practice with reasonable
skill or safety. License holders shall report to the disciplining
authority if they fail to comply with this section or do not complete
the program's requirements. License holders may, upon the agreement of
the program and disciplining authority, reenter the program if they
have previously failed to comply with this section.
(4) The treatment and pretreatment records of license holders
referred to or voluntarily participating in approved programs shall be
confidential, shall be exempt from ((RCW 42.17.250 through 42.17.450))
chapter 42.-- RCW (the new chapter created in section 103 of this act),
and shall not be subject to discovery by subpoena or admissible as
evidence except for monitoring records reported to the disciplining
authority for cause as defined in subsection (3) of this section.
Monitoring records relating to license holders referred to the program
by the disciplining authority or relating to license holders reported
to the disciplining authority by the program for cause, shall be
released to the disciplining authority at the request of the
disciplining authority. Records held by the disciplining authority
under this section shall be exempt from ((RCW 42.17.250 through
42.17.450)) chapter 42.-- RCW (the new chapter created in section 103
of this act) and shall not be subject to discovery by subpoena except
by the license holder.
(5) "Substance abuse," as used in this section, means the
impairment, as determined by the disciplining authority, of a license
holder's professional services by an addiction to, a dependency on, or
the use of alcohol, legend drugs, or controlled substances.
(6) This section does not affect an employer's right or ability to
make employment-related decisions regarding a license holder. This
section does not restrict the authority of the disciplining authority
to take disciplinary action for any other unprofessional conduct.
(7) A person who, in good faith, reports information or takes
action in connection with this section is immune from civil liability
for reporting information or taking the action.
(a) The immunity from civil liability provided by this section
shall be liberally construed to accomplish the purposes of this section
and the persons entitled to immunity shall include:
(i) An approved monitoring treatment program;
(ii) The professional association operating the program;
(iii) Members, employees, or agents of the program or association;
(iv) Persons reporting a license holder as being possibly impaired
or providing information about the license holder's impairment; and
(v) Professionals supervising or monitoring the course of the
impaired license holder's treatment or rehabilitation.
(b) The courts are strongly encouraged to impose sanctions on
clients and their attorneys whose allegations under this subsection are
not made in good faith and are without either reasonable objective,
substantive grounds, or both.
(c) The immunity provided in this section is in addition to any
other immunity provided by law.
Sec. 234 RCW 19.28.171 and 2001 c 211 s 11 are each amended to
read as follows:
The department may audit the records of an electrical contractor
that has verified the hours of experience submitted by an electrical
trainee to the department under RCW 19.28.161(2) in the following
circumstances: Excessive hours were reported; hours reported outside
the normal course of the contractor's business; the type of hours
reported do not reasonably match the type of permits purchased; or for
other similar circumstances in which the department demonstrates a
likelihood of excessive hours being reported. The department shall
limit the audit to records necessary to verify hours. The department
shall adopt rules implementing audit procedures. Information obtained
from an electrical contractor under the provisions of this section is
confidential and is not open to public inspection under chapter ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act).
Sec. 235 RCW 19.34.240 and 1997 c 27 s 11 are each amended to
read as follows:
(1) By accepting a certificate issued by a licensed certification
authority, the subscriber identified in the certificate assumes a duty
to exercise reasonable care to retain control of the private key and
prevent its disclosure to a person not authorized to create the
subscriber's digital signature. The subscriber is released from this
duty if the certificate expires or is revoked.
(2) A private key is the personal property of the subscriber who
rightfully holds it.
(3) A private key in the possession of a state agency or local
agency, as those terms are defined by RCW 42.17.020, is exempt from
public inspection and copying under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act).
Sec. 236 RCW 19.80.065 and 2000 c 171 s 59 are each amended to
read as follows:
RCW 42.17.260(9) (as recodified by this act) does not apply to
registrations made under this chapter.
Sec. 237 RCW 19.230.190 and 2003 c 287 s 21 are each amended to
read as follows:
(1) Except as otherwise provided in subsection (2) of this section,
all information or reports obtained by the director from an applicant,
licensee, or authorized delegate and all information contained in, or
related to, examination, investigation, operating, or condition reports
prepared by, on behalf of, or for the use of the director, or financial
statements, balance sheets, or authorized delegate information, are
confidential and are not subject to disclosure under chapter ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act).
(2) The director may disclose information not otherwise subject to
disclosure under subsection (1) of this section to representatives of
state or federal agencies who agree in writing to maintain the
confidentiality of the information; or if the director finds that the
release is reasonably necessary for the protection of the public and in
the interests of justice.
(3) This section does not prohibit the director from disclosing to
the public a list of persons licensed under this chapter or the
aggregated financial data concerning those licensees.
Sec. 238 RCW 21.20.855 and 1988 c 244 s 16 are each amended to
read as follows:
(1) Examination reports and information obtained by the director or
the director's representatives in conducting examinations pursuant to
RCW 21.20.700 shall not be subject to public disclosure under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
(2) In any civil action in which the reports are sought to be
discovered or used as evidence, any party may, upon notice to the
director, petition the court for an in camera review of the report.
The court may permit discovery and introduction of only those portions
of the report which are relevant and otherwise unobtainable by the
requesting party. This subsection shall not apply to an action brought
or defended by the director.
Sec. 239 RCW 21.30.170 and 1986 c 14 s 18 are each amended to
read as follows:
(1) All information collected, assembled, or maintained by the
director under this chapter is public information and is available for
the examination of the public as provided by chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act) except
the following:
(a) Information obtained in private investigations pursuant to RCW
21.30.100 or 21.30.110;
(b) Information exempt from public disclosure under chapter ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act);
and
(c) Information obtained from federal or state agencies which may
not be disclosed under federal or state law.
(2) The director in the director's discretion may disclose any
information made confidential under subsection (1)(a) of this section
to persons identified in RCW 21.30.180.
(3) No provision of this chapter either creates or derogates from
any privilege which exists at common law, by statute, or otherwise when
any documentary or other evidence is sought under subpoena directed to
the director or any employee of the director.
Sec. 240 RCW 22.09.640 and 1979 ex.s. c 238 s 25 are each amended
to read as follows:
Notwithstanding the provisions of chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act), the department
shall publish annually and distribute to interested parties, a list of
licensed warehouses showing the location, county, capacity, and bond
coverage for each company.
Sec. 241 RCW 26.12.170 and 1994 c 267 s 3 are each amended to
read as follows:
To facilitate and promote the purposes of this chapter, family
court judges and court commissioners may order or recommend family
court services, parenting seminars, drug and alcohol abuse evaluations
and monitoring of the parties through public or private treatment
services, other treatment services, the aid of physicians,
psychiatrists, other specialists, or other services or may recommend
the aid of the pastor or director of any religious denomination to
which the parties may belong.
If the court has reasonable cause to believe that a child of the
parties has suffered abuse or neglect it may file a report with the
proper law enforcement agency or the department of social and health
services as provided in RCW 26.44.040. Upon receipt of such a report
the law enforcement agency or the department of social and health
services will conduct an investigation into the cause and extent of the
abuse or neglect. The findings of the investigation may be made
available to the court if ordered by the court as provided in RCW
42.17.310(((3)))(2) (as recodified by this act). The findings shall be
restricted to the issue of abuse and neglect and shall not be
considered custody investigations.
Sec. 242 RCW 26.23.120 and 1998 c 160 s 4 are each amended to
read as follows:
(1) Any information or records concerning individuals who owe a
support obligation or for whom support enforcement services are being
provided which are obtained or maintained by the Washington state
support registry, the division of child support, or under chapter 74.20
RCW shall be private and confidential and shall only be subject to
public disclosure as provided in subsection (2) of this section.
(2) The secretary of the department of social and health services
may adopt rules:
(a) That specify what information is confidential;
(b) That specify the individuals or agencies to whom this
information and these records may be disclosed;
(c) Limiting the purposes for which the information may be
disclosed;
(d) Establishing procedures to obtain the information or records;
or
(e) Establishing safeguards necessary to comply with federal law
requiring safeguarding of information.
(3) The rules adopted under subsection (2) of this section shall
provide for disclosure of the information and records, under
appropriate circumstances, which shall include, but not be limited to:
(a) When authorized or required by federal statute or regulation
governing the support enforcement program;
(b) To the person the subject of the records or information, unless
the information is exempt from disclosure under ((RCW 42.17.310))
chapter 42.-- RCW (the new chapter created in section 103 of this act);
(c) To government agencies, whether state, local, or federal, and
including federally recognized tribes, law enforcement agencies,
prosecuting agencies, and the executive branch, if the disclosure is
necessary for child support enforcement purposes or required under
Title IV-D of the federal social security act;
(d) To the parties in a judicial or adjudicative proceeding upon a
specific written finding by the presiding officer that the need for the
information outweighs any reason for maintaining the privacy and
confidentiality of the information or records;
(e) To private persons, federally recognized tribes, or
organizations if the disclosure is necessary to permit private
contracting parties to assist in the management and operation of the
department;
(f) Disclosure of address and employment information to the parties
to an action for purposes relating to a child support order, subject to
the limitations in subsections (4) and (5) of this section;
(g) Disclosure of information or records when necessary to the
efficient administration of the support enforcement program or to the
performance of functions and responsibilities of the support registry
and the division of child support as set forth in state and federal
statutes; or
(h) Disclosure of the information or records when authorized under
RCW 74.04.060.
(4) Prior to disclosing the whereabouts of a physical custodian,
custodial parent or a child to the other parent or party, a notice
shall be mailed, if appropriate under the circumstances, to the parent
or physical custodian whose whereabouts are to be disclosed, at that
person's last known address. The notice shall advise the parent or
physical custodian that a request for disclosure has been made and will
be complied with unless the department:
(a) Receives a copy of a court order within thirty days which
enjoins the disclosure of the information or restricts or limits the
requesting party's right to contact or visit the parent or party whose
address is to be disclosed or the child;
(b) Receives a hearing request within thirty days under subsection
(5) of this section; or
(c) Has reason to believe that the release of the information may
result in physical or emotional harm to the physical custodian whose
whereabouts are to be released, or to the child.
(5) A person receiving notice under subsection (4) of this section
may request an adjudicative proceeding under chapter 34.05 RCW, at
which the person may show that there is reason to believe that release
of the information may result in physical or emotional harm to the
person or the child. The administrative law judge shall determine
whether the whereabouts of the person or child should be disclosed
based on subsection (4)(c) of this section, however no hearing is
necessary if the department has in its possession a protective order or
an order limiting visitation or contact.
(6) The notice and hearing process in subsections (4) and (5) of
this section do not apply to protect the whereabouts of a noncustodial
parent, unless that parent has requested notice before whereabouts
information is released. A noncustodial parent may request such notice
by submitting a written request to the division of child support.
(7) Nothing in this section shall be construed as limiting or
restricting the effect of RCW 42.17.260(9) (as recodified by this act).
Nothing in this section shall be construed to prevent the disclosure of
information and records if all details identifying an individual are
deleted or the individual consents to the disclosure.
(8) It shall be unlawful for any person or agency in violation of
this section to solicit, publish, disclose, receive, make use of, or to
authorize, knowingly permit, participate in or acquiesce in the use of
any lists of names for commercial or political purposes or the use of
any information for purposes other than those purposes specified in
this section. A violation of this section shall be a gross misdemeanor
as provided in chapter 9A.20 RCW.
Sec. 243 RCW 27.53.070 and 1975-'76 2nd ex.s. c 82 s 3 are each
amended to read as follows:
It is the declared intention of the legislature that field
investigations on privately owned lands should be discouraged except in
accordance with both the provisions and spirit of this chapter and
persons having knowledge of the location of archaeological sites or
resources are encouraged to communicate such information to the
Washington archaeological research center. Such information shall not
constitute a public record which requires disclosure pursuant to the
exception authorized in ((RCW 42.17.310, as now or hereafter amended,))
chapter 42.-- RCW (the new chapter created in section 103 of this act)
to avoid site depredation.
Sec. 244 RCW 28A.320.160 and 2004 c 29 s 3 are each amended to
read as follows:
School districts must, at the first opportunity but in all cases
within forty-eight hours of receiving a report alleging sexual
misconduct by a school employee, notify the parents of a student
alleged to be the victim, target, or recipient of the misconduct.
School districts shall provide parents with information regarding their
rights under the ((Washington public disclosure)) public records act,
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act), to request the public records regarding school employee
discipline. This information shall be provided to all parents on an
annual basis.
Sec. 245 RCW 28A.410.095 and 2004 c 134 s 1 are each amended to
read as follows:
(1) The superintendent of public instruction may initiate and
conduct investigations as may be reasonably necessary to establish the
existence of any alleged violations of or noncompliance with this
chapter or any rules adopted under it. For the purpose of any
investigation or proceeding under this chapter, the superintendent or
any officer designated by the superintendent may administer oaths and
affirmations, subpoena witnesses and compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records
that the superintendent deems relevant and material to the inquiry.
(2) Investigations conducted by the superintendent of public
instruction concerning alleged sexual misconduct towards a child shall
be completed within one year of the initiation of the investigation or
within thirty days of the completion of all proceedings, including
court proceedings, resulting from an investigation conducted by law
enforcement or child protective services if there is such an
investigation. The superintendent of public instruction may take, for
reasonable cause, additional time for completion of the investigation
after informing the victim, the individual being investigated, and the
school district that employs the individual being investigated of the
reasons additional time is needed and the amount of additional time
needed. Written notification must be provided to each of the parties
who must be informed. The sole remedy for a failure to complete an
investigation of sexual misconduct within the time allowed by this
subsection is a civil penalty of fifty dollars per day for each day
beyond the allowed time.
(3) If any person fails to obey a subpoena or obeys a subpoena but
refuses to give evidence, any court of competent jurisdiction, upon
application by the superintendent, may issue to that person an order
requiring him or her to appear before the court and to show cause why
he or she should not be compelled to obey the subpoena, and give
evidence material to the matter under investigation. The failure to
obey an order of the court may be punishable as contempt.
(4) Once an investigation has been initiated by the superintendent
of public instruction, the investigation shall be completed regardless
of whether the individual being investigated has resigned his or her
position or allowed his or her teaching certificate to lapse. The
superintendent shall make a written finding regarding each
investigation indicating the actions taken, including a statement of
the reasons why a complaint was dismissed or did not warrant further
investigation or action by the superintendent, and shall provide such
notice to each person who filed the complaint. Written findings under
this section are subject to public disclosure under chapter ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act).
(5) An investigation into sexual or physical abuse of a student by
a school employee shall only be initiated by the superintendent of
public instruction after the superintendent of public instruction
verifies that the incident has been reported to the proper law
enforcement agency or the department of social and health services as
required under RCW 26.44.030.
Sec. 246 RCW 28B.85.020 and 2004 c 96 s 1 are each amended to
read as follows:
(1) The board:
(a) Shall adopt by rule minimum standards for degree-granting
institutions concerning granting of degrees, quality of education,
unfair business practices, financial stability, and other necessary
measures to protect citizens of this state against substandard,
fraudulent, or deceptive practices. The rules may require that an
institution be accredited or be making progress toward accreditation by
an accrediting agency recognized by the United States department of
education. The board shall adopt the rules in accordance with chapter
34.05 RCW;
(b) May investigate any entity the board reasonably believes to be
subject to the jurisdiction of this chapter. In connection with the
investigation, the board may administer oaths and affirmations, issue
subpoenas and compel attendance, take evidence, and require the
production of any books, papers, correspondence, memorandums, or other
records which the board deems relevant or material to the
investigation.
The board, including its staff and any other authorized
persons, may conduct site inspections, the cost of which shall be borne
by the institution, and examine records of all institutions subject to
this chapter;
(c) Shall develop an interagency agreement with the work force
training and education coordinating board to regulate degree-granting
private vocational schools with respect to degree and nondegree
programs; and
(d) Shall develop and disseminate information to the public about
entities that sell or award degrees without requiring appropriate
academic achievement at the postsecondary level, including but not
limited to, a description of the substandard and potentially fraudulent
practices of these entities, and advice about how the public can
recognize and avoid the entities. To the extent feasible, the
information shall include links to additional resources that may assist
the public in identifying specific institutions offering substandard or
fraudulent degree programs.
(2) Financial disclosures provided to the board by degree-granting
private vocational schools are not subject to public disclosure under
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act).
Sec. 247 RCW 28C.10.050 and 2001 c 23 s 1 are each amended to
read as follows:
(1) The agency shall adopt by rule minimum standards for entities
operating private vocational schools. The minimum standards shall
include, but not be limited to, requirements for each school to:
(a) Disclose to the agency information about its ownership and
financial position and to demonstrate that it has sufficient financial
resources to fulfill its commitments to students. Financial
disclosures provided to the agency shall not be subject to public
disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act);
(b) Follow a uniform statewide cancellation and refund policy as
specified by the agency;
(c) Disclose through use of a school catalog, brochure, or other
written material, necessary information to students so that students
may
make informed enrollment decisions. The agency shall specify what
information is required;
(d) Use an enrollment contract or agreement that includes: (i) The
cancellation and refund policy, (ii) a brief statement that the school
is licensed under this chapter and that inquiries may be made to the
agency, and (iii) other necessary information as determined by the
agency;
(e) Describe accurately and completely in writing to students
before their enrollment prerequisites and requirements for (i)
completing successfully the programs of study in which they are
interested and (ii) qualifying for the fields of employment for which
their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each
potential student to determine that a potential student has the basic
skills and relevant aptitudes necessary to complete and benefit from
the program in which the student plans to enroll. Guidelines for such
assessments shall be developed by the agency, in consultation with the
schools. The method of assessment shall be reported to the agency.
Assessment records shall be maintained in the student's file;
(h) Discuss with each potential student the potential student's
obligations in signing any enrollment contract and/or incurring any
debt for educational purposes. The discussion shall include the
inadvisability of acquiring an excessive educational debt burden that
will be difficult to repay given employment opportunities and average
starting salaries in the potential student's chosen occupation.
(2) Any enrollment contract shall have an attachment in a format
provided by the agency. The attachment shall be signed by both the
school and the student. The attachment shall stipulate that the school
has complied with subsection (1)(h) of this section and that the
student understands and accepts his or her responsibilities in signing
any enrollment contract or debt application. The attachment shall also
stipulate that the enrollment contract shall not be binding for at
least five days, excluding Sundays and holidays, following signature of
the enrollment contract by both parties.
(3) The agency shall deny, revoke, or suspend the license of any
school that does not meet or maintain the minimum standards.
Sec.248 RCW 29A.04.225 and 2003 c 111 s 136 are each amended to
read as follows:
Each county auditor or county elections official shall ensure that
reports filed pursuant to chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act) are arranged, handled,
indexed, and disclosed in a manner consistent with the rules of the
public disclosure commission adopted under RCW 42.17.375.
Sec. 249 RCW 29A.60.070 and 2003 c 111 s 1507 are each amended to
read as follows:
The county auditor shall produce cumulative and precinct returns
for each primary and election and deliver them to the canvassing board
for verification and certification. The precinct and cumulative
returns of any primary or election are public records under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
Sec. 250 RCW 29A.60.140 and 2003 c 111 s 1514 are each amended to
read as follows:
(1) Members of the county canvassing board are the county auditor,
who is the chair, the county prosecuting attorney, and the chair of the
county legislative body. If a member of the board is not available to
carry out the duties of the board, then the auditor may designate a
deputy auditor, the prosecutor may designate a deputy prosecuting
attorney, and the chair of the county legislative body may designate
another member of the county legislative body. Any such designation
may be made on an election-by-election basis or may be on a permanent
basis until revoked by the designating authority. Any such designation
must be in writing, and if for a specific election, must be filed with
the county auditor not later than the day before the first day duties
are to be undertaken by the canvassing board. If the designation is
permanent until revoked by the designating authority, then the
designation must be on file in the county auditor's office no later
than the day before the first day the designee is to undertake the
duties of the canvassing board.
(2) The county canvassing board may adopt rules that delegate in
writing to the county auditor or the county auditor's staff the
performance of any task assigned by law to the canvassing board.
(3) The county canvassing board may not delegate the responsibility
of certifying the returns of a primary or election, of determining the
validity of challenged ballots, or of determining the validity of
provisional ballots referred to the board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to
facilitate and govern the canvassing process in that jurisdiction.
(5) Meetings of the county canvassing board are public meetings
under chapter 42.30 RCW. All rules adopted by the county canvassing
board must be adopted in a public meeting under chapter 42.30 RCW, and
once adopted must be available to the public to review and copy under
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act).
Sec. 251 RCW 30.04.075 and 1994 c 92 s 11 are each amended to
read as follows:
(1) All examination reports and all information obtained by the
director and the director's staff in conducting examinations of banks,
trust companies, or alien banks, and information obtained by the
director and the director's staff from other state or federal bank
regulatory authorities with whom the director has entered into
agreements pursuant to RCW 30.04.060(2), and information obtained by
the director and the director's staff relating to examination and
supervision of bank holding companies owning a bank in this state or
subsidiaries of such holding companies, is confidential and privileged
information and shall not be made public or otherwise disclosed to any
person, firm, corporation, agency, association, governmental body, or
other entity.
(2) Subsection (1) of this section notwithstanding, the director
may furnish all or any part of examination reports prepared by the
director's office to:
(a) Federal agencies empowered to examine state banks, trust
companies, or alien banks;
(b) Bank regulatory authorities with whom the director has entered
into agreements pursuant to RCW 30.04.060(2), and other bank regulatory
authorities who are the primary regulatory authority or insurer of
accounts for a bank holding company owning a bank, trust company, or
national banking association the principal operations of which are
conducted in this state or a subsidiary of such holding company;
provided that the director shall first find that the reports of
examination to be furnished shall receive protection from disclosure
comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges subject to
legal process, valid search warrant, or subpoena. If the director
furnishes any examination report to officials empowered to investigate
criminal charges, the director may only furnish that part of the report
which is necessary and pertinent to the investigation, and the director
may do this only after notifying the affected bank, trust company, or
alien bank and any customer of the bank, trust company, or alien bank
who is named in that part of the examination or report ordered to be
furnished unless the officials requesting the report first obtain a
waiver of the notice requirement from a court of competent jurisdiction
for good cause;
(d) The examined bank, trust company, or alien bank, or holding
company thereof;
(e) The attorney general in his or her role as legal advisor to the
director;
(f) Liquidating agents of a distressed bank, trust company, or
alien bank;
(g) A person or organization officially connected with the bank as
officer, director, attorney, auditor, or independent attorney or
independent auditor;
(h) The Washington public deposit protection commission as provided
by RCW 39.58.105.
(3) All examination reports furnished under subsections (2) and (4)
of this section shall remain the property of the department of
financial institutions, and be confidential and no person, agency, or
authority to whom reports are furnished or any officer, director, or
employee thereof shall disclose or make public any of the reports or
any information contained therein except in published statistical
material that does not disclose the affairs of any individual or
corporation: PROVIDED, That nothing herein shall prevent the use in a
criminal prosecution of reports furnished under subsection (2) of this
section.
(4) The examination report made by the department of financial
institutions is designed for use in the supervision of the bank, trust
company, or alien bank. The report shall remain the property of the
director and will be furnished to the bank, trust company, or alien
bank solely for its confidential use. Under no circumstances shall the
bank, trust company, or alien bank or any of its directors, officers,
or employees disclose or make public in any manner the report or any
portion thereof, to any person or organization not connected with the
bank as officer, director, employee, attorney, auditor, or candidate
for executive office with the bank. The bank may also, after execution
of an agreement not to disclose information in the report, disclose the
report or relevant portions thereof to a party proposing to acquire or
merge with the bank.
(5) Examination reports and information obtained by the director
and the director's staff in conducting examinations, or obtained from
other state and federal bank regulatory authorities with whom the
director has entered into agreements pursuant to RCW 30.04.060(2), or
relating to examination and supervision of bank holding companies
owning a bank, trust company, or national banking association the
principal operations of which are conducted in this state or a
subsidiary of such holding company, or information obtained as a result
of applications or investigations pursuant to RCW 30.04.230, shall not
be subject to public disclosure under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act).
(6) In any civil action in which the reports are sought to be
discovered or used as evidence, any party may, upon notice to the
director, petition the court for an in camera review of the report.
The court may permit discovery and introduction of only those portions
of the report which are relevant and otherwise unobtainable by the
requesting party. This subsection shall not apply to an action brought
or defended by the director.
(7) This section shall not apply to investigation reports prepared
by the director and the director's staff concerning an application for
a new bank or trust company or an application for a branch of a bank,
trust company, or alien bank: PROVIDED, That the director may adopt
rules making confidential portions of the reports if in the director's
opinion the public disclosure of the portions of the report would
impair the ability to obtain the information which the director
considers necessary to fully evaluate the application.
(8) Every person who violates any provision of this section shall
be guilty of a gross misdemeanor.
Sec. 252 RCW 30.04.230 and 1994
c 92 s 22 are each amended to
read as follows:
(1) A corporation or association organized under the laws of this
state or licensed to transact business in the state may acquire any or
all shares of stock of any bank, trust company, or national banking
association. Nothing in this section shall be construed to prohibit
the merger, consolidation, or reorganization of a bank or trust company
in accordance with this title.
(2) Unless the terms of this section or RCW 30.04.232 are complied
with, an out-of-state bank holding company shall not acquire more than
five percent of the shares of the voting stock or all or substantially
all of the assets of a bank, trust company, or national banking
association the principal operations of which are conducted within this
state.
(3) As used in this section a "bank holding company" means a
company that is a bank holding company as defined by the Bank Holding
Company Act of 1956, as amended (12 U.S.C. Sec. 1841 et seq.). An
"out-of-state bank holding company" is a bank holding company that
principally conducts its operations outside this state, as measured by
total deposits held or controlled by its bank subsidiaries on the date
on which it became a holding company. A "domestic bank holding
company" is a bank holding company that principally conducts its
operations within this state, as measured by total deposits held or
controlled by its bank subsidiaries on the date on which it became a
bank holding company.
(4) Any such acquisition referred to under subsection (2) of this
section by an out-of-state bank holding company requires the express
written approval of the director. Approval shall not be granted unless
and until the following conditions are met:
(a) An out-of-state bank holding company desiring to make an
acquisition referred to under subsection (2) of this section and the
bank, trust company, national banking association, or domestic bank
holding company parent thereof, if any, proposed to be acquired shall
file an application in writing with the director. The director shall
by rule establish the fee schedule to be collected from the applicant
in connection with the application. The fee shall not exceed the cost
of processing the application. The application shall contain such
information as the director may prescribe by rule as necessary or
appropriate for the purpose of making a determination under this
section. The application and supporting information and all
examination reports and information obtained by the director and the
director's staff in conducting its investigation shall be confidential
and privileged and not subject to public disclosure under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act). The application and information may be disclosed to federal bank
regulatory agencies and to officials empowered to investigate criminal
charges, subject to legal process, valid search warrant, or subpoena.
In any civil action in which such application or information is sought
to be discovered or used as evidence, any party may, upon notice to the
director and other parties, petition for an in camera review. The
court may permit discovery and introduction of only those portions that
are relevant and otherwise unobtainable by the requesting party. The
application and information shall be discoverable in any judicial
action challenging the approval of an acquisition by the director as
arbitrary and capricious or unlawful.
(b) The director shall find that:
(i) The bank, trust company, or national banking association that
is proposed to be acquired or the domestic bank holding company
controlling such bank, trust company, or national banking association
is in such a liquidity or financial condition as to be in danger of
closing, failing, or insolvency. In making any such determination the
director shall be guided by the criteria developed by the federal
regulatory agencies with respect to emergency acquisitions under the
provisions of 12 U.S.C. Sec. 1828(c);
(ii) There is no state bank, trust company, or national banking
association doing business in the state of Washington or domestic bank
holding company with sufficient resources willing to acquire the entire
bank, trust company, or national banking association on at least as
favorable terms as the out-of-state bank holding company is willing to
acquire it;
(iii) The applicant out-of-state bank holding company has provided
all information and documents requested by the director in relation to
the application; and
(iv) The applicant out-of-state bank holding company has
demonstrated an acceptable record of meeting the credit needs of its
entire community, including low and moderate income neighborhoods,
consistent with the safe and sound operation of such institution.
(c) The director shall consider:
(i) The financial institution structure of this state; and
(ii) The convenience and needs of the public of this state.
(5) Nothing in this section may be construed to prohibit, limit,
restrict, or subject to further regulation the ownership by a bank of
the stock of a bank service corporation or a banker's bank.
Sec. 253 RCW 30.04.410 and 1994 c 92 s 30 are each amended to
read as follows:
(1) The director may disapprove the acquisition of a bank or trust
company within thirty days after the filing of a complete application
pursuant to RCW 30.04.405 or an extended period not exceeding an
additional fifteen days if:
(a) The poor financial condition of any acquiring party might
jeopardize the financial stability of the bank or might prejudice the
interests of the bank depositors, borrowers, or shareholders;
(b) The plan or proposal of the acquiring party to liquidate the
bank, to sell its assets, to merge it with any person, or to make any
other major change in its business or corporate structure or management
is not fair and reasonable to the bank's depositors, borrowers, or
stockholders or is not in the public interest;
(c) The banking and business experience and integrity of any
acquiring party who would control the operation of the bank indicates
that approval would not be in the interest of the bank's depositors,
borrowers, or shareholders;
(d) The information provided by the application is insufficient for
the director to make a determination or there has been insufficient
time to verify the information provided and conduct an examination of
the qualification of the acquiring party; or
(e) The acquisition would not be in the public interest.
(2) An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of intent not
to disapprove the action.
(3) The director shall set forth the basis for disapproval of any
proposed acquisition in writing and shall provide a copy of such
findings and order to the applicants and to the bank involved. Such
findings and order shall not be disclosed to any other party and shall
not be subject to public disclosure under chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act) unless the
findings and/
(4) Whenever such a change in control occurs, each party to the
transaction shall report promptly to the director any changes or
replacement of its chief executive officer, or of any director, that
occurs in the next twelve-month period, including in its report a
statement of the past and present business and professional
affiliations of the new chief executive officer or directors.
Sec. 254 RCW 31.12.565 and 2001 c 83 s 28 are each amended to
read as follows:
(1) The following are confidential and privileged and not subject
to public disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act):
(a) Examination reports and information obtained by the director in
conducting examinations and investigations under this chapter and
chapter 31.13 RCW;
(b) Examination reports and related information from other
financial institution regulators obtained by the director;
(c) Reports or parts of reports accepted in lieu of an examination
under RCW 31.12.545; and
(d) Business plans and other proprietary information obtained by
the director in connection with a credit union's application or notice
to the director.
(2) Notwithstanding subsection (1) of this section, the director
may furnish examination reports prepared by the director to:
(a) Federal agencies empowered to examine credit unions or other
financial institutions;
(b) Officials empowered to investigate criminal charges. The
director may furnish only that part of the report which is necessary
and pertinent to the investigation, and only after notifying the
affected credit union and members of the credit union who are named in
that part of the examination report, or other person examined, that the
report is being furnished to the officials, unless the officials
requesting the report obtain a waiver of the notice requirement for
good cause from a court of competent jurisdiction;
(c) The examined credit union or other person examined, solely for
its confidential use;
(d) The attorney general in his or her role as legal advisor to the
director;
(e) Prospective merger partners or conservators, receivers, or
liquidating agents of a distressed credit union;
(f) Credit union regulators in other states or foreign
jurisdictions regarding an out-of-state or foreign credit union
conducting business in this state under this chapter, or regarding a
credit union conducting business in the other state or jurisdiction;
(g) A person officially connected with the credit union or other
person examined, as officer, director, supervisory committee member,
attorney, auditor, accountant, independent attorney, independent
auditor, or independent accountant;
(h) Organizations that have bonded the credit union to the extent
that information is relevant to the renewal of the bond coverage or to
a claim under the bond coverage;
(i) Organizations insuring or guaranteeing the shares of, or
deposits in, the credit union; or
(j) Other persons as the director may determine necessary to
protect the public interest and confidence.
(3) Examination reports furnished under subsection (2) of this
section remain the property of the director and no person to whom
reports are furnished or any officer, director, or employee thereof may
disclose or make public the reports or information contained in the
reports except in published statistical information that does not
disclose the affairs of a person, except that nothing prevents the use
in a criminal prosecution of reports furnished under subsection (2)(b)
of this section.
(4) In a civil action in which the reports or information are
sought to be discovered or used as evidence, a party may, upon notice
to the director, petition the court for an in-camera review of the
reports or information. The court may permit discovery and
introduction of only those portions of the report or information which
are relevant and otherwise unobtainable by the requesting party. This
subsection does not apply to an action brought or defended by the
director.
(5) This section does not apply to investigation reports prepared
by the director concerning an application for a new credit union or a
notice of intent to establish a branch of a credit union, except that
the director may adopt rules making portions of the reports
confidential, if in the director's opinion the public disclosure of
that portion of the report would impair the ability to obtain
information the director considers necessary to fully evaluate the
application.
(6) Any person who knowingly violates a provision of this section
is guilty of a gross misdemeanor.
Sec. 255 RCW 31.45.030 and 2003 c 86 s 3 are each amended to read
as follows:
(1) Except as provided in RCW 31.45.020, no check casher or seller
may engage in business without first obtaining a license from the
director in accordance with this chapter. A license is required for
each location where a licensee engages in the business of cashing or
selling checks or drafts.
(2) Each application for a license shall be in writing in a form
prescribed by the director and shall contain the following information:
(a) The legal name, residence, and business address of the
applicant and, if the applicant is a partnership, association, or
corporation, of every member, officer, and director thereof;
(b) The location where the initial registered office of the
applicant will be located in this state;
(c) The complete address of any other locations at which the
applicant proposes to engage in business as a check casher or seller;
and
(d) Such other data, financial statements, and pertinent
information as the director may require with respect to the applicant,
its directors, trustees, officers, members, or agents.
(3) Any information in the application regarding the personal
residential address or telephone number of the applicant, and any trade
secret as defined in RCW 19.108.010 including any financial statement
that is a trade secret, is exempt from the public records disclosure
requirements of chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
(4) The application shall be filed together with an investigation
and supervision fee established by rule by the director. Such fees
collected shall be deposited to the credit of the financial services
regulation fund in accordance with RCW 43.320.110.
(5)(a) Before granting a license to sell checks, drafts, or money
orders under this chapter, the director shall require that the licensee
file with the director a surety bond running to the state of
Washington, which bond shall be issued by a surety insurer which meets
the requirements of chapter 48.28 RCW, and be in a format acceptable to
the director. The director shall adopt rules to determine the penal
sum of the bond that shall be filed by each licensee. The bond shall
be conditioned upon the licensee paying all persons who purchase
checks, drafts, or money orders from the licensee the face value of any
check, draft, or money order which is dishonored by the drawee bank,
savings bank, or savings and loan association due to insufficient funds
or by reason of the account having been closed. The bond shall only be
liable for the face value of the dishonored check, draft, or money
order, and shall not be liable for any interest or consequential
damages.
(b) Before granting a small loan endorsement under this chapter,
the director shall require that the licensee file with the director a
surety bond, in a format acceptable to the director, issued by a surety
insurer that meets the requirements of chapter 48.28 RCW. The director
shall adopt rules to determine the penal sum of the bond that shall be
filed by each licensee. A licensee who wishes to engage in both check
selling and making small loans may combine the penal sums of the
bonding requirements and file one bond in a form acceptable to the
director. The bond shall run to the state of Washington as obligee,
and shall run to the benefit of the state and any person or persons who
suffer loss by reason of the licensee's violation of this chapter or
any rules adopted under this chapter. The bond shall only be liable
for damages suffered by borrowers as a result of the licensee's
violation of this chapter or rules adopted under this chapter, and
shall not be liable for any interest or consequential damages.
(c) The bond shall be continuous and may be canceled by the surety
upon the surety giving written notice to the director and licensee of
its intent to cancel the bond. The cancellation is effective thirty
days after the notice is received by the director. Whether or not the
bond is renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or decreases in
the penal sum, it shall be considered one continuous obligation, and
the surety upon the bond shall not be liable in an aggregate or
cumulative amount exceeding the penal sum set forth on the face of the
bond. In no event shall the penal sum, or any portion thereof, at two
or more points in time be added together in determining the surety's
liability. The bond shall not be liable for any liability of the
licensee for tortious acts, whether or not such liability is imposed by
statute or common law, or is imposed by contract. The bond shall not
be a substitute or supplement to any liability or other insurance
required by law or by the contract. If the surety desires to make
payment without awaiting court action against it, the penal sum of the
bond shall be reduced to the extent of any payment made by the surety
in good faith under the bond.
(d) Any person who is a purchaser of a check, draft, or money order
from the licensee having a claim against the licensee for the dishonor
of any check, draft, or money order by the drawee bank, savings bank,
or savings and loan association due to insufficient funds or by reason
of the account having been closed, or who obtained a small loan from
the licensee and was damaged by the licensee's violation of this
chapter or rules adopted under this chapter, may bring suit upon such
bond or deposit in the superior court of the county in which the check,
draft, or money order was purchased, or in the superior court of a
county in which the licensee maintains a place of business.
Jurisdiction shall be exclusively in the superior court. Any such
action must be brought not later than one year after the dishonor of
the check, draft, or money order on which the claim is based. In the
event valid claims against a bond or deposit exceed the amount of the
bond or deposit, each claimant shall only be entitled to a pro rata
amount, based on the amount of the claim as it is valid against the
bond, or deposit, without regard to the date of filing of any claim or
action.
(e) In lieu of the surety bond required by this section, the
applicant for a check seller license may file with the director a
deposit consisting of cash or other security acceptable to the director
in an amount equal to the penal sum of the required bond. In lieu of
the surety bond required by this section, the applicant for a small
loan
endorsement may file with the director a deposit consisting of
cash or other security acceptable to the director in an amount equal to
the penal sum of the required bond, or may demonstrate to the director
net worth in excess of three times the amount of the penal sum of the
required bond.
The director may adopt rules necessary for the proper
administration of the security or to establish reporting requirements
to ensure that the net worth requirements continue to be met. A
deposit given instead of the bond required by this section is not an
asset of the licensee for the purpose of complying with the liquid
asset provisions of this chapter. A deposit given instead of the bond
required by this section is a fund held in trust for the benefit of
eligible claimants under this section and is not an asset of the estate
of any licensee that seeks protection voluntarily or involuntarily
under the bankruptcy laws of the United States.
(f) Such security may be sold by the director at public auction if
it becomes necessary to satisfy the requirements of this chapter.
Notice of the sale shall be served upon the licensee who placed the
security personally or by mail. If notice is served by mail, service
shall be addressed to the licensee at its address as it appears in the
records of the director. Bearer bonds of the United States or the
state of Washington without a prevailing market price must be sold at
public auction. Such bonds having a prevailing market price may be
sold at private sale not lower than the prevailing market price. Upon
any sale, any surplus above amounts due shall be returned to the
licensee, and the licensee shall deposit with the director additional
security sufficient to meet the amount required by the director. A
deposit given instead of the bond required by this section shall not be
deemed an asset of the licensee for the purpose of complying with the
liquid asset provisions of this chapter.
Sec. 256 RCW 31.45.077 and 2003 c 86 s 9 are each amended to read
as follows:
(1) Each application for a small loan endorsement to a check casher
or check seller license must be in writing and in a form prescribed by
the director and shall contain the following information:
(a) The legal name, residence, and business address of the
applicant, and if the applicant is a partnership, corporation, or
association, the name and address of every member, partner, officer,
and director thereof;
(b) The street and mailing address of each location where the
licensee will engage in the business of making small loans;
(c) A surety bond, or other security allowed under RCW 31.45.030,
in the amount required; and
(d) Any other pertinent information, including financial
statements, as the director may require with respect to the licensee
and its directors, officers, trustees, members, or employees.
(2) Any information in the application regarding the licensee's
personal residential address or telephone number, and any trade secrets
of the licensee as defined under RCW 19.108.010 including any financial
statement that is a trade secret, is exempt from the public records
disclosure requirements of chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act).
(3) The application shall be filed together with an investigation
and review fee established by rule by the director. Fees collected
shall be deposited to the credit of the financial services regulation
fund in accordance with RCW 43.320.110.
Sec. 257 RCW 31.45.090 and 2003 c 86 s 15 are each amended to
read as follows:
(1) Each licensee shall submit to the director, in a form approved
by the director, a report containing financial statements covering the
calendar year or, if the licensee has an established fiscal year, then
for such fiscal year, within one hundred five days after the close of
each calendar or fiscal year. The licensee shall also file such
additional relevant information as the director may require. Any
information provided by a licensee in an annual report that constitutes
a trade secret under chapter 19.108 RCW is exempt from disclosure under
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act), unless aggregated with information supplied by other
licensees in such a manner that the licensee's individual information
is not identifiable. Any information provided by the licensee that
allows identification of the licensee may only be used for purposes
reasonably related to the regulation of licensees to ensure compliance
with this chapter.
(2) A licensee whose license has been suspended or revoked shall
submit to the director, at the licensee's expense, within one hundred
five days after the effective date of such surrender or revocation, a
closing audit report containing audited financial statements as of such
effective date for the twelve months ending with such effective date.
(3) The director shall adopt rules specifying the form and content
of such audit reports and may require additional reporting as is
necessary for the director to ensure compliance with this chapter.
Sec. 258 RCW 32.04.220 and 1994 c 92 s 301 are each amended to
read as follows:
(1) All examination reports and all information obtained by the
director and the director's staff in conducting examinations of mutual
savings banks, and information obtained by the director and the
director's staff from other state or federal bank regulatory
authorities with whom the director has entered into agreements pursuant
to RCW 32.04.211, and information obtained by the director and the
director's staff relating to examination and supervision of holding
companies owning a savings bank in this state or subsidiaries of such
holding companies, is confidential and privileged information and shall
not be made public or otherwise disclosed to any person, firm,
corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the director
may furnish all or any part of examination reports prepared by the
director's office to:
(a) Federal agencies empowered to examine mutual savings banks;
(b) Bank regulatory authorities with whom the director has entered
into agreements pursuant to RCW 32.04.211, and other bank regulatory
authorities who are the primary regulatory authority or insurer of
accounts for a holding company owning a savings bank the principal
operations of which are conducted in this state or a subsidiary of such
holding company; provided that the director shall first find that the
reports of examination to be furnished shall receive protection from
disclosure comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges subject to
legal process, valid search warrant, or subpoena. If the director
furnishes any examination report to officials empowered to investigate
criminal charges, the director may only furnish that part of the report
which is necessary and pertinent to the investigation, and the director
may do this only after notifying the affected mutual savings bank and
any customer of the mutual savings bank who is named in that part of
the report of the order to furnish the part of the examination report
unless the officials requesting the report first obtain a waiver of the
notice requirement from a court of competent jurisdiction for good
cause;
(d) The examined savings bank or holding company thereof;
(e) The attorney general in his or her role as legal advisor to the
director;
(f) Liquidating agents of a distressed savings bank;
(g) A person or organization officially connected with the savings
bank as officer, director, attorney, auditor, or independent attorney
or independent auditor;
(h) The Washington public deposit protection commission as provided
by RCW 39.58.105.
(3) All examination reports furnished under subsections (2) and (4)
of this section shall remain the property of the department of
financial institutions, and be confidential, and no person, agency, or
authority to whom reports are furnished or any officer, director, or
employee thereof shall disclose or make public any of the reports or
any information contained therein except in published statistical
material that does not disclose the affairs of any individual or
corporation: PROVIDED, That nothing herein shall prevent the use in a
criminal prosecution of reports furnished under subsection (2) of this
section.
(4) The examination report made by the department of financial
institutions is designed for use in the supervision of the mutual
savings bank, and the director may furnish a copy of the report to the
mutual savings bank examined. The report shall remain the property of
the director and will be furnished to the mutual savings bank solely
for its confidential use. Under no circumstances shall the mutual
savings bank or any of its trustees, officers, or employees disclose or
make public in any manner the report or any portion thereof, to any
person or organization not connected with the savings bank as officer,
director, employee, attorney, auditor, or candidate for executive
office with the bank. The savings bank may also, after execution of an
agreement not to disclose information in the report, disclose the
report or relevant portions thereof to a party proposing to acquire or
merge with the savings bank.
(5) Examination reports and information obtained by the director
and the director's staff in conducting examinations, or from other
state and federal bank regulatory authorities with whom the director
has entered into agreements pursuant to RCW 32.04.211, or relating to
examination and supervision of holding companies owning a savings bank
the principal operations of which are conducted in this state or a
subsidiary of such holding company, shall not be subject to public
disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
(6) In any civil action in which the reports are sought to be
discovered or used as evidence, any party may, upon notice to the
director, petition the court for an in camera review of the report.
The court may permit discovery and introduction of only those portions
of the report which are relevant and otherwise unobtainable by the
requesting party. This subsection shall not apply to an action brought
or defended by the director.
(7) This section shall not apply to investigation reports prepared
by the director and the director's staff concerning an application for
a new mutual savings bank or an application for a branch of a mutual
savings bank: PROVIDED, That the director may adopt rules making
confidential portions of the reports if in the director's opinion the
public disclosure of the portions of the report would impair the
ability to obtain the information which the director considers
necessary to fully evaluate the application.
(8) Every person who violates any provision of this section shall
forfeit the person's office or employment and be guilty of a gross
misdemeanor.
Sec. 259 RCW 32.32.228 and 1994 c 92 s 366 are each amended to
read as follows:
(1) As used in this section, the following definitions apply:
(a) "Control" means directly or indirectly alone or in concert with
others to own, control, or hold the power to vote twenty-five percent
or more of the outstanding stock or voting power of the controlled
entity;
(b) "Acquiring party" means the person acquiring control of a bank
through the purchase of stock;
(c) "Person" means any individual, corporation, partnership, group
acting in concert, association, business trust, or other organization.
(2)(a) It is unlawful for any person to acquire control of a
converted savings bank until thirty days after filing with the director
a completed application. The application shall be under oath or
affirmation, and shall contain substantially all of the following
information plus any additional information that the director may
prescribe as necessary or appropriate in the particular instance for
the protection of bank depositors, borrowers, or shareholders and the
public interest:
(i) The identity and banking and business experience of each person
by whom or on whose behalf acquisition is to be made;
(ii) The financial and managerial resources and future prospects of
each person involved in the acquisition;
(iii) The terms and conditions of any proposed acquisition and the
manner in which the acquisition is to be made;
(iv) The source and amount of the funds or other consideration used
or to be used in making the acquisition, and a description of the
transaction and the names of the parties if any part of these funds or
other consideration has been or is to be borrowed or otherwise obtained
for the purpose of making the acquisition;
(v) Any plan or proposal which any person making the acquisition
may have to liquidate the bank, to sell its assets, to merge it with
any other bank, or to make any other major change in its business or
corporate structure or management;
(vi) The identification of any person employed, retained, or to be
compensated by the acquiring party, or by any person on its behalf, who
makes solicitations or recommendations to shareholders for the purpose
of assisting in the acquisition and a brief description of the terms of
the employment, retainer, or arrangement for compensation;
(vii) Copies of all invitations for tenders or advertisements
making a tender offer to shareholders for the purchase of their stock
to be used in connection with the proposed acquisition; and
(viii) Such additional information as shall be necessary to satisfy
the director, in the exercise of the director's discretion, that each
such person and associate meets the standards of character,
responsibility, and general fitness established for incorporators of a
savings bank under RCW 32.08.040.
(b) Notwithstanding any other provision of this section, a bank or
bank holding company which has been in operation for at least three
consecutive years or a converted mutual savings bank or the holding
company of a mutual savings bank need only notify the director and the
savings bank to be acquired of an intent to acquire control and the
date of the proposed acquisition of control at least thirty days before
the date of the acquisition of control.
(c) When a person, other than an individual or corporation, is
required to file an application under this section, the director may
require that the information required by (a) (i), (ii), (vi), and
(viii) of this subsection be given with respect to each person, as
defined in subsection (1)(c) of this section, who has an interest in or
controls a person filing an application under this subsection.
(d) When a corporation is required to file an application under
this section, the director may require that information required by (a)
(i), (ii), (vi), and (viii) of this subsection be given for the
corporation, each officer and director of the corporation, and each
person who is directly or indirectly the beneficial owner of twenty-five percent or more of the outstanding voting securities of the
corporation.
(e) If any tender offer, request, or invitation for tenders or
other agreements to acquire control is proposed to be made by means of
a registration statement under the securities act of 1933 (48 Stat. 74,
15 U.S.C. Sec. 77(a)), as amended, or in circumstances requiring the
disclosure of similar information under the securities exchange act of
1934 (48 Stat. 881, 15 U.S.C. Sec. 78(a)), as amended, the registration
statement or application may be filed with the director in lieu of the
requirements of this section.
(f) Any acquiring party shall also deliver a copy of any notice or
application required by this section to the savings bank proposed to be
acquired within two days after such notice or application is filed with
the director.
(g) Any acquisition of control in violation of this section shall
be ineffective and void.
(h) Any person who willfully or intentionally violates this section
or any rule adopted under this section is guilty of a gross misdemeanor
pursuant to chapter 9A.20 RCW. Each day's violation shall be
considered a separate violation, and any person shall upon conviction
be fined not more than one thousand dollars for each day the violation
continues.
(3) The director may disapprove the acquisition of a savings bank
within thirty days after the filing of a complete application pursuant
to subsections (1) and (2) of this section or an extended period not
exceeding an additional fifteen days if:
(a) The poor financial condition of any acquiring party might
jeopardize the financial stability of the savings bank or might
prejudice the interest of depositors, borrowers, or shareholders;
(b) The plan or proposal of the acquiring party to liquidate the
savings bank, to sell its assets, to merge it with any person, or to
make any other major change in its business or corporate structure or
management is not fair and reasonable to its depositors, borrowers, or
stockholders or is not in public interest;
(c) The banking and business experience and integrity of any
acquiring party who would control the operation of the savings bank
indicates that approval would not be in the interest of the savings
bank's depositors, borrowers, or shareholders;
(d) The information provided by the application is insufficient for
the director to make a determination or there has been insufficient
time to verify the information provided and conduct an examination of
the qualification of the acquiring party; or
(e) The acquisition would not be in the public interest.
An acquisition may be made prior to expiration of the disapproval
period if the director issues written notice of intent not to
disapprove the action.
The director shall set forth the basis for disapproval of any
proposed acquisition in writing and shall provide a copy of such
findings and order to the applicants and to the bank involved. Such
findings and order shall not be disclosed to any other party and shall
not be subject to public disclosure under chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act) unless the
findings and/
Whenever such a change in control occurs, each party to the
transaction shall report promptly to the director any changes or
replacement of its chief executive officer or of any director occurring
in the next twelve-month period, including in its report a statement of
the past and current business and professional affiliations of the new
chief executive officer or directors.
(4)(a) For a period of ten years following the acquisition of
control by any person, neither such acquiring party nor any associate
shall receive any loan or the use of any of the funds of, nor purchase,
lease, or otherwise receive any property from, nor receive any
consideration from the sale, lease, or any other conveyance of property
to, any savings bank in which the acquiring party has control except as
provided in (b) of this subsection.
(b) Upon application by any acquiring party or associate subject to
(a) of this subsection, the director may approve a transaction between
a converted savings bank and such acquiring party, person, or
associate, upon finding that the terms and conditions of the
transaction are at least as advantageous to the savings bank as the
savings bank would obtain in a comparable transaction with an
unaffiliated person.
(5) Except with the consent of the director, no converted savings
bank shall, for the purpose of enabling any person to purchase any or
all shares of its capital stock, pledge or otherwise transfer any of
its assets as security for a loan to such person or to any associate,
or pay any dividend to any such person or associate. Nothing in this
section shall prohibit a dividend of stock among shareholders in
proportion to their shareholdings. In the event any clause of this
section is declared to be unconstitutional or otherwise invalid, all
remaining dependent and independent clauses of this section shall
remain in full force and effect.
Sec. 260 RCW 32.32.275 and 1994 c 92 s 374 are each amended to
read as follows:
Should the applicant desire to submit any information it deems to
be of a confidential nature regarding any item or a part of any exhibit
included in any application under this chapter, the information
pertaining to the item or exhibit shall be separately bound and labeled
"confidential", and a statement shall be submitted therewith briefly
setting forth the grounds on which the information should be treated as
confidential. Only general reference thereto need be made in that
portion of the application which the applicant deems not to be
confidential. Applications under this chapter shall be made available
for inspection by the public, except for portions which are bound and
labeled "confidential" and which the director determines to withhold
from public availability under ((RCW 42.17.250 through 42.17.340))
chapter 42.-- RCW (the new chapter created in section 103 of this act).
The applicant shall be advised of any decision by the director to make
public information designated as "confidential" by the applicant. Even
though sections of the application are considered "confidential" as far
as public inspection thereof is concerned, to the extent the director
deems necessary the director may comment on the confidential
submissions in any public statement in connection with the director's
decision on the application without prior notice to the applicant.
Sec. 261 RCW 33.04.110 and 1994 c 92 s 425 are each amended to
read as follows:
(1) Except as otherwise provided in this section, all examination
reports and all information obtained by the director and the director's
staff in conducting examinations of associations are confidential and
privileged information and shall not be made public or otherwise
disclosed to any person, firm, corporation, agency, association,
governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the director
may furnish in whole or in part examination reports prepared by the
director's office to federal agencies empowered to examine state
associations, to savings and loan supervisory agencies of other states
which have authority to examine associations doing business in this
state, to the attorney general in his or her role as legal advisor to
the director, to the examined association as provided in subsection (4)
of this section, and to officials empowered to investigate criminal
charges. If the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may only
furnish that part of the report which is necessary and pertinent to the
investigation, and the director may do this only after notifying the
affected savings and loan association and any customer of the savings
and loan association who is named in that part of the report of the
order to furnish the part of the examination report unless the
officials requesting the report first obtain a waiver of the notice
requirement from a court of competent jurisdiction for good cause. The
director may also furnish in whole or in part examination reports
concerning any association in danger of insolvency to the directors or
officers of a potential acquiring party when, in the director's
opinion, it is necessary to do so in order to protect the interests of
members, depositors, or borrowers of the examined association.
(3) All examination reports furnished under subsection (2) of this
section shall remain the property of the department of financial
institutions and, except as provided in subsection (4) of this section,
no person, agency, or authority to whom reports are furnished or any
officer, director, or employee thereof shall disclose or make public
any of the reports or any information contained therein except in
published statistical material that does not disclose the affairs of
any individual or corporation: PROVIDED, That nothing herein shall
prevent the use in a criminal prosecution of reports furnished under
subsection (2) of this section.
(4) The examination report made by the department of financial
institutions is designed for use in the supervision of the association,
and the director may furnish a copy of the report to the savings and
loan association examined. The report shall remain the property of the
director and will be furnished to the association solely for its
confidential use. Neither the association nor any of its directors,
officers, or employees may disclose or make public in any manner the
report or any portion thereof without permission of the board of
directors of the examined association. The permission shall be entered
in the minutes of the board.
(5) Examination reports and information obtained by the director
and the director's staff in conducting examinations shall not be
subject to public disclosure under chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act).
(6) In any civil action in which the reports are sought to be
discovered or used as evidence, any party may, upon notice to the
director, petition the court for an in camera review of the report.
The court may permit discovery and introduction of only those portions
of the report which are relevant and otherwise unobtainable by the
requesting party. This subsection shall not apply to an action brought
or defended by the director.
(7) This section shall not apply to investigation reports prepared
by the director and the director's staff concerning an application for
a new association or an application for a branch of an association.
The director may adopt rules making confidential portions of such
reports if in the director's opinion the public disclosure of the
portions of the report would impair the ability to obtain the
information which the director considers necessary to fully evaluate
the application.
(8) Every person who intentionally violates any provision of this
section is guilty of a gross misdemeanor.
Sec. 262 RCW 34.05.325 and 1998 c 125 s 1 are each amended to
read as follows:
(1) The agency shall make a good faith effort to insure that the
information on the proposed rule published pursuant to RCW 34.05.320
accurately reflects the rule to be presented and considered at the oral
hearing on the rule. Written comment about a proposed rule, including
supporting data, shall be accepted by an agency if received no later
than the time and date specified in the notice, or such later time and
date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral comment to be
received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving
telefacsimile transmissions or recorded telephonic communications, the
agency may provide in its notice of hearing filed under RCW 34.05.320
that interested parties may comment on proposed rules by these means.
If the agency chooses to receive comments by these means, the notice of
hearing shall provide instructions for making such comments, including,
but not limited to, appropriate telephone numbers to be used; the date
and time by which comments must be received; required methods to verify
the receipt and authenticity of the comments; and any limitations on
the number of pages for telefacsimile transmission comments and on the
minutes of tape recorded comments. The agency shall accept comments
received by these means for inclusion in the official record if the
comments are made in accordance with the agency's instructions.
(4) The agency head, a member of the agency head, or a presiding
officer designated by the agency head shall preside at the rule-making
hearing. Rule-making hearings shall be open to the public. The agency
shall cause a record to be made of the hearing by stenographic,
mechanical, or electronic means. Regardless of whether the agency head
has delegated rule-making authority, the presiding official shall
prepare a memorandum for consideration by the agency head, summarizing
the contents of the presentations made at the rule-making hearing,
unless the agency head presided or was present at substantially all of
the hearings. The summarizing memorandum is a public document and
shall be made available to any person in accordance with chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
(5) Rule-making hearings are legislative in character and shall be
reasonably conducted by the presiding official to afford interested
persons the opportunity to present comment. Rule-making hearings may
be continued to a later time and place established on the record
without publication of further notice under RCW 34.05.320.
(6)(a) Before it files an adopted rule with the code reviser, an
agency shall prepare a concise explanatory statement of the rule:
(i) Identifying the agency's reasons for adopting the rule;
(ii) Describing differences between the text of the proposed rule
as published in the register and the text of the rule as adopted, other
than editing changes, stating the reasons for differences; and
(iii) Summarizing all comments received regarding the proposed
rule, and responding to the comments by category or subject matter,
indicating how the final rule reflects agency consideration of the
comments, or why it fails to do so.
(b) The agency shall provide the concise explanatory statement to
any person upon request or from whom the agency received comment.
Sec. 263 RCW 35.02.130 and 1997 c 361 s 11 are each amended to
read as follows:
The city or town officially shall become incorporated at a date
from one hundred eighty days to three hundred sixty days after the date
of the election on the question of incorporation. An interim period
shall exist between the time the newly elected officials have been
elected and qualified and this official date of incorporation. During
this interim period, the newly elected officials are authorized to
adopt ordinances and resolutions which shall become effective on or
after the official date of incorporation, and to enter into contracts
and agreements to facilitate the transition to becoming a city or town
and to ensure a continuation of governmental services after the
official date of incorporation. Periods of time that would be required
to elapse between the enactment and effective date of such ordinances,
including but not limited to times for publication or for filing
referendums, shall commence upon the date of such enactment as though
the city or town were officially incorporated.
During this interim period, the city or town governing body may
adopt rules establishing policies and procedures under the state
environmental policy act, chapter 43.21C RCW, and may use these rules
and procedures in making determinations under the state environmental
policy act, chapter 43.21C RCW.
During this interim period, the newly formed city or town and its
governing body shall be subject to the following as though the city or
town were officially incorporated: RCW 4.24.470 relating to immunity;
chapter 42.17 RCW relating to open government; chapter 42.-- RCW (the
new chapter created in section 103 of this act) relating to public
records; chapter 40.14 RCW relating to the preservation and disposition
of public records; chapters 42.20 and 42.23 RCW relating to ethics and
conflicts of interest; chapters 42.30 and 42.32 RCW relating to open
public meetings and minutes; RCW 35.22.288, 35.23.221, 35.27.300,
35A.12.160, as appropriate, and chapter 35A.65 RCW relating to the
publication of notices and ordinances; RCW 35.21.875 and 35A.21.230
relating to the designation of an official newspaper; RCW 36.16.138
relating to liability insurance; RCW 35.22.620, 35.23.352, and
35A.40.210, as appropriate, and statutes referenced therein relating to
public contracts and bidding; and chapter 39.34 RCW relating to
interlocal cooperation. Tax anticipation or revenue anticipation notes
or warrants and other short-term obligations may be issued and funds
may be borrowed on the security of these instruments during this
interim period, as provided in chapter 39.50 RCW. Funds also may be
borrowed from federal, state, and other governmental agencies in the
same manner as if the city or town were officially incorporated.
RCW 84.52.020 and 84.52.070 shall apply to the extent that they may
be applicable, and the governing body of such city or town may take
appropriate action by ordinance during the interim period to adopt the
property tax levy for its first full calendar year following the
interim period.
The governing body of the new city or town may acquire needed
facilities, supplies, equipment, insurance, and staff during this
interim period as if the city or town were in existence. An interim
city manager or administrator, who shall have such administrative
powers and duties as are delegated by the governing body, may be
appointed to serve only until the official date of incorporation.
After the official date of incorporation the governing body of such a
new city organized under the council manager form of government may
extend the appointment of such an interim manager or administrator with
such limited powers as the governing body determines, for up to ninety
days. This governing body may submit ballot propositions to the voters
of the city or town to authorize taxes to be collected on or after the
official date of incorporation, or authorize an annexation of the city
or town by a fire protection district or library district to be
effective immediately upon the effective date of the incorporation as
a city or town.
The boundaries of a newly incorporated city or town shall be deemed
to be established for purposes of RCW 84.09.030 on the date that the
results of the initial election on the question of incorporation are
certified or the first day of January following the date of this
election if the newly incorporated city or town does not impose
property taxes in the same year that the voters approve the
incorporation.
The newly elected officials shall take office immediately upon
their election and qualification with limited powers during this
interim period as provided in this section. They shall acquire their
full powers as of the official date of incorporation and shall continue
in office until their successors are elected and qualified at the next
general municipal election after the official date of incorporation:
PROVIDED, That if the date of the next general municipal election is
less than twelve months after the date of the first election of
councilmembers, those initially elected councilmembers shall serve
until their successors are elected and qualified at the next following
general municipal election as provided in RCW ((29.04.170)) 29A.20.040.
For purposes of this section, the general municipal election shall be
the date on which city and town general elections are held throughout
the state of Washington, pursuant to RCW ((29.13.020)) 29A.04.330.
In any newly incorporated city that has adopted the council-manager
form of government, the term of office of the mayor, during the interim
period only, shall be set by the council, and thereafter shall be as
provided by law.
The official date of incorporation shall be on a date from one
hundred eighty to three hundred sixty days after the date of the
election on the question of incorporation, as specified in a resolution
adopted by the governing body during this interim period. A copy of
the resolution shall be filed with the county legislative authority of
the county in which all or the major portion of the newly incorporated
city or town is located. If the governing body fails to adopt such a
resolution, the official date of incorporation shall be three hundred
sixty days after the date of the election on the question of
incorporation. The county legislative authority of the county in which
all or the major portion of the newly incorporated city or town is
located shall file a notice with the county assessor that the city or
town has been authorized to be incorporated immediately after the
favorable results of the election on the question of incorporation have
been certified. The county legislative authority shall file a notice
with the secretary of state that the city or town is incorporated as of
the official date of incorporation.
Sec. 264 RCW 35.21.228 and 1999 c 202 s 1 are each amended to
read as follows:
(1) Each city or town that owns or operates a rail fixed guideway
system as defined in RCW 81.104.015 shall submit a system safety and
security program plan for that guideway to the state department of
transportation by September 1, 1999, or at least three months before
beginning operations or instituting revisions to its plan. This plan
must describe the city's procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and security
breaches, (b) submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security
reviews by the state department of transportation, and (d) addressing
passenger and employee security. The plan must, at a minimum, conform
to the standards adopted by the state department of transportation. If
required by the department, the city or town shall revise its plan to
incorporate the department's review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2) Each city or town shall implement and comply with its system
safety and security program plan. The city or town shall perform
internal safety and security audits to evaluate its compliance with the
plan, and submit its audit schedule to the department of transportation
no later than December 15th each year. The city or town shall prepare
an annual report for its internal safety and security audits undertaken
in the prior year and submit it to the department no later than
February 15th. This annual report must include the dates the audits
were conducted, the scope of the audit activity, the audit findings and
recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3) Each city or town shall notify the department of transportation
within twenty-four hours of an occurrence of a reportable accident,
unacceptable hazardous condition, or security breach. The department
may adopt rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The city or town shall
investigate all reportable accidents, unacceptable hazardous
conditions, or security breaches and provide a written investigation
report to the department within forty-five calendar days after the
reportable accident, unacceptable hazardous condition, or security
breach.
(4) The security section of the safety and security plan required
in subsection (1)(d) of this section is exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). However, the activities and plans as
described in subsections (1)(a), (b), and (c), (2), and (3) of this
section are not subject to this exemption.
Sec. 265 RCW 35.21.759 and 1999 c 246 s 1 are each amended to
read as follows:
A public corporation, commission, or authority created under this
chapter, and officers and multimember governing body thereof, are
subject to general laws regulating local governments, multimember
governing bodies, and local governmental officials, including, but not
limited to, the requirement to be audited by the state auditor and
various accounting requirements provided under chapter 43.09 RCW, the
open public record requirements of chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act), the prohibition on
using its facilities for campaign purposes under RCW 42.17.130, the
open public meetings law of chapter 42.30 RCW, the code of ethics for
municipal officers under chapter 42.23 RCW, and the local government
whistleblower law under chapter 42.41 RCW.
Sec. 266 RCW 35.102.040 and 2003 c 79 s 4 are each amended to
read as follows:
(1)(a) The cities, working through the association of Washington
cities, shall form a model ordinance development committee made up of
a representative sampling of cities that as of July 27, 2003, impose a
business and occupation tax. This committee shall work through the
association of Washington cities to adopt a model ordinance on
municipal gross receipts business and occupation tax. The model
ordinance and subsequent amendments shall be adopted using a process
that includes opportunity for substantial input from business
stakeholders and other members of the public. Input shall be solicited
from statewide business associations and from local chambers of
commerce and downtown business associations in cities that levy a
business and occupation tax.
(b) The municipal research council shall contract to post the model
ordinance on an internet web site and to make paper copies available
for inspection upon request. The department of revenue and the
department of licensing shall post copies of or links to the model
ordinance on their internet web sites. Additionally, a city that
imposes a business and occupation tax must make copies of its ordinance
available for inspection and copying as provided in chapter ((42.17
RCW)) 42.-- RCW (the new chapter created in section 103 of this act).
(c) The definitions and tax classifications in the model ordinance
may not be amended more frequently than once every four years, however
the model ordinance may be amended at any time to comply with changes
in state law. Any amendment to a mandatory provision of the model
ordinance must be adopted with the same effective date by all cities.
(2) A city that imposes a business and occupation tax must adopt
the mandatory provisions of the model ordinance. The following
provisions are mandatory:
(a) A system of credits that meets the requirements of RCW
35.102.060 and a form for such use;
(b) A uniform, minimum small business tax threshold of at least the
equivalent of twenty thousand dollars in gross income annually. A city
may elect to deviate from this requirement by creating a higher
threshold or exemption but it shall not deviate lower than the level
required in this subsection. If a city has a small business threshold
or exemption in excess of that provided in this subsection as of
January 1, 2003, and chooses to deviate below the threshold or
exemption level that was in place as of January 1, 2003, the city must
notify all businesses licensed to do business within the city at least
one hundred twenty days prior to the potential implementation of a
lower threshold or exemption amount;
(c) Tax reporting frequencies that meet the requirements of RCW
35.102.070;
(d) Penalty and interest provisions that meet the requirements of
RCW 35.102.080 and 35.102.090;
(e) Claim periods that meet the requirements of RCW 35.102.100;
(f) Refund provisions that meet the requirements of RCW 35.102.110;
and
(g) Definitions, which at a minimum, must include the definitions
enumerated in RCW 35.102.030 and 35.102.120. The definitions in
chapter 82.04 RCW shall be used as the baseline for all definitions in
the model ordinance, and any deviation in the model ordinance from
these definitions must be described by a comment in the model
ordinance.
(3) Except for the system of credits developed to address multiple
taxation under subsection (2)(a) of this section, a city may adopt its
own provisions for tax exemptions, tax credits, and tax deductions.
(4) Any city that adopts an ordinance that deviates from the
nonmandatory provisions of the model ordinance shall make a description
of such differences available to the public, in written and electronic
form.
Sec. 267 RCW 35A.21.300 and 1999 c 202 s 2 are each
amended to
read as follows:
(1) Each code city that owns or operates a rail fixed guideway
system as defined in RCW 81.104.015 shall submit a system safety and
security program plan for that guideway to the state department of
transportation by September 1, 1999, or at least three months before
beginning operations or instituting revisions to its plan. This plan
must describe the code city's procedures for (a) reporting and
investigating reportable accidents, unacceptable hazardous conditions,
and security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating on-site
safety and security reviews by the state department of transportation,
and (d) addressing passenger and employee security. The plan must, at
a minimum, conform to the standards adopted by the state department of
transportation. If required by the department, the code city shall
revise its plan to incorporate the department's review comments within
sixty days after their receipt, and resubmit its revised plan for
review.
(2) Each code city shall implement and comply with its system
safety and security program plan. The code city shall perform internal
safety and security audits to evaluate its compliance with the plan,
and submit its audit schedule to the department of transportation no
later than December 15th each year. The code city shall prepare an
annual report for its internal safety and security audits undertaken in
the prior year and submit it to the department no later than February
15th. This annual report must include the dates the audits were
conducted, the scope of the audit activity, the audit findings and
recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3) Each code city shall notify the department of transportation
within twenty-four hours of an occurrence of a reportable accident,
unacceptable hazardous condition, or security breach. The department
may adopt rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The code city shall
investigate all reportable accidents, unacceptable hazardous
conditions, or security breaches and provide a written investigation
report to the department within forty-five calendar days after the
reportable accident, unacceptable hazardous condition, or security
breach.
(4) The security section of the safety and security plan required
in subsection (1)(d) of this section is exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). However, the activities and plans as
described in subsections (1)(a), (b), and (c), (2), and (3) of this
section are not subject to this exemption.
Sec. 268 RCW 36.01.210 and 1999 c 202 s 3 are each amended to
read as follows:
(1) Each county functioning under chapter 36.56 RCW that owns or
operates a rail fixed guideway system as defined in RCW 81.104.015
shall submit a system safety and security program plan for that
guideway to the state department of transportation by September 1,
1999, or at least three months before beginning operations or
instituting revisions to its plan. This plan must describe the
county's procedures for (a) reporting and investigating reportable
accidents, unacceptable hazardous conditions, and security breaches,
(b) submitting corrective action plans and annual safety and security
audit reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing passenger
and employee security. The plan must, at a minimum, conform to the
standards adopted by the state department of transportation. If
required by the department, the county shall revise its plan to
incorporate the department's review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2) Each county functioning under chapter 36.56 RCW shall implement
and comply with its system safety and security program plan. The
county shall perform internal safety and security audits to evaluate
its compliance with the plan, and submit its audit schedule to the
department of transportation no later than December 15th each year.
The county shall prepare an annual report for its internal safety and
security audits undertaken in the prior year and submit it to the
department no later than February 15th. This annual report must
include the dates the audits were conducted, the scope of the audit
activity, the audit findings and recommendations, the status of any
corrective actions taken as a result of the audit activity, and the
results of each audit in terms of the adequacy and effectiveness of the
plan.
(3) Each county shall notify the department of transportation
within twenty-four hours of an occurrence of a reportable accident,
unacceptable hazardous condition, or security breach. The department
may adopt rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The county shall investigate
all reportable accidents, unacceptable hazardous conditions, or
security breaches and provide a written investigation report to the
department within forty-five calendar days after the reportable
accident, unacceptable hazardous condition, or security breach.
(4) The security section of the safety and security plan required
in subsection (1)(d) of this section is exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). However, the activities and plans as
described in subsections (1)(a), (b), and (c), (2), and (3) of this
section are not subject to this exemption.
Sec. 269 RCW 36.28A.060 and 2003 c 102 s 2 are each amended to
read as follows:
(1) When funded, the Washington association of sheriffs and police
chiefs shall create and operate a statewide first responder building
mapping information system.
(2) All state agencies and local governments must utilize building
mapping software that complies with the building mapping software
standards established under RCW 36.28A.070 for any building mapped for
this purpose after the statewide first responder building mapping
information system is operational. If, prior to creation of the
statewide building mapping information system, a local government has
utilized building mapping software standards established under RCW
36.28A.070, the local government may continue to use its own building
mapping system unless the Washington association of sheriffs and police
chiefs provides funding to bring the local government's system in
compliance with the standards established under RCW 36.28A.070.
(3) All state and local government-owned buildings that are
occupied by state or local government employees must be mapped when
funding is provided by the Washington association of sheriffs and
police chiefs, or from other sources. Nothing in chapter 102, Laws of
2003 requires any state agency or local government to map a building
unless the entire cost of mapping the building is provided by the
Washington association of sheriffs and police chiefs, or from other
sources.
(4) Once the statewide first responder building mapping information
system is operational, all state and local government buildings that
are mapped must forward their building mapping information data to the
Washington association of sheriffs and police chiefs. All
participating privately, federally, and tribally owned buildings may
voluntarily forward their mapping and emergency information data to the
Washington association of sheriffs and police chiefs. The Washington
association of sheriffs and police chiefs may refuse any building
mapping information that does not comply with the specifications
described in RCW 36.28A.070.
(5) Consistent with the guidelines developed under RCW 36.28A.070,
the Washington association of sheriffs and police chiefs shall
electronically make the building mapping information available to all
state, local, federal, and tribal law enforcement agencies, the
military department of Washington state, and fire departments.
(6) Consistent with the guidelines developed under RCW 36.28A.070,
the Washington association of sheriffs and police chiefs shall develop
building mapping software standards that must be used to participate in
the statewide first responder building mapping information system.
(7) The Washington association of sheriffs and police chiefs shall
pursue federal funds to:
(a) Create the statewide first responder building mapping
information system; and
(b) Develop grants for the mapping of all state and local
government buildings in the order determined under RCW 36.28A.070.
(8) All tactical and intelligence information provided to the
Washington association of sheriffs and police chiefs under chapter 102,
Laws of 2003 is exempt from public disclosure as provided in ((RCW
42.17.310(1)(d))) section 404 of this act.
Sec. 270 RCW 36.57.120 and 1999 c 202 s 4 are each amended to
read as follows:
(1) Each county transportation authority that owns or operates a
rail
fixed guideway system as defined in RCW 81.104.015 shall submit a
system safety and security program plan for that guideway to the state
department of transportation by September 1, 1999, or at least three
months before beginning operations or instituting revisions to its
plan. This plan must describe the county transportation authority's
procedures for (a) reporting and investigating reportable accidents,
unacceptable hazardous conditions, and security breaches, (b)
submitting corrective action plans and annual safety and security audit
reports, (c) facilitating on-site safety and security reviews by the
state department of transportation, and (d) addressing passenger and
employee security. The plan must, at a minimum, conform to the
standards adopted by the state department of transportation. If
required by the department, the county transportation authority shall
revise its plan to incorporate the department's review comments within
sixty days after their receipt, and resubmit its revised plan for
review.
(2) Each county transportation authority shall implement and comply
with its system safety and security program plan. The county
transportation authority shall perform internal safety and security
audits to evaluate its compliance with the plan, and submit its audit
schedule to the department of transportation no later than December
15th each year. The county transportation authority shall prepare an
annual report for its internal safety and security audits undertaken in
the prior year and submit it to the department no later than February
15th. This annual report must include the dates the audits were
conducted, the scope of the audit activity, the audit findings and
recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3) Each county transportation authority shall notify the
department of transportation within twenty-four hours of an occurrence
of a reportable accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a reportable
accident, unacceptable hazardous condition, or security breach. The
county transportation authority shall investigate all reportable
accidents, unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department within forty-
five calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4) The security section of the safety and security plan required
in subsection (1)(d) of this section is exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). However, the activities and plans as
described in subsections (1)(a), (b), and (c), (2), and (3) of this
section are not subject to this exemption.
Sec. 271 RCW 36.57A.170 and 1999 c 202 s 5 are each amended to
read as follows:
(1) Each public transportation benefit area that owns or operates
a rail fixed guideway system as defined in RCW 81.104.015 shall submit
a system safety and security program plan for that guideway to the
state department of transportation by September 1, 1999, or at least
three months before beginning operations or instituting revisions to
its plan. This plan must describe the public transportation benefit
area's procedures for (a) reporting and investigating reportable
accidents, unacceptable hazardous conditions, and security breaches,
(b) submitting corrective action plans and annual safety and security
audit reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing passenger
and employee security. The plan must, at a minimum, conform to the
standards adopted by the state department of transportation. If
required by the department, the public transportation benefit area
shall revise its plan to incorporate the department's review comments
within sixty days after their receipt, and resubmit its revised plan
for review.
(2) Each public transportation benefit area shall implement and
comply with its system safety and security program plan. The public
transportation benefit area shall perform internal safety and security
audits to evaluate its compliance with the plan, and submit its audit
schedule to the department of transportation no later than December
15th each year. The public transportation benefit area shall prepare
an annual report for its internal safety and security audits undertaken
in the prior year and submit it to the department no later than
February 15th. This annual report must include the dates the audits
were conducted, the scope of the audit activity, the audit findings and
recommendations, the status of any corrective actions taken as a result
of the audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3) Each public transportation benefit area shall notify the
department of transportation within twenty-four hours of an occurrence
of a reportable accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a reportable
accident, unacceptable hazardous condition, or security breach. The
public transportation benefit area shall investigate all reportable
accidents, unacceptable hazardous conditions, or security breaches and
provide a written investigation report to the department within forty-five calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4) The security section of the safety and security plan required
in subsection (1)(d) of this section is exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). However, the activities and plans as
described in subsections (1)(a), (b), and (c), (2), and (3) of this
section are not subject to this exemption.
Sec. 272 RCW 36.70B.220 and 1996 c 206 s 9 are each amended to
read as follows:
(1) Each county and city having populations of ten thousand or more
that plan under RCW 36.70A.040 shall designate permit assistance staff
whose function it is to assist permit applicants. An existing employee
may be designated as the permit assistance staff.
(2) Permit assistance staff designated under this section shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to the subject
application. The local government shall provide counter copies thereof
and, upon request, provide copies according to chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act). The
staff shall also publish and keep current one or more handouts
containing lists and explanations of all local government regulations
and adopted policies;
(b) Establish and make known to the public the means of obtaining
the handouts and related information; and
(c) Provide assistance regarding the application of the local
government's regulations in particular cases.
(3) Permit assistance staff designated under this section may
obtain technical assistance and support in the compilation and
production of the handouts under subsection (2) of this section from
the municipal research council and the department of community, trade,
and economic development.
Sec. 273 RCW 36.70C.120 and 1995 c 347 s 713 are each amended to
read as follows:
(1) When the land use decision being reviewed was made by a
quasi-judicial body or officer who made factual determinations in
support of the decision and the parties to the quasi-judicial
proceeding had an opportunity consistent with due process to make a
record on the factual issues, judicial review of factual issues and the
conclusions drawn from the factual issues shall be confined to the
record created by the quasi-judicial body or officer, except as
provided in subsections (2) through (4) of this section.
(2) For decisions described in subsection (1) of this section, the
record may be supplemented by additional evidence only if the
additional evidence relates to:
(a) Grounds for disqualification of a member of the body or of the
officer that made the land use decision, when such grounds were unknown
by the petitioner at the time the record was created;
(b) Matters that were improperly excluded from the record after
being offered by a party to the quasi-judicial proceeding; or
(c) Matters that were outside the jurisdiction of the body or
officer that made the land use decision.
(3) For land use decisions other than those described in subsection
(1) of this section, the record for judicial review may be supplemented
by evidence of material facts that were not made part of the local
jurisdiction's record.
(4) The court may require or permit corrections of ministerial
errors or inadvertent omissions in the preparation of the record.
(5) The parties may not conduct pretrial discovery except with the
prior permission of the court, which may be sought by motion at any
time after service of the petition. The court shall not grant
permission unless the party requesting it makes a prima facie showing
of need. The court shall strictly limit discovery to what is necessary
for equitable and timely review of the issues that are raised under
subsections (2) and (3) of this section. If the court allows the
record to be supplemented, the court shall require the parties to
disclose before the hearing or trial on the merits the specific
evidence they intend to offer. If any party, or anyone acting on
behalf of any party, requests records under chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act) relating to
the matters at issue, a copy of the request shall simultaneously be
given to all other parties and the court shall take such request into
account in fashioning an equitable discovery order under this section.
Sec. 274 RCW 36.102.200 and 1997 c 220 s 119 are each amended to
read as follows:
The public stadium authority may refuse to disclose financial
information on the master tenant, concessioners, the team affiliate, or
subleasee under ((RCW 42.17.310)) section 407 of this act.
Sec. 275 RCW 39.10.100 and 1994 c 132 s 10 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, all
proceedings, records, contracts, and other public records relating to
alternative public works transactions under this chapter shall be open
to the inspection of any interested person, firm, or corporation in
accordance with chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
(2) Trade secrets, as defined in RCW 19.108.010, or other
proprietary information submitted by a bidder, offeror, or contractor
in connection with an alternative public works transaction under this
chapter shall not be subject to chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act) if the bidder, offeror,
or contractor specifically states in writing the reasons why protection
is necessary, and identifies the data or materials to be protected.
Sec. 276 RCW 40.07.040 and 1977 ex.s. c 232 s 4 are each amended
to read as follows:
(1) The governor or the governor's designee shall take such other
action as may be necessary to maximize the economy, efficiency, and
effectiveness of state publications and to do so may eliminate,
consolidate, or simplify state agency publications.
(2) Nothing in this chapter shall be construed in any way as
restricting public access to public records or the public right to copy
such records as provided by ((RCW 42.17.250 through 42.17.340 as now
existing or hereafter amended)) chapter 42.-- RCW (the new chapter
created in section 103 of this act).
Sec. 277 RCW 41.05.026 and 2003 c 277 s 2 are each amended to
read as follows:
(1) When soliciting proposals for the purpose of awarding contracts
for goods or services, the administrator shall, upon written request by
the bidder, exempt from public inspection and copying such proprietary
data, trade secrets, or other information contained in the bidder's
proposal that relate to the bidder's unique methods of conducting
business or of determining prices or premium rates to be charged for
services under terms of the proposal.
(2) When soliciting information for the development, acquisition,
or implementation of state purchased health care services, the
administrator shall, upon written request by the respondent, exempt
from public inspection and copying such proprietary data, trade
secrets, or other information submitted by the respondent that relate
to the respondent's unique methods of conducting business, data unique
to the product or services of the respondent, or to determining prices
or rates to be charged for services.
(3) Actuarial formulas, statistics, cost and utilization data, or
other proprietary information submitted upon request of the
administrator, board, or a technical review committee created to
facilitate the development, acquisition, or implementation of state
purchased health care under this chapter by a contracting insurer,
health care service contractor, health maintenance organization,
vendor, or other health services organization may be withheld at any
time from public inspection when necessary to preserve trade secrets or
prevent unfair competition.
(4) The board, or a technical review committee created to
facilitate the development, acquisition, or implementation of state
purchased health care under this chapter, may hold an executive session
in accordance with chapter 42.30 RCW during any regular or special
meeting to discuss information submitted in accordance with subsections
(1) through (3) of this section.
(5) A person who challenges a request for or designation of
information as exempt under this section is entitled to seek judicial
review pursuant to chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
Sec. 278 RCW 41.06.160 and 2002 c 354 s 211 are each amended to
read as follows:
In preparing classification and salary schedules as set forth in
RCW 41.06.150 the department of personnel shall give full consideration
to prevailing rates in other public employment and in private
employment in this state. For this purpose the department shall
undertake comprehensive salary and fringe benefit surveys.
Salary and fringe benefit survey information collected from private
employers which identifies a specific employer with the salary and
fringe benefit rates which that employer pays to its employees shall
not be subject to public disclosure under chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act).
Sec. 279 RCW 41.06.167 and 2002 c 354 s 212 are each amended to
read as follows:
The department of personnel shall undertake comprehensive
compensation surveys for officers and entry-level officer candidates of
the Washington state patrol, with such surveys to be conducted in the
year prior to the convening of every other one hundred five day regular
session of the state legislature. Salary and fringe benefit survey
information collected from private employers which identifies a
specific employer with the salary and fringe benefit rates which that
employer pays to its employees shall not be subject to public
disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
Sec. 280 RCW 41.06.450 and 2002 c 354 s 221 are each amended to
read as follows:
(1) The director shall adopt rules applicable to each agency to
ensure that information relating to employee misconduct or alleged
misconduct is destroyed or maintained as follows:
(a) All such information determined to be false and all such
information in situations where the employee has been fully exonerated
of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing on the
employee's job performance or on the efficient and effective management
of the agency, shall be promptly destroyed;
(c) All other information shall be retained only so long as it has
a reasonable bearing on the employee's job performance or on the
efficient and effective management of the agency.
(2) Notwithstanding subsection (1) of this section, an agency may
retain information relating to employee misconduct or alleged
misconduct if:
(a) The employee requests that the information be retained; or
(b) The information is related to pending legal action or legal
action may be reasonably expected to result.
(3) In adopting rules under this section, the director shall
consult with the public disclosure commission to ensure that the public
policy of the state, as expressed in chapters 42.17 and 42.-- (the new
chapter created in section 103 of this act) RCW, is adequately
protected.
Sec. 281 RCW 41.06.455 and 1982 c 208 s 11 are each amended to
read as follows:
RCW 41.06.450 does not prohibit an agency from destroying
identifying information in records relating to employee misconduct or
alleged misconduct if the agency deems the action is consistent with
the policy expressed in RCW 41.06.450 and in chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act).
Sec. 282 RCW 42.17.245 and 1983 c 213 s 1 are each amended to
read as follows:
After January 1st and before April 15th of each calendar year, the
state treasurer, each county, public utility district, and port
district treasurer, and each treasurer of an incorporated city or town
whose population exceeds one thousand shall file with the commission:
(1) A statement under oath that no public funds under that
treasurer's control were invested in any institution where the
treasurer or, in the case of a county, a member of the county finance
committee, held during the reporting period an office, directorship,
partnership interest, or ownership interest; or
(2) A report disclosing for the previous calendar year: (a) The
name and address of each financial institution in which the treasurer
or, in the case of a county, a member of the county finance committee,
held during the reporting period an office, directorship, partnership
interest, or ownership interest which holds or has held during the
reporting period public accounts of the governmental entity for which
the treasurer is responsible; (b) the aggregate sum of time and demand
deposits held in each such financial institution on December 31; and
(c) the highest balance held at any time during such reporting period:
PROVIDED, That the state treasurer shall disclose the highest balance
information only upon request under ((RCW 42.17.250 through 42.17.330))
chapter 42.-- RCW (the new chapter created in section 103 of this act).
The statement or report required by this section shall be filed either
with the statement required under RCW 42.17.240 or separately.
Sec. 283 RCW 42.17.251 and 1992 c 139 s 2 are each amended to
read as follows:
The people of this state do not yield their sovereignty to the
agencies that serve them. The people, in delegating authority, do not
give their public servants the right to decide what is good for the
people to know and what is not good for them to know. The people
insist on remaining informed so that they may maintain control over the
instruments that they have created. ((The public records subdivision
of)) This chapter shall be liberally construed and its exemptions
narrowly construed to promote this public policy.
Sec. 284 RCW 42.17.260 and 1997 c 409 s 601 are each amended to
read as follows:
(1) 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 (6) of
this section, ((RCW 42.17.310, 42.17.315)) 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 ((RCW 42.17.310 and
42.17.315)) this chapter, an agency shall delete identifying details in
a manner consistent with ((RCW 42.17.310 and 42.17.315)) 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.
(2) 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.
(3) 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:
(a) Final opinions, including concurring and dissenting opinions,
as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy,
statute, and the Constitution which have been adopted by the agency;
(c) Administrative staff manuals and instructions to staff that
affect a member of the public;
(d) Planning policies and goals, and interim and final planning
decisions;
(e) 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
(f) 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.
(4) A local agency need not maintain such an index, if to do so
would be unduly burdensome, but it shall in that event:
(a) 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
(b) Make available for public inspection and copying all indexes
maintained for agency use.
(5) Each state agency shall, by rule, establish and implement a
system of indexing for the identification and location of the following
records:
(a) All records issued before July 1, 1990, for which the agency
has maintained an index;
(b) 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;
(c) 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;
(d) Interpretive statements as defined in RCW 34.05.010 that were
entered after June 30, 1990; and
(e) 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.
(6) 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(( -- )):
(a) It has been indexed in an index available to the public; or
(b) Parties affected have timely notice (actual or constructive) of
the terms thereof.
(7) Each agency shall establish, maintain, and make available for
public inspection and copying a statement of the actual per page cost
or other costs, if any, that it charges for providing photocopies of
public records and a statement of the factors and manner used to
determine the actual per page cost or other costs, if any.
(a) In determining the actual per page cost for providing
photocopies of public records, an agency may include all costs directly
incident to copying such public records including the actual cost of
the paper and the per page cost for use of agency copying equipment.
In determining other actual costs for providing photocopies of public
records, an agency may include all costs directly incident to shipping
such public records, including the cost of postage or delivery charges
and the cost of any container or envelope used.
(b) In determining the actual per page cost or other 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 mail the requested
public records may be included in an agency's costs.
(8) An agency need not calculate the actual per page cost or other
costs it charges for providing photocopies of public records if to do
so would be unduly burdensome, but in that event: The agency may not
charge in excess of fifteen cents per page for photocopies of public
records or for the use of agency equipment to photocopy public records
and the actual postage or delivery charge and the cost of any container
or envelope used to mail the public records to the requestor.
(9) 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.
Sec. 285 RCW 42.17.270 and 1987 c 403 s 4 are each amended to
read as follows:
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. 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
42.17.260(((5))) (9) (as recodified by this act) 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 by mail for identifiable public
records unless exempted by provisions of this chapter.
Sec. 286 RCW 42.17.305 and 1995 c 341 s 3 are each amended to
read as follows:
The provisions of RCW 42.17.260 (7) and (8) and 42.17.300 (each as
recodified by this act) that establish or allow agencies to establish
the costs charged for photocopies of public records do not supersede
other statutory provisions, other than in this chapter, authorizing or
governing fees for copying public records.
Sec. 287 RCW 42.17.311 and 1991 c 23 s 11 are each amended to
read as follows:
Nothing in ((RCW 42.17.310(1) (t) through (v))) sections 405 and
413 of this act shall affect a positive duty of an agency to disclose
or a positive duty to withhold information which duty to disclose or
withhold is contained in any other law.
Sec. 288 RCW 42.17.340 and 1992 c 139 s 8 are each amended to
read as follows:
(1) Upon the motion of any person having been denied an opportunity
to inspect or copy a public record by an agency, the superior court in
the county in which a record is maintained may require the responsible
agency to show cause why it has refused to allow inspection or copying
of a specific public record or class of records. The burden of proof
shall be on the agency to establish that refusal to permit public
inspection and copying is in accordance with a statute that exempts or
prohibits disclosure in whole or in part of specific information or
records.
(2) Upon the motion of any person who believes that an agency has
not made a reasonable estimate of the time that the agency requires to
respond to a public record request, the superior court in the county in
which a record is maintained may require the responsible agency to show
that the estimate it provided is reasonable. The burden of proof shall
be on the agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or challenged under
RCW 42.17.250 through 42.17.320 (as recodified by this act) shall be de
novo. Courts shall take into account the policy of this chapter that
free and open examination of public records is in the public interest,
even though such examination may cause inconvenience or embarrassment
to public officials or others. Courts may examine any record in camera
in any proceeding brought under this section. The court may conduct a
hearing based solely on affidavits.
(4) Any person who prevails against an agency in any action in the
courts seeking the right to inspect or copy any public record or the
right to receive a response to a public record request within a
reasonable amount of time shall be awarded all costs, including
reasonable attorney fees, incurred in connection with such legal
action. In addition, it shall be within the discretion of the court to
award such person an amount not less than five dollars and not to
exceed one hundred dollars for each day that he was denied the right to
inspect or copy said public record.
Sec. 289 RCW 42.17.341 and 1995 c 397 s 16 are each amended to
read as follows:
The procedures in RCW 42.17.340 (as recodified by this act) govern
denials of an opportunity to inspect or copy a public record by the
office of the secretary of the senate or the office of the chief clerk
of the house of representatives.
Sec. 290 RCW 42.17.348 and 1992 c 139 s 9 are each amended to
read as follows:
The attorney general's office shall publish, and update when
appropriate, a pamphlet, written in plain language, explaining ((the
provisions of the public records subdivision of)) this chapter.
Sec. 291 RCW 42.48.030 and 1985 c 334 s 3 are each amended to
read as follows:
In addition to the copying charges provided in RCW 42.17.300 (as
recodified by this act), a state agency may impose a reasonable charge
for costs incurred in providing assistance in the following research
activities involving personal records:
(1) Manual or computer screening of personal records for scientific
sampling purposes according to specifications provided by the research
professional;
(2) Manual or computer extraction of information from a universe or
sample of personal records according to specifications provided by the
research professional;
(3) Statistical manipulation or analysis of personal record
information, whether manually or by computer, according to
specifications provided by the research professional.
The charges imposed by the agency may not exceed the amount
necessary to reimburse the agency for its actual costs in providing
requested research assistance.
Sec. 292 RCW 42.52.050 and 1996 c 213 s 4 are each amended to
read as follows:
(1) No state officer or state employee may accept employment or
engage in any business or professional activity that the officer or
employee might reasonably expect would require or induce him or her to
make an unauthorized disclosure of confidential information acquired by
the official or employee by reason of the official's or employee's
official position.
(2) No state officer or state employee may make a disclosure of
confidential information gained by reason of the officer's or
employee's official position or otherwise use the information for his
or her personal gain or benefit or the gain or benefit of another,
unless the disclosure has been authorized by statute or by the terms of
a contract involving (a) the state officer's or state employee's agency
and (b) the person or persons who have authority to waive the
confidentiality of the information.
(3) No state officer or state employee may disclose confidential
information to any person not entitled or authorized to receive the
information.
(4) No state officer or state employee may intentionally conceal a
record if the officer or employee knew the record was required to be
released under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created
in section 103 of this act), was under a personal obligation to release
the record, and failed to do so. This subsection does not apply where
the decision to withhold the record was made in good faith.
Sec. 293 RCW 42.52.810 and 2003 c 265 s 2 are each amended to
read as follows:
(1) When soliciting charitable gifts, grants, or donations solely
for the legislative international trade account created in RCW
44.04.270, the president of the senate is presumed not to be in
violation of the solicitation and receipt of gift provisions in RCW
42.52.140.
(2) When soliciting charitable gifts, grants, or donations solely
for the legislative international trade account created in RCW
44.04.270, state officers and state employees are presumed not to be in
violation of the solicitation and receipt of gift provisions in RCW
42.52.140.
(3) An annual report of the legislative international trade account
activities, including a list of receipts and expenditures, shall be
published by the president of the senate and submitted to the house of
representatives and the senate and be a public record for the purposes
of RCW 42.17.260 (as recodified by this act).
Sec. 294 RCW 43.06A.050 and 1996 c 131 s 6 are each amended to
read as follows:
The ombudsman shall treat all matters under investigation,
including the identities of service recipients, complainants, and
individuals from whom information is acquired, as confidential, except
as far as disclosures may be necessary to enable the ombudsman to
perform the duties of the office and to support any recommendations
resulting from an investigation. Upon receipt of information that by
law is confidential or privileged, the ombudsman shall maintain the
confidentiality of such information and shall not further disclose or
disseminate the information except as provided by applicable state or
federal law. Investigative records of the office of the ombudsman are
confidential and are exempt from public disclosure under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
Sec. 295 RCW 43.21L.120 and 2003 c 393 s 13 are each amended to
read as follows:
(1) For all permit decisions being reviewed that were made by
quasi-judicial bodies or permit agency officers who made factual
determinations in support of the decisions, after the conduct of
proceedings in which the parties had an opportunity consistent with due
process to make records on the factual issues, board review of factual
issues and the conclusions drawn from the factual issues shall be
confined to the records created by the quasi-judicial bodies or permit
agency officers, except as provided in subsections (2) through (4) of
this section.
(2) For decisions described in subsection (1) of this section, the
records may be supplemented by additional evidence only if the
additional evidence relates to:
(a) Grounds for disqualification of a member of the body or of the
officer that made the permit decision, when such grounds were unknown
by the petitioner at the time the record was created;
(b) Matters that were improperly excluded from the record after
being offered by a party to a permit decision proceeding; or
(c) Matters that were outside the jurisdiction of the body or
officer that made the permit decision.
(3) For permit decisions other than those described in subsection
(1) of this section, the board review of the permit decision shall be
de novo on issues presented as error in the petition.
(4) The board may require or permit corrections of ministerial
errors or inadvertent omissions in the preparation of the record.
(5)(a) The parties may not conduct pretrial discovery except with
the prior permission of the board, which may be sought by motion,
subject to any applicable rules adopted by the board, at any time after
service of the petition. The board shall not grant permission unless
the party requesting it makes a prima facie showing of need. The board
shall strictly limit discovery to what is necessary for equitable and
timely review of the issues.
(b) If the board allows the record to be supplemented, or in any de
novo proceeding under subsection (3) of this section, the board shall
require the parties to disclose before the hearing or trial on the
merits the identity of witnesses and the specific evidence they intend
to offer.
(c) If any party, or anyone acting on behalf of any party, requests
records under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created
in section 103 of this act) relating to the matters at issue, a copy of
the request shall simultaneously be given to all other parties, and the
board shall take such request into account in fashioning an equitable
discovery order under this section.
Sec. 296 RCW 43.22.434 and 2004 c 137 s 1 are each amended to
read as follows:
(1) The director or the director's authorized representative may
conduct such inspections, investigations, and audits as may be
necessary to adopt or enforce manufactured and mobile home, commercial
coach, conversion vending units, medical units, recreational vehicle,
park trailer, factory built housing, and factory built commercial
structure rules adopted under the authority of this chapter or to carry
out the director's duties under this chapter.
(2) For purposes of enforcement of this chapter, persons duly
designated by the director upon presenting appropriate credentials to
the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter any
factory, warehouse, or establishment in which manufactured and mobile
homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, park trailers, factory built housing, and
factory built commercial structures are manufactured, stored, or held
for sale;
(b) At reasonable times, within reasonable limits, and in a
reasonable manner inspect any factory, warehouse, or establishment as
required to comply with the standards adopted by the secretary of
housing and urban development under the national manufactured home
construction and safety standards act of 1974. Each inspection shall
be commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending unit or
medical unit, inspect an alteration.
(3) For purposes of determining compliance with this chapter's
permitting requirements for alterations of mobile and manufactured
homes, the department may audit the records of a contractor as defined
in chapter 18.27 RCW or RCW 18.106.020(1) or an electrical contractor
as defined in RCW 19.28.006 when the department has reason to believe
that a violation of the permitting requirements has occurred. The
department shall adopt rules implementing the auditing procedures.
Information obtained from a contractor through an audit authorized by
this subsection is confidential and not open to public inspection under
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act).
(4)(a) The department shall set a schedule of fees by rule which
will cover the costs incurred by the department in the administration
of RCW 43.22.335 through 43.22.490. The department may waive
mobile/manufactured home alteration permit fees for indigent permit
applicants.
(b)(i) Until April 1, 2009, subject to (a) of this subsection, the
department may adopt by rule a temporary statewide fee schedule that
decreases fees for mobile/manufactured home alteration permits and
increases fees for factory-built housing and commercial structures plan
review and inspection services.
(ii) Effective April 1, 2009, the department must adopt a new fee
schedule that is the same as the fee schedule that was in effect
immediately prior to the temporary fee schedule authorized in (b)(i) of
this subsection. However, the new fee schedule must be adjusted by the
fiscal growth factors not applied during the period that the temporary
fee schedule was in effect.
Sec. 297 RCW 43.33A.025 and 2000 c 188 s 1 are each amended to
read as follows:
(1) Notwithstanding any provision of RCW 43.43.700 through
43.43.815, the state investment board shall require a criminal history
record check for conviction records through the Washington state patrol
criminal identification system, and through the federal bureau of
investigation, for the purpose of conducting preemployment evaluations
of each finalist candidate for a board staff position exempt from the
provisions of chapter 41.06 RCW, or for any other position in which the
employee will have authority for or access to: (a) Funds under the
jurisdiction or responsibility of the investment board; or (b) data or
security systems of the investment board or designs for such systems.
The record check shall include a fingerprint check using a complete
Washington state criminal identification fingerprint card, which shall
be forwarded by the state patrol to the federal bureau of
investigation.
(2) Information received by the investment board pursuant to this
section shall be made available by the investment board only to board
employees involved in the selection, hiring, background investigation,
or job assignment of the person who is the subject of the record check,
or to that subject person, and it shall be used only for the purposes
of making, supporting, or defending decisions regarding the appointment
or hiring of persons for these positions, or securing any necessary
bonds or other requirements for such employment. Otherwise, the
reports, and information contained therein, shall remain confidential
and shall not be subject to the disclosure requirements of chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
(3) Fees charged by the Washington state patrol, or the federal
bureau of investigation, for conducting these investigations and
providing these reports shall be paid by the investment board.
Sec. 298 RCW 43.43.856 and 2003 c 53 s 230 are each amended to
read as follows:
(1)(a) On and after April 26, 1973, it shall be unlawful for any
person to divulge specific investigative information pertaining to
activities related to organized crime which he or she has obtained by
reason of public employment with the state of Washington or its
political subdivisions unless such person is authorized or required to
do so by operation of state or federal law.
(b) Any person violating (a) of this subsection is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
(2) Except as provided in RCW 43.43.854, or pursuant to the rules
of the supreme court of Washington, all of the information and data
collected and processed by the organized crime intelligence unit shall
be confidential and not subject to examination or publication pursuant
to chapter ((42.17 RCW (Initiative Measure No. 276))) 42.-- RCW (the
new chapter created in section 103 of this act).
(3) The chief of the Washington state patrol shall prescribe such
standards and procedures relating to the security of the records and
files of the organized crime intelligence unit, as he or she deems to
be in the public interest with the advice of the governor and the
board.
Sec. 299 RCW 43.52.570 and 1987 c 376 s 3 are each amended to
read as follows:
For the awarding of a contract to purchase any item or items of
materials, equipment, or supplies in an amount exceeding five thousand
dollars but less than seventy-five thousand dollars, exclusive of sales
tax, the managing director or a designee may, in lieu of sealed bids,
secure telephone and/or written quotations from at least five vendors,
where practical, and award contracts for purchase of materials,
equipment, or supplies to the lowest responsible bidder. The agency
shall establish a procurement roster, which shall consist of suppliers
and manufacturers who may supply materials or equipment to the
operating agency, and shall provide for solicitations which will
equitably distribute opportunity for bids among suppliers and
manufacturers on the roster. Immediately after the award is made, the
bid quotations obtained shall be recorded and shall be posted or
otherwise made available for public inspection and copying pursuant to
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act) at the office of the operating agency or any other
officially designated location. Waiver of the deposit or bid bond
required for sealed bids may be authorized by the operating agency in
securing the bid quotations.
Sec. 300 RCW 43.52.612 and 1982 1st ex.s. c 44 s 5 are each
amended to read as follows:
A joint operating agency shall require that bids upon any
construction or improvement of any nuclear generating project and
associated facilities shall be made upon the contract bid form supplied
by the operating agency, and in no other manner. The operating agency
may, before furnishing any person, firm, or corporation desiring to bid
upon any work with a contract bid form, require from the person, firm,
or corporation, answers to questions contained in a standard form of
questionnaire and financial statement, including a complete statement
of the financial ability and experience of the person, firm, or
corporation in performing work. The questionnaire shall be sworn to
before a notary public or other person authorized to take
acknowledgement of deeds and shall be submitted once a year or at such
other times as the operating agency may require. Whenever the
operating agency is not satisfied with the sufficiency of the answers
contained in the questionnaire and financial statement or whenever the
operating agency determines that the person, firm, or corporation does
not meet all of the requirements set forth in this section, it may
refuse to furnish the person, firm, or corporation with a contract bid
form and any bid of the person, firm, or corporation must be
disregarded. The operating agency shall require that a person, firm,
or corporation have all of the following requirements in order to
obtain a contract form:
(1) Adequate financial resources, the ability to secure these
resources, or the capability to secure a one hundred percent payment
and performance bond;
(2) The necessary experience, organization, and technical
qualifications to perform the proposed contract;
(3) The ability to comply with the required performance schedule
taking into consideration all of its existing business commitments;
(4) A satisfactory record of performance, integrity, judgment, and
skills; and
(5) Be otherwise qualified and eligible to receive an award under
applicable laws and regulations.
The refusal shall be conclusive unless appealed to the superior
court of the county where the operating agency is situated or Thurston
county within fifteen days, which appeal shall be heard summarily
within ten days after the appeal is made and on five days' notice
thereof to the operating agency.
The prevailing party in such litigation shall be awarded its
attorney fees and costs.
The operating agency shall not be required to make available for
public inspection or copying under chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act) financial information
provided under this section.
Sec. 301 RCW 43.70.050 and 1989 1st ex.s. c 9 s 107 are each
amended to read as follows:
(1) The legislature intends that the department((,)) and board((,
and council)) promote and assess the quality, cost, and accessibility
of health care throughout the state as their roles are specified in
chapter 9, Laws of 1989 1st ex. sess. in accordance with the provisions
of this chapter. In furtherance of this goal, the secretary shall
create an ongoing program of data collection, storage, assessability,
and review. The legislature does not intend that the department
conduct or contract for the conduct of basic research activity. The
secretary may request appropriations for studies according to this
section from the legislature, the federal government, or private
sources.
(2) All state agencies which collect or have access to population-based, health-related data are directed to allow the secretary access
to such data. This includes, but is not limited to, data on needed
health services, facilities, and personnel; future health issues;
emerging bioethical issues; health promotion; recommendations from
state and national organizations and associations; and programmatic and
statutory changes needed to address emerging health needs. Private
entities, such as insurance companies, health maintenance
organizations, and private purchasers are also encouraged to give the
secretary access to such data in their possession. The secretary's
access to and use of all data shall be in accordance with state and
federal confidentiality laws and ethical guidelines. Such data in any
form where the patient or provider of health care can be identified
shall not be disclosed, subject to disclosure according to chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act), discoverable or admissible in judicial or administrative
proceedings. Such data can be used in proceedings in which the use of
the data is clearly relevant and necessary and both the department and
the patient or provider are parties.
(3) The department shall serve as the clearinghouse for information
concerning innovations in the delivery of health care services, the
enhancement of competition in the health care marketplace, and federal
and state information affecting health care costs.
(4) The secretary shall review any data collected, pursuant to this
chapter, to:
(a) Identify high-priority health issues that require study or
evaluation. Such issues may include, but are not limited to:
(i) Identification of variations of health practice which indicate
a lack of consensus of appropriateness;
(ii) Evaluation of outcomes of health care interventions to assess
their benefit to the people of the state;
(iii) Evaluation of specific population groups to identify needed
changes in health practices and services;
(iv) Evaluation of the risks and benefits of various incentives
aimed at individuals and providers for both preventing illnesses and
improving health services;
(v) Identification and evaluation of bioethical issues affecting
the people of the state; and
(vi) Other such objectives as may be appropriate;
(b) Further identify a list of high-priority health study issues
for consideration by the board ((or council)), within their authority,
for inclusion in the state health report required by RCW 43.20.050.
The list shall specify the objectives of each study, a study timeline,
the specific improvements in the health status of the citizens expected
as a result of the study, and the estimated cost of the study; and
(c) Provide background for the state health report required by RCW
43.20.050.
(5) Any data, research, or findings may also be made available to
the general public, including health professions, health associations,
the governor, professional boards and regulatory agencies and any
person or group who has allowed the secretary access to data.
(6) The secretary may charge a fee to persons requesting copies of
any data, research, or findings. The fee shall be no more than
necessary to cover the cost to the department of providing the copy.
Sec. 302 RCW 43.70.510 and 2004 c 145 s 2 are each amended to
read as follows:
(1)(a) Health care institutions and medical facilities, other than
hospitals, that are licensed by the department, professional societies
or organizations, health care service contractors, health maintenance
organizations, health carriers approved pursuant to chapter 48.43 RCW,
and any other person or entity providing health care coverage under
chapter 48.42 RCW that is subject to the jurisdiction and regulation of
any state agency or any subdivision thereof may maintain a coordinated
quality improvement program for the improvement of the quality of
health care services rendered to patients and the identification and
prevention of medical malpractice as set forth in RCW 70.41.200.
(b) All such programs shall comply with the requirements of RCW
70.41.200(1) (a), (c), (d), (e), (f), (g), and (h) as modified to
reflect the structural organization of the institution, facility,
professional societies or organizations, health care service
contractors, health maintenance organizations, health carriers, or any
other person or entity providing health care coverage under chapter
48.42 RCW that is subject to the jurisdiction and regulation of any
state agency or any subdivision thereof, unless an alternative quality
improvement program substantially equivalent to RCW 70.41.200(1)(a) is
developed. All such programs, whether complying with the requirement
set forth in RCW 70.41.200(1)(a) or in the form of an alternative
program, must be approved by the department before the discovery
limitations provided in subsections (3) and (4) of this section and the
exemption under ((RCW 42.17.310(1)(hh))) section 416(1)(c) of this act
and subsection (5) of this section shall apply. In reviewing plans
submitted by licensed entities that are associated with physicians'
offices, the department shall ensure that the exemption under ((RCW
42.17.310(1)(hh))) section 416(1)(c) of this act and the discovery
limitations of this section are applied only to information and
documents related specifically to quality improvement activities
undertaken by the licensed entity.
(2) Health care provider groups of five or more providers may
maintain a coordinated quality improvement program for the improvement
of the quality of health care services rendered to patients and the
identification and prevention of medical malpractice as set forth in
RCW 70.41.200. All such programs shall comply with the requirements of
RCW 70.41.200(1) (a), (c), (d), (e), (f), (g), and (h) as modified to
reflect the structural organization of the health care provider group.
All such programs must be approved by the department before the
discovery limitations provided in subsections (3) and (4) of this
section and the exemption under ((RCW 42.17.310(1)(hh))) section
416(1)(c) of this act and subsection (5) of this section shall apply.
(3) Any person who, in substantial good faith, provides information
to further the purposes of the quality improvement and medical
malpractice prevention program or who, in substantial good faith,
participates on the quality improvement committee shall not be subject
to an action for civil damages or other relief as a result of such
activity. Any person or entity participating in a coordinated quality
improvement program that, in substantial good faith, shares information
or documents with one or more other programs, committees, or boards
under subsection (6) of this section is not subject to an action for
civil damages or other relief as a result of the activity or its
consequences. For the purposes of this section, sharing information is
presumed to be in substantial good faith. However, the presumption may
be rebutted upon a showing of clear, cogent, and convincing evidence
that the information shared was knowingly false or deliberately
misleading.
(4) Information and documents, including complaints and incident
reports, created specifically for, and collected, and maintained by a
quality improvement committee are not subject to discovery or
introduction into evidence in any civil action, and no person who was
in attendance at a meeting of such committee or who participated in the
creation, collection, or maintenance of information or documents
specifically for the committee shall be permitted or required to
testify in any civil action as to the content of such proceedings or
the documents and information prepared specifically for the committee.
This subsection does not preclude: (a) In any civil action, the
discovery of the identity of persons involved in the medical care that
is the basis of the civil action whose involvement was independent of
any quality improvement activity; (b) in any civil action, the
testimony of any person concerning the facts that form the basis for
the institution of such proceedings of which the person had personal
knowledge acquired independently of such proceedings; (c) in any civil
action by a health care provider regarding the restriction or
revocation of that individual's clinical or staff privileges,
introduction into evidence information collected and maintained by
quality improvement committees regarding such health care provider; (d)
in any civil action challenging the termination of a contract by a
state agency with any entity maintaining a coordinated quality
improvement program under this section if the termination was on the
basis of quality of care concerns, introduction into evidence of
information created, collected, or maintained by the quality
improvement committees of the subject entity, which may be under terms
of a protective order as specified by the court; (e) in any civil
action, disclosure of the fact that staff privileges were terminated or
restricted, including the specific restrictions imposed, if any and the
reasons for the restrictions; or (f) in any civil action, discovery and
introduction into evidence of the patient's medical records required by
rule of the department of health to be made regarding the care and
treatment received.
(5) Information and documents created specifically for, and
collected and maintained by a quality improvement committee are exempt
from disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
(6) A coordinated quality improvement program may share information
and documents, including complaints and incident reports, created
specifically for, and collected and maintained by a quality improvement
committee or a peer review committee under RCW 4.24.250 with one or
more other coordinated quality improvement programs maintained in
accordance with this section or with RCW 70.41.200 or a peer review
committee under RCW 4.24.250, for the improvement of the quality of
health care services rendered to patients and the identification and
prevention of medical malpractice. The privacy protections of chapter
70.02 RCW and the federal health insurance portability and
accountability act of 1996 and its implementing regulations apply to
the sharing of individually identifiable patient information held by a
coordinated quality improvement program. Any rules necessary to
implement this section shall meet the requirements of applicable
federal and state privacy laws. Information and documents disclosed by
one coordinated quality improvement program to another coordinated
quality improvement program or a peer review committee under RCW
4.24.250 and any information and documents created or maintained as a
result of the sharing of information and documents shall not be subject
to the discovery process and confidentiality shall be respected as
required by subsection (4) of this section and RCW 4.24.250.
(7) The department of health shall adopt rules as are necessary to
implement this section.
Sec. 303 RCW 44.05.080 and 1983 c 16 s 8 are each amended to read
as follows:
In addition to other duties prescribed by law, the commission
shall:
(1) Adopt rules pursuant to the Administrative Procedure Act,
chapter 34.05 RCW, to carry out the provisions of Article II, section
43 of the state Constitution and of this chapter, which rules shall
provide that three voting members of the commission constitute a quorum
to do business, and that the votes of three of the voting members are
required for any official action of the commission;
(2) Act as the legislature's recipient of the final redistricting
data and maps from the United States Bureau of the Census;
(3) Comply with requirements to disclose and preserve public
records as specified in chapters 40.14 and ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act);
(4) Hold open meetings pursuant to the open public meetings act,
chapter 42.30 RCW;
(5) Prepare and disclose its minutes pursuant to RCW 42.32.030;
(6) Be subject to the provisions of RCW 42.17.240;
(7) Prepare and publish a report with the plan; the report will be
made available to the public at the time the plan is published. The
report will include but will not be limited to: (a) The population and
percentage deviation from the average district population for every
district; (b) an explanation of the criteria used in developing the
plan with a justification of any deviation in a district from the
average district population; (c) a map of all the districts; and (d)
the estimated cost incurred by the counties for adjusting precinct
boundaries.
Sec. 304 RCW 46.12.380 and 1995 c 254 s 10 are each amended to
read as follows:
(1) Notwithstanding the provisions of chapter ((42.17 RCW)) 42.--
RCW (the new chapter created in section 103 of this act), the name or
address of an individual vehicle owner shall not be released by the
department, county auditor, or agency or firm authorized by the
department except under the following circumstances:
(a) The requesting party is a business entity that requests the
information for use in the course of business;
(b) The request is a written request that is signed by the person
requesting disclosure that contains the full legal name and address of
the requesting party, that specifies the purpose for which the
information will be used; and
(c) The requesting party enters into a disclosure agreement with
the department in which the party promises that the party will use the
information only for the purpose stated in the request for the
information; and that the party does not intend to use, or facilitate
the use of, the information for the purpose of making any unsolicited
business contact with a person named in the disclosed information. The
term "unsolicited business contact" means a contact that is intended to
result in, or promote, the sale of any goods or services to a person
named in the disclosed information. The term does not apply to
situations where the requesting party and such person have been
involved in a business transaction prior to the date of the disclosure
request and where the request is made in connection with the
transaction.
(2) The disclosing entity shall retain the request for disclosure
for three years.
(3) Whenever the disclosing entity grants a request for information
under this section by an attorney or private investigator, the
disclosing entity shall provide notice to the vehicle owner, to whom
the information applies, that the request has been granted. The notice
also shall contain the name and address of the requesting party.
(4) Any person who is furnished vehicle owner information under
this section shall be responsible for assuring that the information
furnished is not used for a purpose contrary to the agreement between
the person and the department.
(5) This section shall not apply to requests for information by
governmental entities or requests that may be granted under any other
provision of this title expressly authorizing the disclosure of the
names or addresses of vehicle owners.
(6) This section shall not apply to title history information under
RCW 19.118.170.
Sec. 305 RCW 46.12.390 and 1990 c 232 s 3 are each amended to
read as follows:
(1) The department may review the activities of a person who
receives vehicle record information to ensure compliance with the
limitations imposed on the use of the information. The department
shall suspend or revoke for up to five years the privilege of obtaining
vehicle record information of a person found to be in violation of
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act), this chapter, or a disclosure agreement executed with the
department.
(2) In addition to the penalty in subsection (1) of this section:
(a) The unauthorized disclosure of information from a department
vehicle record; or
(b) The use of a false representation to obtain information from
the department's vehicle records; or
(c) The use of information obtained from the department vehicle
records for a purpose other than what is stated in the request for
information or in the disclosure agreement executed with the
department; or
(d) The sale or other distribution of any vehicle owner name or
address to another person not disclosed in the request or disclosure
agreement
is a gross misdemeanor punishable by a fine not to exceed ten thousand
dollars, or by imprisonment in a county jail not to exceed one year, or
by both such fine and imprisonment for each violation.
Sec. 306 RCW 46.20.041 and 1999 c 274 s 12 are each amended to
read as follows:
(1) If the department has reason to believe that a person is
suffering from a physical or mental disability or disease that may
affect that person's ability to drive a motor vehicle, the department
must evaluate whether the person is able to safely drive a motor
vehicle. As part of the evaluation:
(a) The department shall permit the person to demonstrate
personally that notwithstanding the disability or disease he or she is
able to safely drive a motor vehicle.
(b) The department may require the person to obtain a statement
signed by a licensed physician or other proper authority designated by
the department certifying the person's condition.
(i) The statement is for the confidential use of the director and
the chief of the Washington state patrol and for other public officials
designated by law. It is exempt from public inspection and copying
notwithstanding chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
(ii) The statement may not be offered as evidence in any court
except when appeal is taken from the order of the director canceling or
withholding a person's driving privilege. However, the department may
make the statement available to the director of the department of
retirement systems for use in determining eligibility for or
continuance of disability benefits and it may be offered and admitted
as evidence in any administrative proceeding or court action concerning
the disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver's license to the person without
restrictions;
(b) Cancel or withhold the driving privilege from the person; or
(c) Issue a restricted driver's license to the person. The
restrictions must be suitable to the licensee's driving ability. The
restrictions may include:
(i) Special mechanical control devices on the motor vehicle
operated by the licensee;
(ii) Limitations on the type of motor vehicle that the licensee may
operate; or
(iii) Other restrictions determined by the department to be
appropriate to assure the licensee's safe operation of a motor vehicle.
(3) The department may either issue a special restricted license or
may set forth the restrictions upon the usual license form.
(4) The department may suspend or revoke a restricted license upon
receiving satisfactory evidence of any violation of the restrictions.
In that event the licensee is entitled to a driver improvement
interview and a hearing as provided by RCW 46.20.322 or 46.20.328.
(5) Operating a motor vehicle in violation of the restrictions
imposed in a restricted license is a traffic infraction.
Sec. 307 RCW 46.20.118 and 1990 c 250 s 37 are each amended to
read as follows:
The department shall maintain a negative file. It shall contain
negatives of all pictures taken by the department of licensing as
authorized by RCW 46.20.070 through 46.20.119. Negatives in the file
shall not be available for public inspection and copying under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act). The department may make the file available to official
governmental enforcement agencies to assist in the investigation by the
agencies of suspected criminal activity. The department may also
provide a print to the driver's next of kin in the event the driver is
deceased.
Sec. 308 RCW 47.64.220 and 1999 c 256 s 1 are each amended to
read as follows:
(1) Prior to collective bargaining, the marine employees'
commission shall conduct a salary survey. The results of the survey
shall be published in a report which shall be a public document
comparing wages, hours, employee benefits, and conditions of employment
of involved ferry employees with those of public and private sector
employees in states along the west coast of the United States,
including Alaska, and in British Columbia doing directly comparable but
not necessarily identical work, giving consideration to factors
peculiar to the area and the classifications involved. Such survey
report shall be for the purpose of disclosing generally prevailing
levels of compensation, benefits, and conditions of employment. It
shall be used to guide generally but not to define or limit collective
bargaining between the parties. The commission shall make such other
findings of fact as the parties may request during bargaining or
impasse.
(2) Except as provided in subsection (3) of this section, salary
and employee benefit information collected from private employers that
identifies a specific employer with the salary and employee benefit
rates which that employer pays to its employees is not subject to
public disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act).
(3) A person or entity, having reason to believe that the salary
survey results are inaccurate, may submit a petition to the state
auditor requesting an audit of the data upon which the salary survey
results are based. The state auditor shall review and analyze all data
collected for the salary survey, including proprietary information, but
is prohibited from disclosing the salary survey data to any other
person or entity, except by court order.
Sec. 309 RCW 48.02.065 and 2001 c 57 s 1 are each amended to read
as follows:
(1) Documents, materials, or other information as described in
subsection (5) of this section are confidential by law and privileged,
are not subject to public disclosure under chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act), and are not
subject to subpoena directed to the commissioner or any person who
received documents, materials, or other information while acting under
the authority of the commissioner. The commissioner is authorized to
use such documents, materials, or other information in the furtherance
of any regulatory or legal action brought as a part of the
commissioner's official duties. The confidentiality and privilege
created by this section and ((RCW 42.17.31916)) section 420(9) of this
act applies only to the commissioner, any person acting under the
authority of the commissioner, the national association of insurance
commissioners and its affiliates and subsidiaries, regulatory and law
enforcement officials of other states and nations, the federal
government, and international authorities.
(2) Neither the commissioner nor any person who received documents,
materials, or other information while acting under the authority of the
commissioner is permitted or required to testify in any private civil
action concerning any confidential and privileged documents, materials,
or information subject to subsection (1) of this section.
(3) The commissioner:
(a) May share documents, materials, or other information, including
the confidential and privileged documents, materials, or information
subject to subsection (1) of this section, with (i) the national
association of insurance commissioners and its affiliates and
subsidiaries, and (ii) regulatory and law enforcement officials of
other states and nations, the federal government, and international
authorities, if the recipient agrees to maintain the confidentiality
and privileged status of the document, material, or other information;
(b) May receive documents, materials, or information, including
otherwise either confidential or privileged, or both, documents,
materials, or information, from (i) the national association of
insurance commissioners and its affiliates and subsidiaries, and (ii)
regulatory and law enforcement officials of other states and nations,
the federal government, and international authorities and shall
maintain as confidential and privileged any document, material, or
information received that is either confidential or privileged, or
both, under the laws of the jurisdiction that is the source of the
document, material, or information; and
(c) May enter into agreements governing the sharing and use of
information consistent with this subsection.
(4) No waiver of an existing privilege or claim of confidentiality
in the documents, materials, or information may occur as a result of
disclosure to the commissioner under this section or as a result of
sharing as authorized in subsection (3) of this section.
(5) Documents, materials, or information, which is either
confidential or privileged, or both, which has been provided to the
commissioner by (a) the national association of insurance commissioners
and its affiliates and subsidiaries, (b) regulatory or law enforcement
officials of other states and nations, the federal government, or
international authorities, or (c) agencies of this state, is
confidential and privileged only if the documents, materials, or
information is protected from disclosure by the applicable laws of the
jurisdiction that is the source of the document, material, or
information.
Sec. 310 RCW 48.20.530 and 1991 c 87 s 7 are each amended to read
as follows:
For the purposes of this chapter, a nonresident pharmacy is defined
as any pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to an enrolled
participant or his/her representative, controlled substances, legend
drugs, or devices into this state.
After October 1, 1991, an insurer providing coverage of
prescription drugs from nonresident pharmacies may only provide
coverage from licensed nonresident pharmacies. The insurers shall
obtain proof of current licensure in conformity with this section and
RCW 18.64.350 through 18.64.400 from the nonresident pharmacy and keep
that proof of licensure on file.
The department of health may request from the insurer the proof of
current licensure for all nonresident pharmacies through which the
insurer is providing coverage for prescription drugs to residents of
the state of Washington. This information, which may constitute a full
or partial customer list, shall be confidential and exempt from public
disclosure, and from the requirements of chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act). The board or
the department shall not be restricted in the disclosure of the name of
a nonresident pharmacy that is or has been licensed under RCW 18.64.360
or 18.64.370 or of the identity of a nonresident pharmacy disciplined
under RCW 18.64.350 through 18.64.400.
Sec. 311 RCW 48.21.330 and 1991 c 87 s 8 are each amended to read
as follows:
For the purposes of this chapter, a nonresident pharmacy is defined
as any pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to an enrolled
participant or his/her representative, controlled substances, legend
drugs, or devices into this state.
After October 1, 1991, an insurer providing coverage of
prescription drugs from nonresident pharmacies may only provide
coverage from licensed nonresident pharmacies. The insurers shall
obtain proof of current licensure in conformity with this section and
RCW 18.64.350 through 18.64.400 from the nonresident pharmacy and keep
that proof of licensure on file.
The department may request from the insurer the proof of current
licensure for all nonresident pharmacies through which the insurer is
providing coverage for prescription drugs for residents of the state of
Washington. This information, which may constitute a full or partial
customer list, shall be confidential and exempt from public disclosure,
and from the requirements of chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act). The board or the
department shall not be restricted in the disclosure of the name of a
nonresident pharmacy that is or has been licensed under RCW 18.64.360
or 18.64.370 or of the identity of a nonresident pharmacy disciplined
under RCW 18.64.350 through 18.64.400.
Sec. 312 RCW 48.30A.060 and 1995 c 285 s 12 are each amended to
read as follows:
Each insurer shall annually provide to the insurance commissioner
a summary report on actions taken under its antifraud plan to prevent
and combat insurance fraud. The report must also include, but not be
limited to, measures taken to protect and ensure the integrity of
electronic data processing-generated data and manually compiled data,
statistical data on the amount of resources committed to combatting
fraud, and the amount of fraud identified and recovered during the
reporting period. The antifraud plans and summary of the insurer's
antifraud activities are not public records and are exempt from chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act), are proprietary, are not subject to public examination, and are
not discoverable or admissible in civil litigation.
Sec. 313 RCW 48.32A.185 and 2001 c 50 s 19 are each amended to
read as follows:
(1) No person, including an insurer, agent, or affiliate of an
insurer may make, publish, disseminate, circulate, or place before the
public, or cause directly or indirectly, to be made, published,
disseminated, circulated, or placed before the public, in any
newspaper, magazine, or other publication, or in the form of a notice,
circular, pamphlet, letter, or poster, or over any radio station or
television station, or in any other way, any advertisement,
announcement, or statement, written or oral, which uses the existence
of the insurance guaranty association of this state for the purpose of
sales, solicitation, or inducement to purchase any form of insurance
covered by the Washington life and disability insurance guaranty
association act. However, this section does not apply to the
Washington life and disability insurance guaranty association or any
other entity which does not sell or solicit insurance.
(2) Within one hundred eighty days after July 22, 2001, the
association shall prepare a summary document describing the general
purposes and current limitations of this chapter and complying with
subsection (3) of this section. This document must be submitted to the
commissioner for approval. The document must also be available upon
request by a policy owner. The distribution, delivery, contents, or
interpretation of this document does not guarantee that either the
policy or the contract or the owner of the policy or contract is
covered in the event of the impairment or insolvency of a member
insurer. The description document must be revised by the association
as amendments to this chapter may require. Failure to receive this
document does not give the policy owner, contract owner, certificate
holder, or insured any greater rights than those stated in this
chapter.
(3) The document prepared under subsection (2) of this section must
contain a clear and conspicuous disclaimer on its face. The
commissioner shall establish the form and content of the disclaimer.
The disclaimer must:
(a) State the name and address of the life and disability insurance
guaranty association and insurance department;
(b) Prominently warn the policy or contract owner that the life and
disability insurance guaranty association may not cover the policy or,
if coverage is available, it is subject to substantial limitations and
exclusions and conditioned on continued residence in this state;
(c) State the types of policies for which guaranty funds provide
coverage;
(d) State that the insurer and its agents are prohibited by law
from using the existence of the life and disability insurance guaranty
association for the purpose of sales, solicitation, or inducement to
purchase any form of insurance;
(e) State that the policy or contract owner should not rely on
coverage under the life and disability insurance guaranty association
when selecting an insurer;
(f) Explain rights available and procedures for filing a complaint
to allege a violation of any provisions of this chapter; and
(g) Provide other information as directed by the commissioner
including but not limited to, sources for information about the
financial condition of insurers provided that the information is not
proprietary and is subject to disclosure under chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act).
(4) A member insurer must retain evidence of compliance with
subsection (2) of this section for as long as the policy or contract
for which the notice is given remains in effect.
Sec. 314 RCW 48.44.470 and 1991 c 87 s 9 are each amended to read
as follows:
For the purposes of this chapter, a nonresident pharmacy is defined
as any pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to an enrolled
participant or his/her representative, controlled substances, legend
drugs, or devices into this state.
After October 1, 1991, a health care service contractor providing
coverage of prescription drugs from nonresident pharmacies may only
provide coverage from licensed nonresident pharmacies. The health care
service contractors shall obtain proof of current licensure in
conformity with this section and RCW 18.64.350 through 18.64.400 from
the nonresident pharmacy and keep that proof of licensure on file.
The department may request from the health care service contractor
the proof of current licensure for all nonresident pharmacies through
which the insurer is providing coverage for prescription drugs for
residents of the state of Washington. This information, which may
constitute a full or partial customer list, shall be confidential and
exempt from public disclosure, and from the requirements of chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act). The board or the department shall not be restricted in the
disclosure of the name of a nonresident pharmacy that is or has been
licensed under RCW 18.64.360 or 18.64.370 or of the identity of a
nonresident pharmacy disciplined under RCW 18.64.350 through 18.64.400.
Sec. 315 RCW 48.46.540 and 1991 c 87 s 10 are each amended to
read as follows:
For the purposes of this chapter, a nonresident pharmacy is defined
as any pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to an enrolled
participant or his/her representative, controlled substances, legend
drugs, or devices into this state.
After October 1, 1991, a health maintenance organization providing
coverage of prescription drugs from nonresident pharmacies may only
provide coverage from licensed nonresident pharmacies. The health
maintenance organizations shall obtain proof of current licensure in
conformity with this section and RCW 18.64.350 through 18.64.400 from
the nonresident pharmacy and keep that proof of licensure on file.
The department may request from the health maintenance organization
the proof of current licensure for all nonresident pharmacies through
which the insurer is providing coverage for prescription drugs for
residents of the state of Washington. This information, which may
constitute a full or partial customer list, shall be confidential and
exempt from public disclosure, and from the requirements of chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act). The board or the department shall not be restricted in the
disclosure of the name of a nonresident pharmacy that is or has been
licensed under RCW 18.64.360 or 18.64.370 or of the identity of a
nonresident pharmacy disciplined under RCW 18.64.350 through 18.64.400.
Sec. 316 RCW 48.62.101 and 1991 sp.s. c 30 s 10 are each amended
to read as follows:
(1) All self-insurance programs governed by this chapter may
provide for executive sessions in accordance with chapter 42.30 RCW to
consider litigation and settlement of claims when it appears that
public discussion of these matters would impair the program's ability
to conduct its business effectively.
(2) Notwithstanding any provision to the contrary contained in the
public ((disclosure)) records act, chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act), in a claim or action
against the state or a local government entity, no person is entitled
to discover that portion of any funds or liability reserve established
for purposes of satisfying a claim or cause of action, except that the
reserve is discoverable in a supplemental or ancillary proceeding to
enforce a judgment. All other records of individual or joint self-insurance programs are subject to disclosure in accordance with chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
(3) In accordance with chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act), bargaining groups
representing local government employees shall have reasonable access to
information concerning the experience and performance of any health and
welfare benefits program established for the benefit of such employees.
Sec. 317 RCW 48.94.010 and 1993 c 462 s 24 are each amended to
read as follows:
(1) No person, firm, association, or corporation may act as a
reinsurance intermediary-broker in this state if the person, firm,
association, or corporation maintains an office either directly or as
a member or employee of a firm or association, or an officer, director,
or employee of a corporation:
(a) In this state, unless the person, firm, association, or
corporation is a licensed reinsurance intermediary-broker in this
state; or
(b) In another state, unless the person, firm, association, or
corporation is a licensed reinsurance intermediary-broker in this state
or another state having a regulatory scheme substantially similar to
this chapter.
(2) No person, firm, association, or corporation may act as a
reinsurance intermediary-manager:
(a) For a reinsurer domiciled in this state, unless the person,
firm, association, or corporation is a licensed reinsurance
intermediary-manager in this state;
(b) In this state, if the person, firm, association, or corporation
maintains an office either directly or as a member or employee of a
firm or association, or an officer, director, or employee of a
corporation in this state, unless the person, firm, association, or
corporation is a licensed reinsurance intermediary-manager in this
state;
(c) In another state for a nondomestic reinsurer, unless the
person, firm, association, or corporation is a licensed reinsurance
intermediary-manager in this state or another state having a
substantially similar regulatory scheme.
(3) The commissioner may require a reinsurance intermediary-manager
subject to subsection (2) of this section to:
(a) File a bond in an amount and from an insurer acceptable to the
commissioner for the protection of the reinsurer; and
(b) Maintain an errors and omissions policy in an amount acceptable
to the commissioner.
(4)(a) The commissioner may issue a reinsurance intermediary
license to a person, firm, association, or corporation who has complied
with the requirements of this chapter. Any such license issued to a
firm or association authorizes all the members of the firm or
association and any designated employees to act as reinsurance
intermediaries under the license, and all such persons may be named in
the application and any supplements to it. Any such license issued to
a corporation authorizes all of the officers, and any designated
employees and directors of it, to act as reinsurance intermediaries on
behalf of the corporation, and all such persons must be named in the
application and any supplements to it.
(b) If the applicant for a reinsurance intermediary license is a
nonresident, the applicant, as a condition precedent to receiving or
holding a license, shall designate the commissioner as agent for
service of process in the manner, and with the same legal effect,
provided for by this title for designation of service of process upon
unauthorized insurers, and also shall furnish the commissioner with the
name and address of a resident of this state upon whom notices or
orders of the commissioner or process affecting the nonresident
reinsurance intermediary may be served. The licensee shall promptly
notify the commissioner in writing of every change in its designated
agent for service of process, but the change does not become effective
until acknowledged by the commissioner.
(5) The commissioner may refuse to issue a reinsurance intermediary
license if, in his or her judgment, the applicant, anyone named on the
application, or a member, principal, officer, or director of the
applicant, is not trustworthy, or that a controlling person of the
applicant is not trustworthy to act as a reinsurance intermediary, or
that any of the foregoing has given cause for revocation or suspension
of the license, or has failed to comply with a prerequisite for the
issuance of such license. Upon written request, the commissioner will
furnish a summary of the basis for refusal to issue a license, which
document is privileged and not subject to chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act).
(6) Licensed attorneys at law of this state when acting in their
professional capacity as such are exempt from this section.
Sec.318 RCW 48.104.050 and 1999 c 8 s 5 are each amended to read
as follows:
(1) To facilitate the work of the Holocaust survivor assistance
office, the insurance commissioner may establish and maintain a central
registry containing records and information relating to insurance
policies, as described in RCW 48.104.060, of victims, living and
deceased, of the Holocaust. The registry shall be known as the
Holocaust insurance company registry. The insurance commissioner shall
establish standards and procedures to make the information in the
registry available to the public to the extent necessary and
appropriate to determine the existence of insurance policies and to
identify beneficiaries, successors in interest, or other persons
entitled to the proceeds of such policies, and to enable such persons
to claim proceeds to which they may be entitled, while protecting the
privacy of policyholders, their survivors, and their family members.
All information received by the Holocaust insurance company registry or
Holocaust survivor assistance office from any insurer, related company,
or foreign government or regulator shall be considered and deemed to be
matters and information relating to an examination and part of an
examination report that the insurance commissioner may treat as
confidential and withhold from public inspection under RCW
48.03.040(6)(c) and 48.03.050. To the extent necessary and appropriate
to secure access to documents and information located in or subject to
the jurisdiction of other states and countries, the insurance
commissioner is authorized to enter into agreements or to provide
assurances that any or all documents and information received from an
entity regulated by or subject to the laws of such other state or
country, or received from any agency of the government of any such
state or country, will be treated as confidential by the insurance
commissioner and will not be disclosed to any person except with the
approval of the appropriate authority of such state or country or
except as permitted or authorized by the laws of such state or country,
and any such agreement shall be binding and enforceable notwithstanding
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act). To the extent necessary and appropriate to secure access
to documents and information from or in the possession of the
international commission as to which the international commission has
given assurances of confidentiality or privacy, the insurance
commissioner is authorized to enter into agreements or to provide
assurances that any or all such documents and information will be
treated as confidential by the insurance commissioner and will not be
disclosed to any person except with the approval of the international
commission or as permitted by any agreement or assurances given by the
international commission, and any such agreement shall be binding and
enforceable notwithstanding chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act).
(2) The insurance commissioner may cooperate and exchange
information with other states establishing similar registries and with
the international commission, and may enter into agreements whereby a
single registry may be established on behalf of, and to provide
services to the citizens and residents of, several states.
Sec. 319 RCW 50.13.015 and 1989 c 92 s 3 are each amended to read
as follows:
(1) If information provided to the department by another
governmental agency is held private and confidential by state or
federal laws, the department may not release such information.
(2) Information provided to the department by another governmental
entity conditioned upon privacy and confidentiality is to be held
private and confidential according to the agreement between the
department and other governmental agency.
(3) The department may hold private and confidential information
obtained for statistical analysis, research, or study purposes if the
information was supplied voluntarily, conditioned upon maintaining
confidentiality of the information.
(4) Persons requesting disclosure of information held by the
department under subsection (1) or (2) of this section shall request
such disclosure from the agency providing the information to the
department rather than from the department.
(5) This section supersedes any provisions of chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act) to the
contrary.
Sec. 320 RCW 50.13.030 and 1977 ex.s. c 153 s 3 are each amended
to read as follows:
The commissioner ((of the department of employment security)) shall
have the authority to adopt, amend, or rescind rules interpreting and
implementing the provisions of this chapter. In particular, these
rules shall specify the procedure to be followed to obtain information
or records to which the public has access under this chapter or chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
Sec. 321 RCW 50.13.040 and 1993 c 483 s 6 are each amended to
read as follows:
(1) An individual shall have access to all records and information
concerning that individual held by the ((department of)) employment
security department, unless the information is exempt from disclosure
under ((RCW 42.17.310)) section 421 of this act.
(2) An employing unit shall have access to its own records and to
any records and information relating to a benefit claim by an
individual if the employing unit is either the individual's last
employer or is the individual's base year employer.
(3) An employing unit shall have access to any records and
information relating to any decision to allow or deny benefits if:
(a) The decision is based on employment or an offer of employment
with the employing unit; or
(b) If the decision is based on material information provided by
the employing unit.
(4) An employing unit shall have access to general summaries of
benefit claims by individuals whose benefits are chargeable to the
employing unit's experience rating or reimbursement account.
Sec. 322 RCW 50.13.060 and 2003 c 165 s 3 are each amended to
read as follows:
(1) Governmental agencies, including law enforcement agencies,
prosecuting agencies, and the executive branch, whether state, local,
or federal shall have access to information or records deemed private
and confidential under this chapter if the information or records are
needed by the agency for official purposes and:
(a) The agency submits an application in writing to the employment
security department for the records or information containing a
statement of the official purposes for which the information or records
are needed and specific identification of the records or information
sought from the department; and
(b) The director, commissioner, chief executive, or other official
of the agency has verified the need for the specific information in
writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of the
application for records or information on the individual or employing
unit whose records or information are sought and has provided the
department with proof of service. Service shall be made in a manner
which conforms to the civil rules for superior court. The requesting
agency shall include with the copy of the application a statement to
the effect that the individual or employing unit may contact the public
records officer of the employment security department to state any
objections to the release of the records or information. The
employment security department shall not act upon the application of
the requesting agency until at least five days after service on the
concerned individual or employing unit. The employment security
department shall consider any objections raised by the concerned
individual or employing unit in deciding whether the requesting agency
needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this section
shall not apply to the state legislative branch. The state legislature
shall have access to information or records deemed private and
confidential under this chapter, if the legislature or a legislative
committee finds that the information or records are necessary and for
official purposes. If the employment security department does not make
information or records available as provided in this subsection, the
legislature may exercise its authority granted by chapter 44.16 RCW.
(3) In cases of emergency the governmental agency requesting access
shall not be required to formally comply with the provisions of
subsection (1) of this section at the time of the request if the
procedures required by subsection (1) of this section are complied with
by the requesting agency following the receipt of any records or
information deemed private and confidential under this chapter. An
emergency is defined as a situation in which irreparable harm or damage
could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section shall not
apply to governmental agencies where the procedures would frustrate the
investigation of possible violations of criminal laws or to the release
of employing unit names, addresses, number of employees, and aggregate
employer wage data for the purpose of state governmental agencies
preparing small business economic impact statements under chapter 19.85
RCW or preparing cost-benefit analyses under RCW 34.05.328(1) (c) and
(d). Information provided by the department and held to be private and
confidential under state or federal laws must not be misused or
released to unauthorized parties. A person who misuses such
information or releases such information to unauthorized parties is
subject to the sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain records or
information, limited to such items as names, addresses, social security
numbers, and general information about benefit entitlement or employer
information possessed by the department, for comparison purposes with
records or information possessed by the requesting agency to detect
improper or fraudulent claims, or to determine potential tax liability
or employer compliance with registration and licensing requirements.
In those cases the governmental agency shall not be required to comply
with subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) of this section must be satisfied.
(6) Governmental agencies may have access to certain records and
information, limited to employer information possessed by the
department for purposes authorized in chapter 50.38 RCW. Access to
these records and information is limited to only those individuals
conducting authorized statistical analysis, research, and evaluation
studies. Only in cases consistent with the purposes of chapter 50.38
RCW are government agencies not required to comply with subsection
(1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied. Information provided
by the department and held to be private and confidential under state
or federal laws shall not be misused or released to unauthorized
parties subject to the sanctions in RCW 50.13.080.
(7) Disclosure to governmental agencies of information or records
obtained by the employment security department from the federal
government shall be governed by any applicable federal law or any
agreement between the federal government and the employment security
department where so required by federal law. When federal law does not
apply to the records or information state law shall control.
(8) The department may provide information for purposes of
statistical analysis and evaluation of the WorkFirst program or any
successor state welfare program to the department of social and health
services, the office of financial management, and other governmental
entities with oversight or evaluation responsibilities for the program
in accordance with RCW 43.20A.080. The confidential information
provided by the department shall remain the property of the department
and may be used by the authorized requesting agencies only for
statistical analysis, research, and evaluation purposes as provided in
RCW 74.08A.410 and 74.08A.420. The department of social and health
services, the office of financial management, or other governmental
entities with oversight or evaluation responsibilities for the program
are not required to comply with subsection (1)(c) of this section, but
the requirements of the remainder of subsection (1) of this section and
applicable federal laws and regulations must be satisfied. The
confidential information used for evaluation and analysis of welfare
reform supplied to the authorized requesting entities with regard to
the WorkFirst program or any successor state welfare program are exempt
from public inspection and copying under ((RCW 42.17.310)) chapter
42.-- RCW (the new chapter created in section 103 of this act).
(9) The disclosure of any records or information by a governmental
agency which has obtained the records or information under this section
is prohibited unless the disclosure is directly connected to the
official purpose for which the records or information were obtained.
(10) In conducting periodic salary or fringe benefit studies
pursuant to law, the department of personnel shall have access to
records of the employment security department as may be required for
such studies. For such purposes, the requirements of subsection (1)(c)
of this section need not apply.
(11)(a) To promote the reemployment of job seekers, the
commissioner may enter into data-sharing contracts with partners of the
one-stop career development system. The contracts shall provide for
the transfer of data only to the extent that the transfer is necessary
for the efficient provisions of work force programs, including but not
limited to public labor exchange, unemployment insurance, worker
training and retraining, vocational rehabilitation, vocational
education, adult education, transition from public assistance, and
support services. The transfer of information under contracts with
one-stop partners is exempt from subsection (1)(c) of this section.
(b) An individual who applies for services from the department and
whose information will be shared under (a) of this subsection (11) must
be notified that his or her private and confidential information in the
department's records will be shared among the one-stop partners to
facilitate the delivery of one-stop services to the individual. The
notice must advise the individual that he or she may request that
private and confidential information not be shared among the one-stop
partners and the department must honor the request. In addition, the
notice must:
(i) Advise the individual that if he or she requests that private
and confidential information not be shared among one-stop partners, the
request will in no way affect eligibility for services;
(ii) Describe the nature of the information to be shared, the
general use of the information by one-stop partner representatives, and
among whom the information will be shared;
(iii) Inform the individual that shared information will be used
only for the purpose of delivering one-stop services and that further
disclosure of the information is prohibited under contract and is not
subject to disclosure under ((RCW 42.17.310)) chapter 42.-- RCW (the
new chapter created in section 103 of this act); and
(iv) Be provided in English and an alternative language selected by
the one-stop center or job service center as appropriate for the
community where the center is located.
If the notice is provided in-person, the individual who does not
want private and confidential information shared among the one-stop
partners must immediately advise the one-stop partner representative of
that decision. The notice must be provided to an individual who
applies for services telephonically, electronically, or by mail, in a
suitable format and within a reasonable time after applying for
services, which shall be no later than ten working days from the
department's receipt of the application for services. A one-stop
representative must be available to answer specific questions regarding
the nature, extent, and purpose for which the information may be
shared.
(12) To facilitate improved operation and evaluation of state
programs, the commissioner may enter into data-sharing contracts with
other state agencies only to the extent that such transfer is necessary
for the efficient operation or evaluation of outcomes for those
programs. The transfer of information by contract under this
subsection is exempt from subsection (1)(c) of this section.
(13) The misuse or unauthorized release of records or information
by any person or organization to which access is permitted by this
chapter subjects the person or organization to a civil penalty of five
thousand dollars and other applicable sanctions under state and federal
law. Suit to enforce this section shall be brought by the attorney
general and the amount of any penalties collected shall be paid into
the employment security department administrative contingency fund.
The attorney general may recover reasonable attorneys' fees for any
action brought to enforce this section.
Sec. 323 RCW 50.13.080 and 1996 c 79 s 2 are each amended to read
as follows:
(1) The employment security department shall have the right to
disclose information or records deemed private and confidential under
this chapter to any private person or organization when such disclosure
is necessary to permit private contracting parties to assist in the
operation and management of the department in instances where certain
departmental functions may be delegated to private parties to increase
the department's efficiency or quality of service to the public. The
private persons or organizations shall use the information or records
solely for the purpose for which the information was disclosed and
shall be bound by the same rules of privacy and confidentiality as
employment security department employees.
(2) Nothing in this section shall be construed as limiting or
restricting the effect of RCW 42.17.260(9) (as recodified by this act).
(3) The misuse or unauthorized release of records or information
deemed private and confidential under this chapter by any private
person or organization to which access is permitted by this section
shall subject the person or organization to a civil penalty of five
thousand dollars and other applicable sanctions under state and federal
law. Suit to enforce this section shall be brought by the attorney
general and the amount of any penalties collected shall be paid into
the employment security department administrative contingency fund.
The
attorney general may recover reasonable attorneys' fees for any
action brought to enforce this section.
Sec. 324 RCW 50.38.060 and 1993 c 62 s 6 are each amended to read
as follows:
To implement this chapter, the department has authority to:
(1) Establish mechanisms to recover actual costs incurred in
producing and providing otherwise nonfunded labor market information.
(a) If the commissioner, in his or her discretion, determines that
providing labor market information is in the public interest, the
requested information may be provided at reduced costs.
(b) The department shall provide access to labor market information
products that constitute public records available for public inspection
and copying under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act), at fees not exceeding those
allowed under RCW 42.17.300 (as recodified by this act) and consistent
with the department's fee schedule;
(2) Receive federal set aside funds from several federal programs
that are authorized to fund state and local labor market information
and are required to use such information in support of their programs;
(3) Enter into agreements with other public agencies for
statistical analysis, research, or evaluation studies of local, state,
and federally funded employment, training, education, and job creation
programs to increase the efficiency or quality of service provided to
the public consistent with chapter 50.13 RCW;
(4) Coordinate with other state agencies to study ways to
standardize federal and state multi-agency administrative records, such
as unemployment insurance information and other information to produce
employment, training, education, and economic analysis needed to
improve labor market information products and services; and
(5) Produce agricultural labor market information and economic
analysis needed to facilitate the efficient and effective matching of
the local supply and demand of agricultural labor critical to an
effective agricultural labor exchange in Washington state. Information
collected for an agricultural labor market information effort will be
coordinated with other federal, state, and local statistical agencies
to minimize reporting burden through cooperative data collection
efforts for statistical analysis, research, or studies.
Sec. 325 RCW 51.36.120 and 1989 c 189 s 2 are each amended to
read as follows:
When contracting for health care services and equipment, the
department, upon request of a contractor, shall keep confidential
financial and valuable trade information, which shall be exempt from
public inspection and copying under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act).
Sec. 326 RCW 52.14.100 and 1984 c 230 s 37 are each amended to
read as follows:
All meetings of the board of fire commissioners shall be conducted
in accordance with chapter 42.30 RCW and a majority constitutes a
quorum for the transaction of business. All records of the board shall
be open to inspection in accordance with ((the provisions of RCW
42.17.250 through 42.17.340)) chapter 42.-- RCW (the new chapter
created in section 103 of this act). The board has the power and duty
to adopt a seal of the district, to manage and conduct the business
affairs of the district, to make and execute all necessary contracts,
to employ any necessary services, and to adopt reasonable rules to
govern the district and to perform its functions, and generally to
perform all such acts as may be necessary to carry out the objects of
the creation of the district.
Sec. 327 RCW 66.28.180 and 2004 c 269 s 1 and 2004 c 160 s 18 are
each reenacted and amended to read as follows:
It is unlawful for a person, firm, or corporation holding a
certificate of approval issued under RCW 66.24.270 or 66.24.206, a beer
distributor's license, a domestic brewery license, a microbrewery
license, a beer importer's license, a beer distributor's license, a
domestic winery license, a wine importer's license, or a wine
distributor's license within the state of Washington to modify any
prices without prior notification to and approval of the board.
(1) Intent. This section is enacted, pursuant to the authority of
this state under the twenty-first amendment to the United States
Constitution, to promote the public's interest in fostering the orderly
and responsible distribution of malt beverages and wine towards
effective control of consumption; to promote the fair and efficient
three-tier system of distribution of such beverages; and to confirm
existing board rules as the clear expression of state policy to
regulate the manner of selling and pricing of wine and malt beverages
by licensed suppliers and distributors.
(2) Beer and wine distributor price posting.
(a) Every beer or wine distributor shall file with the board at its
office in Olympia a price posting showing the wholesale prices at which
any and all brands of beer and wine sold by such beer and/or wine
distributor shall be sold to retailers within the state.
(b) Each price posting shall be made on a form prepared and
furnished by the board, or a reasonable facsimile thereof, and shall
set forth:
(i) All brands, types, packages, and containers of beer offered for
sale by such beer and/or wine distributor;
(ii) The wholesale prices thereof to retail licensees, including
allowances, if any, for returned empty containers.
(c) No beer and/or wine distributor may sell or offer to sell any
package or container of beer or wine to any retail licensee at a price
differing from the price for such package or container as shown in the
price posting filed by the beer and/or wine distributor and then in
effect, according to rules adopted by the board.
(d) Quantity discounts are prohibited. No price may be posted that
is below acquisition cost plus ten percent of acquisition cost.
However, the board is empowered to review periodically, as it may deem
appropriate, the amount of the percentage of acquisition cost as a
minimum mark-up over cost and to modify such percentage by rule of the
board, except such percentage shall be not less than ten percent.
(e) Distributor prices on a "close-out" item shall be accepted by
the board if the item to be discontinued has been listed on the state
market for a period of at least six months, and upon the further
condition that the distributor who posts such a close-out price shall
not restock the item for a period of one year following the first
effective date of such close-out price.
(f) The board may reject any price posting that it deems to be in
violation of this section or any rule, or portion thereof, or that
would tend to disrupt the orderly sale and distribution of beer and
wine. Whenever the board rejects any posting, the licensee submitting
the posting may be heard by the board and shall have the burden of
showing that the posting is not in violation of this section or a rule
or does not tend to disrupt the orderly sale and distribution of beer
and wine. If the posting is accepted, it shall become effective at the
time fixed by the board. If the posting is rejected, the last
effective posting shall remain in effect until such time as an amended
posting is filed and approved, in accordance with the provisions of
this section.
(g) Prior to the effective date of the posted prices, all price
postings filed as required by this section constitute investigative
information and shall not be subject to disclosure, pursuant to ((RCW
42.17.310(1)(d))) section 404(1) of this act.
(h) Any beer and/or wine distributor or employee authorized by the
distributor-employer may sell beer and/or wine at the distributor's
posted prices to any annual or special occasion retail licensee upon
presentation to the distributor or employee at the time of purchase of
a special permit issued by the board to such licensee.
(i) Every annual or special occasion retail licensee, upon
purchasing any beer and/or wine from a distributor, shall immediately
cause such beer or wine to be delivered to the licensed premises, and
the licensee shall not thereafter permit such beer to be disposed of in
any manner except as authorized by the license.
(ii) Beer and wine sold as provided in this section shall be
delivered by the distributor or an authorized employee either to the
retailer's licensed premises or directly to the retailer at the
distributor's licensed premises. A distributor's prices to retail
licensees shall be the same at both such places of delivery.
(3) Beer and wine suppliers' price filings, contracts, and
memoranda.
(a) Every domestic brewery, microbrewery, and domestic winery
offering beer and/or wine for sale within the state shall file with the
board at its office in Olympia a copy of every written contract and a
memorandum of every oral agreement which such brewery or winery may
have with any beer or wine distributor, which contracts or memoranda
shall contain a schedule of prices charged to distributors for all
items and all terms of sale, including all regular and special
discounts; all advertising, sales and trade allowances, and incentive
programs; and all commissions, bonuses or gifts, and any and all other
discounts or allowances. Whenever changed or modified, such revised
contracts or memoranda shall forthwith be filed with the board as
provided for by rule. The provisions of this section also apply to
certificate of approval holders, beer and/or wine importers, and beer
and/or wine distributors who sell to other beer and/or wine
distributors.
Each price schedule shall be made on a form prepared and furnished
by the board, or a reasonable facsimile thereof, and shall set forth
all brands, types, packages, and containers of beer or wine offered for
sale by such licensed brewery or winery; all additional information
required may be filed as a supplement to the price schedule forms.
(b) Prices filed by a domestic brewery, microbrewery, domestic
winery, or certificate of approval holder shall be uniform prices to
all distributors on a statewide basis less bona fide allowances for
freight differentials. Quantity discounts are prohibited. No price
shall be filed that is below acquisition/production cost plus ten
percent of that cost, except that acquisition cost plus ten percent of
acquisition cost does not apply to sales of beer or wine between a beer
or wine importer who sells beer or wine to another beer or wine
importer or to a beer or wine distributor, or to a beer or wine
distributor who sells beer or wine to another beer or wine distributor.
However, the board is empowered to review periodically, as it may deem
appropriate, the amount of the percentage of acquisition/production
cost as a minimum mark-up over cost and to modify such percentage by
rule of the board, except such percentage shall be not less than ten
percent.
(c) No domestic brewery, microbrewery, domestic winery, certificate
of approval holder, beer or wine importer, or beer or wine distributor
may sell or offer to sell any beer or wine to any persons whatsoever in
this state until copies of such written contracts or memoranda of such
oral agreements are on file with the board.
(d) No domestic brewery, microbrewery, domestic winery, or
certificate of approval holder may sell or offer to sell any package or
container of beer or wine to any distributor at a price differing from
the price for such package or container as shown in the schedule of
prices filed by the domestic brewery, microbrewery, domestic winery, or
certificate of approval holder and then in effect, according to rules
adopted by the board.
(e) The board may reject any supplier's price filing, contract, or
memorandum of oral agreement, or portion thereof that it deems to be in
violation of this section or any rule or that would tend to disrupt the
orderly sale and distribution of beer or wine. Whenever the board
rejects any such price filing, contract, or memorandum, the licensee
submitting the price filing, contract, or memorandum may be heard by
the board and shall have the burden of showing that the price filing,
contract, or memorandum is not in violation of this section or a rule
or does not tend to disrupt the orderly sale and distribution of beer
or wine. If the price filing, contract, or memorandum is accepted, it
shall become effective at a time fixed by the board. If the price
filing, contract, or memorandum, or portion thereof, is rejected, the
last effective price filing, contract, or memorandum shall remain in
effect until such time as an amended price filing, contract, or
memorandum is filed and approved, in accordance with the provisions of
this section.
(f) Prior to the effective date of the posted prices, all prices,
contracts, and memoranda filed as required by this section constitute
investigative information and shall not be subject to disclosure,
pursuant to ((RCW 42.17.310(1)(d))) section 404(1) of this act.
Sec. 328 RCW 69.41.044 and 1989 1st ex.s. c 9 s 406 are each
amended to read as follows:
All records, reports, and information obtained by the board or its
authorized representatives from or on behalf of a pharmaceutical
manufacturer, representative of a manufacturer, wholesaler, pharmacy,
or practitioner who purchases, dispenses, or distributes legend drugs
under this chapter are confidential and exempt from public inspection
and copying under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act). Nothing in this section restricts
the investigations or the proceedings of the board so long as the board
and its authorized representatives comply with the provisions of
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act).
Sec. 329 RCW 69.41.280 and 1989 c 352 s 6 are each amended to
read as follows:
All records, reports, and information obtained by the board or its
authorized representatives from or on behalf of a pharmaceutical
manufacturer, representative of a manufacturer, wholesaler, pharmacy,
or practitioner who purchases, dispenses, or distributes legend drugs
under this chapter are confidential and exempt from public inspection
and copying under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act). Nothing in this section restricts
the investigations or the proceedings of the board so long as the board
and its authorized representatives comply with the provisions of
chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section 103
of this act).
Sec. 330 RCW 69.45.090 and 1987 c 411 s 9 are each amended to
read as follows:
All records, reports, and information obtained by the board from or
on behalf of a manufacturer or manufacturer's representative under this
chapter are confidential and exempt from public inspection and copying
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). This section does not apply to public
disclosure of the identity of persons found by the board to have
violated state or federal law, rules, or regulations. This section is
not intended to restrict the investigations and proceedings of the
board so long as the board maintains the confidentiality required by
this section.
Sec. 331 RCW 70.02.090 and 1991 c 335 s 302 are each amended to
read as follows:
(1) Subject to any conflicting requirement in the public
((disclosure)) records act, chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act), a health care provider may
deny access to health care information by a patient if the health care
provider reasonably concludes that:
(a) Knowledge of the health care information would be injurious to
the health of the patient;
(b) Knowledge of the health care information could reasonably be
expected to lead to the patient's identification of an individual who
provided the information in confidence and under circumstances in which
confidentiality was appropriate;
(c) Knowledge of the health care information could reasonably be
expected to cause danger to the life or safety of any individual;
(d) The health care information was compiled and is used solely for
litigation, quality assurance, peer review, or administrative purposes;
or
(e) Access to the health care information is otherwise prohibited
by law.
(2) If a health care provider denies a request for examination and
copying under this section, the provider, to the extent possible, shall
segregate health care information for which access has been denied
under subsection (1) of this section from information for which access
cannot be denied and permit the patient to examine or copy the
disclosable information.
(3) If a health care provider denies a patient's request for
examination and copying, in whole or in part, under subsection (1)(a)
or (c) of this section, the provider shall permit examination and
copying of the record by another health care provider, selected by the
patient, who is licensed, certified, registered, or otherwise
authorized under the laws of this state to treat the patient for the
same condition as the health care provider denying the request. The
health care provider denying the request shall inform the patient of
the patient's right to select another health care provider under this
subsection. The patient shall be responsible for arranging for
compensation of the other health care provider so selected.
Sec. 332 RCW 70.38.095 and 1979 ex.s. c 161 s 9 are each amended
to read as follows:
Public accessibility to records shall be accorded by health systems
agencies pursuant to Public Law 93-641 and ((RCW 42.17.250 through
42.17.340)) chapter 42.-- RCW (the new chapter created in section 103
of this act). A health systems agency shall be considered a "public
agency" for the sole purpose of complying with the (("Open Public
Meetings Act of 1971")) public records act, chapter ((42.30 RCW)) 42.--RCW (the new chapter created in section 103 of this act).
Sec. 333 RCW 70.41.150 and 2000 c 6 s 1 are each amended to read
as follows:
Information received by the department through filed reports,
inspection, or as otherwise authorized under this chapter, may be
disclosed publicly, as permitted under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act), subject to the
following provisions:
(1) Licensing inspections, or complaint investigations regardless
of findings, shall, as requested, be disclosed no sooner than three
business days after the hospital has received the resulting assessment
report;
(2) Information regarding administrative action against the license
shall, as requested, be disclosed after the hospital has received the
documents initiating the administrative action;
(3) Information about complaints that did not warrant an
investigation shall not be disclosed except to notify the hospital and
the complainant that the complaint did not warrant an investigation.
If requested, the individual complainant shall receive information on
other like complaints that have been reported against the hospital; and
(4) Information disclosed pursuant to this section shall not
disclose individual names.
Sec. 334 RCW 70.44.315 and 1997 c 332 s 18 are each amended to
read as follows:
(1) When evaluating a potential acquisition, the commissioners
shall determine their compliance with the following requirements:
(a) That the acquisition is authorized under chapter 70.44 RCW and
other laws governing public hospital districts;
(b) That the procedures used in the decision-making process allowed
district officials to thoroughly fulfill their due diligence
responsibilities as municipal officers, including those covered under
chapter 42.23 RCW governing conflicts of interest and chapter 42.20 RCW
prohibiting malfeasance of public officials;
(c) That the acquisition will not result in the revocation of
hospital privileges;
(d) That sufficient safeguards are included to maintain appropriate
capacity for health science research and health care provider
education;
(e) That the acquisition is allowed under Article VIII, section 7
of the state Constitution, which prohibits gifts of public funds or
lending of credit and Article XI, section 14, prohibiting private use
of public funds;
(f) That the public hospital district will retain control over
district functions as required under chapter 70.44 RCW and other laws
governing hospital districts;
(g) That the activities related to the acquisition process complied
with chapters ((42.17)) 42.-- (the new chapter created in section 103
of this act) and 42.32 RCW, governing disclosure of public records, and
chapter 42.30 RCW, governing public meetings;
(h) That the acquisition complies with the requirements of RCW
70.44.300 relating to fair market value; and
(i) Other state laws affecting the proposed acquisition.
(2) The commissioners shall also determine whether the public
hospital district should retain a right of first refusal to repurchase
the assets by the public hospital district if the hospital is
subsequently sold to, acquired by, or merged with another entity.
(3)(a) Prior to approving the acquisition of a district hospital,
the board of commissioners of the hospital district shall obtain a
written opinion from a qualified independent expert or the Washington
state department of health as to whether or not the acquisition meets
the standards set forth in RCW 70.45.080.
(b) Upon request, the hospital district and the person seeking to
acquire its hospital shall provide the department or independent expert
with any needed information and documents. The department shall charge
the hospital district for any costs the department incurs in preparing
an opinion under this section. The hospital district may recover from
the acquiring person any costs it incurs in obtaining the opinion from
either the department or the independent expert. The opinion shall be
delivered to the board of commissioners no later than ninety days after
it is requested.
(c) Within ten working days after it receives the opinion, the
board of commissioners shall publish notice of the opinion in at least
one newspaper of general circulation within the hospital district,
stating how a person may obtain a copy, and giving the time and
location of the hearing required under (d) of this subsection. It
shall make a copy of the report and the opinion available to anyone
upon request.
(d) Within thirty days after it received the opinion, the board of
commissioners shall hold a public hearing regarding the proposed
acquisition. The board of commissioners may vote to approve the
acquisition no sooner than thirty days following the public hearing.
(4)(a) For purposes of this section, "acquisition" means an
acquisition by a person of any interest in a hospital owned by a public
hospital district, whether by purchase, merger, lease, or otherwise,
that results in a change of ownership or control of twenty percent or
more of the assets of a hospital currently licensed and operating under
RCW 70.41.090. Acquisition does not include an acquisition where the
other party or parties to the acquisition are nonprofit corporations
having a substantially similar charitable health care purpose,
organizations exempt from federal income tax under section 501(c)(3) of
the internal revenue code, or governmental entities. Acquisition does
not include an acquisition where the other party is an organization
that is a limited liability corporation, a partnership, or any other
legal entity and the members, partners, or otherwise designated
controlling parties of the organization are all nonprofit corporations
having a charitable health care purpose, organizations exempt from
federal income tax under section 501(c)(3) of the internal revenue
code, or governmental entities. Acquisition does not include
activities between two or more governmental organizations, including
organizations acting pursuant to chapter 39.34 RCW, regardless of the
type of organizational structure used by the governmental entities.
(b) For purposes of this subsection (4), "person" means an
individual, a trust or estate, a partnership, a corporation including
associations, a limited liability company, a joint stock company, or an
insurance company.
Sec. 335 RCW 70.45.030 and 1997 c 332 s 3 are each amended to
read as follows:
(1) A person may not engage in the acquisition of a nonprofit
hospital without first having applied for and received the approval of
the department under this chapter.
(2) An application must be submitted to the department on forms
provided by the department, and at a minimum must include: The name of
the hospital being acquired, the name of the acquiring person or other
parties to the acquisition, the acquisition price, a copy of the
acquisition agreement, a financial and economic analysis and report
from an independent expert or consultant of the effect of the
acquisition under the criteria in RCW 70.45.070, and all other related
documents. The applications and all related documents are considered
public records for purposes of chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act).
(3) The department shall charge an applicant fees sufficient to
cover the costs of implementing this chapter. The fees must include
the cost of the attorney general's opinion under RCW 70.45.060. The
department shall transfer this portion of the fee, upon receipt, to the
attorney general.
Sec. 336 RCW 70.47.150 and 1990 c 54 s 1 are each amended to read
as follows:
Notwithstanding the provisions of chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act), (1) records
obtained, reviewed by, or on file with the plan containing information
concerning medical treatment of individuals shall be exempt from public
inspection and copying; and (2) actuarial formulas, statistics, and
assumptions submitted in support of a rate filing by a managed health
care system or submitted to the administrator upon his or her request
shall be exempt from public inspection and copying in order to preserve
trade secrets or prevent unfair competition.
Sec. 337 RCW 70.77.455 and 1997 c 182 s 23 are each amended to
read as follows:
(1) All licensees shall maintain and make available to the chief of
the Washington state patrol, through the director of fire protection,
full and complete records showing all production, imports, exports,
purchases, and sales of fireworks items by class.
(2) All records obtained and all reports produced, as required by
this chapter, are not subject to disclosure through the public
((disclosure)) records act under chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act).
Sec. 338 RCW 70.95C.220 and 1990 c 114 s 8 are each amended to
read as follows:
(1) The department may review a plan, executive summary, or an
annual progress report to determine whether the plan, executive
summary, or annual progress report is adequate pursuant to the rules
developed under this section and with the provisions of RCW 70.95C.200.
In determining the adequacy of any plan, executive summary, or annual
progress report, the department shall base its determination solely on
whether the plan, executive summary, or annual progress report is
complete and prepared in accordance with the provisions of RCW
70.95C.200.
(2) Plans developed under RCW 70.95C.200 shall be retained at the
facility of the hazardous substance user or hazardous waste generator
preparing a plan. The plan is not a public record under the public
((disclosure laws of the state of Washington contained in)) records
act, chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). A user or generator required to prepare a
plan shall permit the director or a representative of the director to
review the plan to determine its adequacy. No visit made by the
director or a representative of the director to a facility for the
purposes of this subsection may be regarded as an inspection or
investigation, and no notices or citations may be issued, nor any civil
penalty assessed, upon such a visit.
(3) If a hazardous substance user or hazardous waste generator
fails to complete an adequate plan, executive summary, or annual
progress report, the department shall notify the user or generator of
the inadequacy, identifying specific deficiencies. For the purposes of
this section, a deficiency may include failure to develop a plan,
failure to submit an executive summary pursuant to the schedule
provided in RCW 70.95C.200(5), and failure to submit an annual progress
report pursuant to the rules developed under RCW 70.95C.200(6). The
department shall specify a reasonable time frame, of not less than
ninety days, within which the user or generator shall complete a
modified plan, executive summary, or annual progress report addressing
the specified deficiencies.
(4) If the department determines that a modified plan, executive
summary, or annual progress report is inadequate, the department may,
within its discretion, either require further modification or enter an
order pursuant to subsection (5)(a) of this section.
(5)(a) If, after having received a list of specified deficiencies
from the department, a hazardous substance user or hazardous waste
generator required to prepare a plan fails to complete modification of
a plan, executive summary, or annual progress report within the time
period specified by the department, the department may enter an order
pursuant to chapter 34.05 RCW finding the user or generator not in
compliance with the requirements of RCW 70.95C.200. When the order is
final, the department shall notify the department of revenue to charge
a penalty fee. The penalty fee shall be the greater of one thousand
dollars or three times the amount of the user's or generator's previous
year's fee, in addition to the current year's fee. If no fee was
assessed the previous year, the penalty shall be the greater of one
thousand dollars or three times the amount of the current year's fee.
The penalty assessed under this subsection shall be collected each year
after the year for which the penalty was assessed until an adequate
plan or executive summary is completed.
(b) If a hazardous substance user or hazardous waste generator
required to prepare a plan fails to complete an adequate plan,
executive summary, or annual progress report after the department has
levied against the user or generator the penalty provided in (a) of
this subsection, the user or generator shall be required to pay a
surcharge to the department whenever the user or generator disposes of
a hazardous waste at any hazardous waste incinerator or hazardous waste
landfill facility located in Washington state, until a plan, executive
summary, or annual progress report is completed and determined to be
adequate by the department. The surcharge shall be equal to three
times the fee charged for disposal. The department shall furnish the
incinerator and landfill facilities in this state with a list of
environmental protection agency/state identification numbers of the
hazardous waste generators that are not in compliance with the
requirements of RCW 70.95C.200.
Sec. 339 RCW 70.102.020 and 1985 c 410 s 1 are each amended to
read as follows:
There is hereby created the hazardous substance information and
education office. Through this office the department shall:
(1) Facilitate access to existing information on hazardous
substances within a community;
(2) Request and obtain information about hazardous substances at
specified locations and facilities from agencies that regulate those
locations and facilities. The department shall review, approve, and
provide confidentiality as provided by statute. Upon request of the
department, each agency shall provide the information within forty-five
days;
(3) At the request of citizens or public health or public safety
organizations, compile existing information about hazardous substance
use at specified locations and facilities. This information shall
include but not be limited to:
(a) Point and nonpoint air and water emissions;
(b) Extremely hazardous, moderate risk wastes and dangerous wastes
as defined in chapter 70.105 RCW produced, used, stored, transported
from, or disposed of by any facility;
(c) A list of the hazardous substances present at a given site and
data on their acute and chronic health and environmental effects;
(d) Data on governmental pesticide use at a given site;
(e) Data on commercial pesticide use at a given site if such data
is only given to individuals who are chemically sensitive; and
(f) Compliance history of any facility.
(4) Provide education to the public on the proper production, use,
storage, and disposal of hazardous substances, including but not
limited to:
(a) A technical resource center on hazardous substance management
for industry and the public;
(b) Programs, in cooperation with local government, to educate
generators of moderate risk waste, and provide information regarding
the potential hazards to human health and the environment resulting
from improper use and disposal of the waste and proper methods of
handling, reducing, recycling, and disposing of the waste;
(c) Public information and education relating to the safe handling
and disposal of hazardous household substances; and
(d) Guidelines to aid counties in developing and implementing a
hazardous household substances program.
Requests for information from the hazardous substance information
and education office may be made by letter or by a toll-free telephone
line, if one is established by the department. Requests shall be
responded to in accordance with chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act).
This section shall not require any agency to compile information
that is not required by existing laws or ((regulations)) rules.
Sec.340 RCW 70.120.100 and 1998 c 342 s 3 are each amended to
read as follows:
The department shall investigate complaints received regarding the
operation of emission testing stations and shall require corrections or
modifications in those operations when deemed necessary.
The department shall also review complaints received regarding the
maintenance or repairs secured by owners of motor vehicles for the
purpose of complying with the requirements of this chapter. When
possible, the department shall assist such owners in determining the
merits of the complaints.
The department shall keep a copy of all complaints received, and on
request, make copies available to the public. This is not intended to
require disclosure of any information that is exempt from public
disclosure under chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
Sec. 341 RCW 70.148.060 and 1990 c 64 s 7 are each amended to
read as follows:
(1) All examination and proprietary reports and information
obtained by the director and the director's staff in soliciting bids
from insurers and in monitoring the insurer selected by the director
shall not be made public or otherwise disclosed to any person, firm,
corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the director
may furnish all or part of examination reports prepared by the director
or by any person, firm, corporation, association, or other entity
preparing the reports on behalf of the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with the insurer
as officer, director, attorney, auditor, or independent attorney or
independent auditor; and
(c) The attorney general in his or her role as legal advisor to the
director.
(3) Subsection (1) of this section notwithstanding, the director
may furnish all or part of the examination or proprietary reports or
information obtained by the director to:
(a) The Washington state insurance commissioner; and
(b) A person, firm, corporation, association, governmental body, or
other entity with whom the director has contracted for services
necessary to perform his or her official duties.
(4) Examination reports and proprietary information obtained by the
director and the director's staff are not subject to public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act).
(5) A person who violates any provision of this section is guilty
of a gross misdemeanor.
Sec. 342 RCW 70.149.090 and 1995 c 20 s 9 are each amended to
read as follows:
The following shall be confidential and exempt under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act), subject to the conditions set forth in this section:
(1) All examination and proprietary reports and information
obtained by the director and the director's staff in soliciting bids
from insurers and in monitoring the insurer selected by the director
may not be made public or otherwise disclosed to any person, firm,
corporation, agency, association, governmental body, or other entity.
(2) All information obtained by the director or the director's
staff related to registration of heating oil tanks to be insured may
not be made public or otherwise disclosed to any person, firm,
corporation, agency, association, governmental body, or other entity.
(3) The director may furnish all or part of examination reports
prepared by the director or by any person, firm, corporation,
association, or other entity preparing the reports on behalf of the
director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with the insurer
as officer, director, attorney, auditor, or independent attorney or
independent auditor; and
(c) The attorney general in his or her role as legal advisor to the
director.
Sec. 343 RCW 70.168.070 and 1990 c 269 s 9 are each amended to
read as follows:
Any hospital or health care facility that desires to be authorized
to provide a designated trauma care service shall request designation
from the department. Designation involves a contractual relationship
between the state and a hospital or health care facility whereby each
agrees to maintain a level of commitment and resources sufficient to
meet responsibilities and standards required by the statewide emergency
medical services and trauma care system plan. By January 1992, the
department shall determine by rule the manner and form of such
requests. Upon receiving a request, the department shall review the
request to determine whether the hospital or health care facility is in
compliance with standards for the trauma care service or services for
which designation is desired. If requests are received from more than
one hospital or health care facility within the same emergency medical
planning and trauma care planning and service region, the department
shall select the most qualified applicant or applicants to be selected
through a competitive process. Any applicant not designated may
request a hearing to review the decision.
Designations are valid for a period of three years and are
renewable upon receipt of a request for renewal prior to expiration
from the hospital or health care facility. When an authorization for
designation is due for renewal other hospitals and health care
facilities in the area may also apply and compete for designation.
Regional emergency medical and trauma care councils shall be notified
promptly of designated hospitals and health care facilities in their
region so they may incorporate them into the regional plan as required
by this chapter. The department may revoke or suspend the designation
should it determine that the hospital or health care facility is
substantially out of compliance with the standards and has refused or
been unable to comply after a reasonable period of time has elapsed.
The department shall promptly notify the regional emergency medical and
trauma care planning and service region of suspensions or revocations.
Any facility whose designation has been revoked or suspended may
request a hearing to review the action by the department as provided
for in chapter 34.05 RCW.
As a part of the process to designate and renew the designation of
hospitals authorized to provide level I, II, or III trauma care
services or level I, II, and III pediatric trauma care services, the
department shall contract for on-site reviews of such hospitals to
determine compliance with required standards. The department may
contract for on-site reviews of hospitals and health care facilities
authorized to provide level IV or V trauma care services or level I, I-pediatric, II, or III trauma-related rehabilitative services to
determine compliance with required standards. Members of on-site
review teams and staff included in site visits are exempt from ((RCW
42.17.250 through 42.17.450)) chapter 42.-- RCW (the new chapter
created in section 103 of this act). They may not divulge and cannot
be subpoenaed to divulge information obtained or reports written
pursuant to this section in any civil action, except, after in camera
review, pursuant to a court order which provides for the protection of
sensitive information of interested parties including the department:
(1) In actions arising out of the department's designation of a
hospital or health care facility pursuant to this section; (2) in
actions arising out of the department's revocation or suspension of
designation status of a hospital or health care facility under this
section; or (3) in actions arising out of the restriction or revocation
of the clinical or staff privileges of a health care provider as
defined in RCW ((70.70.020)) 7.70.020 (1) and (2), subject to any
further restrictions on disclosure in RCW 4.24.250 that may apply.
Information that identifies individual patients shall not be publicly
disclosed without the patient's consent. When a facility requests
designation for more than one service, the department may coordinate
the joint consideration of such requests.
The department may establish fees to help defray the costs of this
section, though such fees shall not be assessed to health care
facilities authorized to provide level IV and V trauma care services.
This section shall not restrict the authority of a hospital or a
health care provider licensed under Title 18 RCW to provide services
which it has been authorized to provide by state law.
Sec. 344 RCW 70.168.090 and 1990 c 269 s 11 are each amended to
read as follows:
(1) By July 1991, the department shall establish a statewide data
registry to collect and analyze data on the incidence, severity, and
causes of trauma, including traumatic brain injury. The department
shall collect additional data on traumatic brain injury should
additional data requirements be enacted by the legislature. The
registry shall be used to improve the availability and delivery of
prehospital and hospital trauma care services. Specific data elements
of the registry shall be defined by rule by the department. To the
extent possible, the department shall coordinate data collection from
hospitals for the trauma registry with the ((statewide hospital))
health care data system authorized in chapter 70.170 RCW. Every
hospital, facility, or health care provider authorized to provide level
I, II, III, IV, or V trauma care services, level I, II, or III
pediatric trauma care services, level I, level I-pediatric, II, or III
trauma-related rehabilitative services, and prehospital trauma-related
services in the state shall furnish data to the registry. All other
hospitals and prehospital providers shall furnish trauma data as
required by the department by rule.
The department may respond to requests for data and other
information from the registry for special studies and analysis
consistent with requirements for confidentiality of patient and quality
assurance records. The department may require requestors to pay any or
all of the reasonable costs associated with such requests that might be
approved.
(2) By January 1994, in each emergency medical services and trauma
care planning and service region, a regional emergency medical services
and trauma care systems quality assurance program shall be established
by those facilities authorized to provide levels I, II, and III trauma
care services. The systems quality assurance program shall evaluate
trauma care delivery, patient care outcomes, and compliance with the
requirements of this chapter. The emergency medical services medical
program director and all other health care providers and facilities who
provide trauma care services within the region shall be invited to
participate in the regional emergency medical services and trauma care
quality assurance program.
(3) Data elements related to the identification of individual
patient's, provider's and facility's care outcomes shall be
confidential, shall be exempt from RCW 42.17.250 through 42.17.450 (as
recodified by this act), and shall not be subject to discovery by
subpoena or admissible as evidence.
(4) Patient care quality assurance proceedings, records, and
reports developed pursuant to this section are confidential, exempt
from ((RCW 42.17.250 through 42.17.450)) chapter 42.-- RCW (the new
chapter created in section 103 of this act), and are not subject to
discovery by subpoena or admissible as evidence. In any civil action,
except, after in camera review, pursuant to a court order which
provides for the protection of sensitive information of interested
parties including the department: (a) In actions arising out of the
department's designation of a hospital or health care facility pursuant
to RCW 70.168.070; (b) in actions arising out of the department's
revocation or suspension of designation status of a hospital or health
care facility under RCW 70.168.070; or (c) in actions arising out of
the restriction or revocation of the clinical or staff privileges of a
health care provider as defined in RCW 7.70.020 (1) and (2), subject to
any further restrictions on disclosure in RCW 4.24.250 that may apply.
Information that identifies individual patients shall not be publicly
disclosed without the patient's consent.
Sec. 345 RCW 70.190.060 and 1998 c 314 s 12 are each amended to
read as follows:
(1) The legislature authorizes community public health and safety
networks to reconnect parents and other citizens with children, youth,
families, and community institutions which support health and safety.
The networks have only those powers and duties expressly authorized
under this chapter. The networks should empower parents and other
citizens by being a means of expressing their attitudes, spirit, and
perspectives regarding safe and healthy family and community life. The
legislature intends that parent and other citizen perspectives exercise
a controlling influence over policy and program operations of
professional organizations concerned with children and family issues
within networks in a manner consistent with the Constitution and state
law. It is not the intent of the legislature that health, social
service, or educational professionals dominate community public health
and safety network processes or programs, but rather that these
professionals use their skills to lend support to parents and other
citizens in expressing their values as parents and other citizens
identify community needs and establish community priorities. To this
end, the legislature intends full participation of parents and other
citizens in community public health and safety networks. The intent is
that local community values are reflected in the operations of the
network.
(2) A group of persons described in subsection (3) of this section
may apply to be a community public health and safety network.
(3) Each community public health and safety network shall be
composed of twenty-three people, thirteen of whom shall be citizens who
live within the network boundary with no fiduciary interest. In
selecting these members, first priority shall be given to members of
community mobilization advisory boards, city or county children's
services commissions, human services advisory boards, or other such
organizations. The thirteen persons shall be selected as follows:
Three by chambers of commerce, three by school board members, three by
county legislative authorities, three by city legislative authorities,
and one high school student, selected by student organizations. The
remaining ten members shall live or work within the network boundary
and shall include local representation selected by the following groups
and entities: Cities; counties; federally recognized Indian tribes;
parks and recreation programs; law enforcement agencies; state
children's service workers; employment assistance workers; private
social service providers, broad-based nonsecular organizations, or
health service providers; and public education.
(4) Each of the twenty-three people who are members of each
community public health and safety network must sign an annual
declaration under penalty of perjury or a notarized statement that
clearly, in plain and understandable language, states whether or not he
or she has a fiduciary interest. If a member has a fiduciary interest,
the nature of that interest must be made clear, in plain understandable
language, on the signed statement.
(5) Members of the network shall serve terms of three years.
The terms of the initial members of each network shall be as
follows: (a) One-third shall serve for one year; (b) one-third shall
serve for two years; and (c) one-third shall serve for three years.
Initial members may agree which shall serve fewer than three years or
the decision may be made by lot. Any vacancy occurring during the term
may be filled by the chair for the balance of the unexpired term.
(6) Not less than sixty days before the expiration of a network
member's term, the chair shall submit the name of a nominee to the
network for its approval. The network shall comply with subsection (3)
of this section.
(7) Networks are subject to the open public meetings act under
chapter 42.30 RCW and the public records provisions of ((RCW 42.17.270
through 42.17.310)) chapter 42.-- RCW (the new chapter created in
section 103 of this act).
Sec. 346 RCW 71.05.390 and 2004 c 166 s 6, 2004 c 157 s 5, and
2004 c 33 s 2 are each reenacted and amended to read as follows:
Except as provided in this section, the fact of admission and all
information and records compiled, obtained, or maintained in the course
of providing services to either voluntary or involuntary recipients of
services at public or private agencies shall be confidential.
Information and records may be disclosed only:
(1) In communications between qualified professional persons to
meet the requirements of this chapter, in the provision of services or
appropriate referrals, or in the course of guardianship proceedings.
The consent of the patient, or his or her guardian, shall be obtained
before information or records may be disclosed by a professional person
employed by a facility unless provided to a professional person:
(a) Employed by the facility;
(b) Who has medical responsibility for the patient's care;
(c) Who is a county designated mental health professional;
(d) Who is providing services under chapter 71.24 RCW;
(e) Who is employed by a state or local correctional facility where
the person is confined or supervised; or
(f) Who is providing evaluation, treatment, or follow-up services
under chapter 10.77 RCW.
(2) When the communications regard the special needs of a patient
and the necessary circumstances giving rise to such needs and the
disclosure is made by a facility providing outpatient services to the
operator of a care facility in which the patient resides.
(3) When the person receiving services, or his or her guardian,
designates persons to whom information or records may be released, or
if the person is a minor, when his or her parents make such
designation.
(4) To the extent necessary for a recipient to make a claim, or for
a claim to be made on behalf of a recipient for aid, insurance, or
medical assistance to which he or she may be entitled.
(5) For either program evaluation or research, or both: PROVIDED,
That the secretary adopts rules for the conduct of the evaluation or
research, or both. Such rules shall include, but need not be limited
to, the requirement that all evaluators and researchers must sign an
oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research concerning
persons who have received services from (fill in the facility, agency,
or person) I, . . . . . . . . ., agree not to divulge, publish, or
otherwise make known to unauthorized persons or the public any
information obtained in the course of such evaluation or research
regarding persons who have received services such that the person who
received such services is identifiable.
I recognize that unauthorized release of confidential information
may subject me to civil liability under the provisions of state law.
| /s/ . . . . . . . . . . . . " |
Sec. 347 RCW 72.09.116 and 2004 c 167 s 8 are each amended to
read as follows:
All records, documents, data, and other materials obtained under
the requirements of RCW 72.09.115 from an existing correctional
industries class I work program participant or an applicant for a
proposed new or expanded class I correctional industries work program
are exempt from public disclosure under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act).
Sec. 348 RCW 72.09.225 and 1999 c 72 s 2 are each amended to read
as follows:
(1) When the secretary has reasonable cause to believe that sexual
intercourse or sexual contact between an employee and an inmate has
occurred, notwithstanding any rule adopted under chapter 41.06 RCW the
secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings to
terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the
evidence, to have had sexual intercourse or sexual contact with the
inmate; or
(b) Upon a guilty plea or conviction for any crime specified in
chapter 9A.44 RCW when the victim was an inmate.
(3) When the secretary has reasonable cause to believe that sexual
intercourse or sexual contact between the employee of a contractor and
an inmate has occurred, the secretary shall require the employee of a
contractor to be immediately removed from any employment position which
would permit the employee to have any access to any inmate.
(4) The secretary shall disqualify for employment with a contractor
in any position with access to an inmate, any person:
(a) Who is found by the department, based on a preponderance of the
evidence, to have had sexual intercourse or sexual contact with the
inmate; or
(b) Upon a guilty plea or conviction for any crime specified in
chapter 9A.44 RCW when the victim was an inmate.
(5) The secretary, when considering the renewal of a contract with
a contractor who has taken action under subsection (3) or (4) of this
section, shall require the contractor to demonstrate that there has
been significant progress made in reducing the likelihood that any of
its employees will have sexual intercourse or sexual contact with an
inmate. The secretary shall examine whether the contractor has taken
steps to improve hiring, training, and monitoring practices and whether
the employee remains with the contractor. The secretary shall not
renew a contract unless he or she determines that significant progress
has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under
this section shall be considered discharged for misconduct.
(b)(i) The department may, within its discretion or upon request of
any member of the public, release information to an individual or to
the public regarding any person or contract terminated under this
section.
(ii) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470 is immune from civil liability
for damages for any discretionary release of relevant and necessary
information, unless it is shown that the official, employee, or agency
acted with gross negligence or in bad faith. The immunity provided
under this section applies to the release of relevant and necessary
information to other public officials, public employees, or public
agencies, and to the public.
(iii) Except as provided in chapter ((42.17 RCW)) 42.-- RCW (the
new chapter created in section 103 of this act), or elsewhere, nothing
in this section shall impose any liability upon a public official,
public employee, or public agency for failing to release information
authorized under this section. Nothing in this section implies that
information regarding persons designated in subsection (2) of this
section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this section.
The rules shall reflect the legislative intent that this section
prohibits individuals who are employed by the department or a
contractor of the department from having sexual intercourse or sexual
contact with inmates. The rules shall also reflect the legislative
intent that when a person is employed by the department or a contractor
of the department, and has sexual intercourse or sexual contact with an
inmate against the employed person's will, the termination provisions
of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Inmate" means an inmate as defined in RCW 72.09.015 or a
person under the supervision of the department; and
(c) "Sexual intercourse" and "sexual contact" have the meanings
provided in RCW 9A.44.010.
Sec. 349 RCW 73.04.030 and 2002 c 224 s 3 are each amended to
read as follows:
Each county auditor of the several counties of the state of
Washington shall record upon presentation without expense, in a
suitable permanent record the discharge of any veteran of the armed
forces of the United States who is residing in the state of Washington.
The department of veterans affairs, in consultation with the
association of county auditors, shall develop and distribute to county
auditors the form referred to in ((RCW 42.17.310(1)(aaa))) section 424
of this act entitled "request for exemption from public disclosure of
discharge papers."
The county auditor may charge a basic recording fee and
preservation fee that together shall not exceed a total of seven
dollars for the recording of the "request for exemption from public
disclosure of discharge papers."
County auditors shall develop a form for requestors of military
discharge papers (form DD214) to verify that the requestor is
authorized to receive or view the military discharge paper.
Sec. 350 RCW 74.09A.020 and 1993 c 10 s 3 are each amended to
read as follows:
(1) The medical assistance administration shall provide routine and
periodic computerized information to private insurers regarding client
eligibility and coverage information. Private insurers shall use this
information to identify joint beneficiaries. Identification of joint
beneficiaries shall be transmitted to the medical assistance
administration. The medical assistance administration shall use this
information to improve accuracy and currency of health insurance
coverage and promote improved coordination of benefits.
(2) To the maximum extent possible, necessary data elements and a
compatible data base shall be developed by affected health insurers and
the medical assistance administration. The medical assistance
administration shall establish a representative group of insurers and
state agency representatives to develop necessary technical and file
specifications to promote a standardized data base. The data base
shall include elements essential to the medical assistance
administration and its population's insurance coverage information.
(3) If the state and private insurers enter into other agreements
regarding the use of common computer standards, the data base
identified in this section shall be replaced by the new common computer
standards.
(4) The information provided will be of sufficient detail to
promote reliable and accurate benefit coordination and identification
of individuals who are also eligible for medical assistance
administration programs.
(5) The frequency of updates will be mutually agreed to by each
insurer and the medical assistance administration based on frequency of
change and operational limitations. In no event shall the computerized
data be provided less than semiannually.
(6) The insurers and the medical assistance administration shall
safeguard and properly use the information to protect records as
provided by law, including but not limited to chapters 42.48, 74.09,
74.04, and 70.02 RCW, ((RCW 42.17.310)) chapter 42.-- RCW (the new
chapter created in section 103 of this act), and 42 U.S.C. Sec. 1396a
and 42 C.F.R. Sec. 43 et seq. The purpose of this exchange of
information is to improve coordination and administration of benefits
and ensure that medical insurance benefits are properly utilized.
(7) The medical assistance administration shall target
implementation of this chapter to those private insurers with the
highest probability of joint beneficiaries.
Sec. 351 RCW 74.13.500 and 1999 c 339 s 1 are each amended to
read as follows:
(1) Consistent with the provisions of chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act) and applicable
federal law, the secretary, or the secretary's designee, shall disclose
information regarding the abuse or neglect of a child, the
investigation of the abuse, neglect, or near fatality of a child, and
any services related to the abuse or neglect of a child if any one of
the following factors is present:
(a) The subject of the report has been charged in an accusatory
instrument with committing a crime related to a report maintained by
the department in its case and management information system;
(b) The investigation of the abuse or neglect of the child by the
department or the provision of services by the department has been
publicly disclosed in a report required to be disclosed in the course
of their official duties, by a law enforcement agency or official, a
prosecuting attorney, any other state or local investigative agency or
official, or by a judge of the superior court;
(c) There has been a prior knowing, voluntary public disclosure by
an individual concerning a report of child abuse or neglect in which
such individual is named as the subject of the report; or
(d) The child named in the report has died and the child's death
resulted from abuse or neglect or the child was in the care of, or
receiving services from the department at the time of death or within
twelve months before death.
(2) The secretary is not required to disclose information if the
factors in subsection (1) of this section are present if he or she
specifically determines the disclosure is contrary to the best
interests of the child, the child's siblings, or other children in the
household.
(3) Except for cases in subsection (1)(d) of this section, requests
for information under this section shall specifically identify the case
about which information is sought and the facts that support a
determination that one of the factors specified in subsection (1) of
this section is present.
(4) For the purposes of this section, "near fatality" means an act
that, as certified by a physician, places the child in serious or
critical condition. The secretary is under no obligation to have an
act certified by a physician in order to comply with this section.
Sec. 352 RCW 74.13.515 and 1997 c 305 s 5 are each amended to
read as follows:
For purposes of RCW 74.13.500(1)(d), the secretary must make the
fullest possible disclosure consistent with chapter ((42.17 RCW)) 42.--RCW (the new chapter created in section 103 of this act) and applicable
federal law in cases of all fatalities of children who were in the care
of, or receiving services from, the department at the time of their
death or within the twelve months previous to their death.
If the secretary specifically determines that disclosure of the
name of the deceased child is contrary to the best interests of the
child's siblings or other children in the household, the secretary may
remove personally identifying information.
For the purposes of this section, "personally identifying
information" means the name, street address, social security number,
and day of birth of the child who died and of private persons who are
relatives of the child named in child welfare records. "Personally
identifying information" shall not include the month or year of birth
of the child who has died. Once this personally identifying
information is removed, the remainder of the records pertaining to a
child who has died must be released regardless of whether the remaining
facts in the records are embarrassing to the unidentifiable other
private parties or to identifiable public workers who handled the case.
Sec. 353 RCW 74.13.525 and 1997 c 305 s 7 are each amended to
read as follows:
The department, when acting in good faith, is immune from any
criminal or civil liability, except as provided under RCW 42.17.340 (as
recodified by this act), for any action taken under RCW 74.13.500
through 74.13.520.
Sec. 354 RCW 74.34.063 and 1999 c 176 s 8 are each amended to
read as follows:
(1) The department shall initiate a response to a report, no later
than twenty-four hours after knowledge of the report, of suspected
abandonment, abuse, financial exploitation, neglect, or self-neglect of
a vulnerable adult.
(2) When the initial report or investigation by the department
indicates that the alleged abandonment, abuse, financial exploitation,
or neglect may be criminal, the department shall make an immediate
report to the appropriate law enforcement agency. The department and
law enforcement will coordinate in investigating reports made under
this chapter. The department may provide protective services and other
remedies as specified in this chapter.
(3) The law enforcement agency or the department shall report the
incident in writing to the proper county prosecutor or city attorney
for appropriate action whenever the investigation reveals that a crime
may have been committed.
(4) The department and law enforcement may share information
contained in reports and findings of abandonment, abuse, financial
exploitation, and neglect of vulnerable adults, consistent with RCW
74.04.060, ((42.17.310)) chapter 42.-- RCW (the new chapter created in
section 103 of this act), and other applicable confidentiality laws.
(5) The department shall notify the proper licensing authority
concerning any report received under this chapter that alleges that a
person who is professionally licensed, certified, or registered under
Title 18 RCW has abandoned, abused, financially exploited, or neglected
a vulnerable adult.
Sec. 355 RCW 74.39A.200 and 2000 c 121 s 11 are each amended to
read as follows:
All training curricula and material, except competency testing
material, developed by or for the department and used in part or in
whole for the purpose of improving provider and caregiver knowledge and
skill are in the public domain unless otherwise protected by copyright
law and are subject to disclosure under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act). Any training
curricula and material developed by a private entity through a contract
with the department are also considered part of the public domain and
shall be shared subject to copyright restrictions. Any proprietary
curricula and material developed by a private entity for the purposes
of training staff in facilities licensed under chapter 18.20 or 70.128
RCW or individual providers and home care agency providers under this
chapter and approved for training by the department are not part of the
public domain.
Sec. 356 RCW 74.46.820 and 1998 c 322 s 43 are each amended to
read as follows:
(1) Cost reports and their final audit reports filed by the
contractor shall be subject to public disclosure pursuant to the
requirements of chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act).
(2) Subsection (1) of this section does not prevent a contractor
from having access to its own records or from authorizing an agent or
designee to have access to the contractor's records.
(3) Regardless of whether any document or report submitted to the
secretary pursuant to this chapter is subject to public disclosure,
copies of such documents or reports shall be provided by the secretary,
upon written request, to the legislature and to state agencies or state
or local law enforcement officials who have an official interest in the
contents thereof.
Sec. 357 RCW 76.09.060 and 2003 c 314 s 5 are each amended to
read as follows:
The following shall apply to those forest practices administered
and enforced by the department and for which the board shall promulgate
regulations as provided in this chapter:
(1) The department shall prescribe the form and contents of the
notification and application. The forest practices rules shall specify
by whom and under what conditions the notification and application
shall be signed or otherwise certified as acceptable. The application
or notification shall be delivered in person to the department, sent by
first class mail to the department or electronically filed in a form
defined by the department. The form for electronic filing shall be
readily convertible to a paper copy, which shall be available to the
public pursuant to chapter ((42.17 RCW)) 42.-- RCW (the new chapter
created in section 103 of this act). The information required may
include, but is not limited to:
(a) Name and address of the forest landowner, timber owner, and
operator;
(b) Description of the proposed forest practice or practices to be
conducted;
(c) Legal description and tax parcel identification numbers of the
land on which the forest practices are to be conducted;
(d) Planimetric and topographic maps showing location and size of
all lakes and streams and other public waters in and immediately
adjacent to the operating area and showing all existing and proposed
roads and major tractor roads;
(e) Description of the silvicultural, harvesting, or other forest
practice methods to be used, including the type of equipment to be used
and materials to be applied;
(f) Proposed plan for reforestation and for any revegetation
necessary to reduce erosion potential from roadsides and yarding roads,
as required by the forest practices rules;
(g) Soil, geological, and hydrological data with respect to forest
practices;
(h) The expected dates of commencement and completion of all forest
practices specified in the application;
(i) Provisions for continuing maintenance of roads and other
construction or other measures necessary to afford protection to public
resources;
(j) An affirmation that the statements contained in the
notification or application are true; and
(k) All necessary application or notification fees.
(2) Long range plans may be submitted to the department for review
and consultation.
(3) The application for a forest practice or the notification of a
Class II forest practice is subject to the three-year reforestation
requirement.
(a) If the application states that any such land will be or is
intended to be so converted:
(i) The reforestation requirements of this chapter and of the
forest practices rules shall not apply if the land is in fact so
converted unless applicable alternatives or limitations are provided in
forest practices rules issued under RCW 76.09.070 as now or hereafter
amended;
(ii) Completion of such forest practice operations shall be deemed
conversion of the lands to another use for purposes of chapters 84.33
and 84.34 RCW unless the conversion is to a use permitted under a
current use tax agreement permitted under chapter 84.34 RCW;
(iii) The forest practices described in the application are subject
to applicable county, city, town, and regional governmental authority
permitted under RCW 76.09.240 as now or hereafter amended as well as
the forest practices rules.
(b) Except as provided elsewhere in this section, if the
application or notification does not state that any land covered by the
application or notification will be or is intended to be so converted:
(i) For six years after the date of the application the county,
city, town, and regional governmental entities shall deny any or all
applications for permits or approvals, including building permits and
subdivision approvals, relating to nonforestry uses of land subject to
the application;
(A) The department shall submit to the local governmental entity a
copy of the statement of a forest landowner's intention not to convert
which shall represent a recognition by the landowner that the six-year
moratorium shall be imposed and shall preclude the landowner's ability
to obtain development permits while the moratorium is in place. This
statement shall be filed by the local governmental entity with the
county recording officer, who shall record the documents as provided in
chapter 65.04 RCW, except that lands designated as forest lands of
long-term commercial significance under chapter 36.70A RCW shall not be
recorded due to the low likelihood of conversion. Not recording the
statement of a forest landowner's conversion intention shall not be
construed to mean the moratorium is not in effect.
(B) The department shall collect the recording fee and reimburse
the local governmental entity for the cost of recording the
application.
(C) When harvesting takes place without an application, the local
governmental entity shall impose the six-year moratorium provided in
(b)(i) of this subsection from the date the unpermitted harvesting was
discovered by the department or the local governmental entity.
(D) The local governmental entity shall develop a process for
lifting the six-year moratorium, which shall include public
notification, and procedures for appeals and public hearings.
(E) The local governmental entity may develop an administrative
process for lifting or waiving the six-year moratorium for the purposes
of constructing a single-family residence or outbuildings, or both, on
a legal lot and building site. Lifting or waiving of the six-year
moratorium is subject to compliance with all local ordinances.
(F) The six-year moratorium shall not be imposed on a forest
practices application that contains a conversion option harvest plan
approved by the local governmental entity unless the forest practice
was not in compliance with the approved forest practice permit. Where
not in compliance with the conversion option harvest plan, the six-year
moratorium shall be imposed from the date the application was approved
by the department or the local governmental entity;
(ii) Failure to comply with the reforestation requirements
contained in any final order or decision shall constitute a removal of
designation under the provisions of RCW 84.33.140, and a change of use
under the provisions of RCW 84.34.080, and, if applicable, shall
subject such lands to the payments and/or penalties resulting from such
removals or changes; and
(iii) Conversion to a use other than commercial forest product
operations within six years after approval of the forest practices
without the consent of the county, city, or town shall constitute a
violation of each of the county, municipal city, town, and regional
authorities to which the forest practice operations would have been
subject if the application had so stated.
(c) The application or notification shall be signed by the forest
landowner and accompanied by a statement signed by the forest landowner
indicating his or her intent with respect to conversion and
acknowledging that he or she is familiar with the effects of this
subsection.
(4) Whenever an approved application authorizes a forest practice
which, because of soil condition, proximity to a water course or other
unusual factor, has a potential for causing material damage to a public
resource, as determined by the department, the applicant shall, when
requested on the approved application, notify the department two days
before the commencement of actual operations.
(5) Before the operator commences any forest practice in a manner
or to an extent significantly different from that described in a
previously approved application or notification, there shall be
submitted to the department a new application or notification form in
the manner set forth in this section.
(6) Except as provided in RCW 76.09.350(4), the notification to or
the approval given by the department to an application to conduct a
forest practice shall be effective for a term of two years from the
date of approval or notification and shall not be renewed unless a new
application is filed and approved or a new notification has been filed.
At the option of the applicant, an application or notification may be
submitted to cover a single forest practice or a number of forest
practices within reasonable geographic or political boundaries as
specified by the department. An application or notification that
covers more than one forest practice may have an effective term of more
than two years. The board shall adopt rules that establish standards
and procedures for approving an application or notification that has an
effective term of more than two years. Such rules shall include
extended time periods for application or notification approval or
disapproval. On an approved application with a term of more than two
years, the applicant shall inform the department before commencing
operations.
(7) Notwithstanding any other provision of this section, no prior
application or notification shall be required for any emergency forest
practice necessitated by fire, flood, windstorm, earthquake, or other
emergency as defined by the board, but the operator shall submit an
application or notification, whichever is applicable, to the department
within forty-eight hours after commencement of such practice or as
required by local regulations.
(8) Forest practices applications or notifications are not required
for forest practices conducted to control exotic forest insect or
disease outbreaks, when conducted by or under the direction of the
department of agriculture in carrying out an order of the governor or
director of the department of agriculture to implement pest control
measures as authorized under chapter 17.24 RCW, and are not required
when
conducted by or under the direction of the department in carrying
out emergency measures under a forest health emergency declaration by
the commissioner of public lands as provided in RCW 76.06.130.
(a) For the purposes of this subsection, exotic forest insect or
disease has the same meaning as defined in RCW 76.06.020.
(b) In order to minimize adverse impacts to public resources,
control measures must be based on integrated pest management, as
defined in RCW 17.15.010, and must follow forest practices rules
relating to road construction and maintenance, timber harvest, and
forest chemicals, to the extent possible without compromising control
objectives.
(c) Agencies conducting or directing control efforts must provide
advance notice to the appropriate regulatory staff of the department of
the operations that would be subject to exemption from forest practices
application or notification requirements.
(d) When the appropriate regulatory staff of the department are
notified under (c) of this subsection, they must consult with the
landowner, interested agencies, and affected tribes, and assist the
notifying agencies in the development of integrated pest management
plans that comply with forest practices rules as required under (b) of
this subsection.
(e) Nothing under this subsection relieves agencies conducting or
directing control efforts from requirements of the federal clean water
act as administered by the department of ecology under RCW 90.48.260.
(f) Forest lands where trees have been cut as part of an exotic
forest insect or disease control effort under this subsection are
subject to reforestation requirements under RCW 76.09.070.
(g) The exemption from obtaining approved forest practices
applications or notifications does not apply to forest practices
conducted after the governor, the director of the department of
agriculture, or the commissioner of public lands have declared that an
emergency no longer exists because control objectives have been met,
that there is no longer an imminent threat, or that there is no longer
a good likelihood of control.
Sec. 358 RCW 80.04.095 and 1987 c 107 s 1 are each amended to
read as follows:
Records, subject to chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act), filed with the commission
or the attorney general from any person which contain valuable
commercial information, including trade secrets or confidential
marketing, cost, or financial information, or customer-specific usage
and network configuration and design information, shall not be subject
to inspection or copying under chapter ((42.17 RCW)) 42.-- RCW (the new
chapter created in section 103 of this act): (1) Until notice to the
person or persons directly affected has been given; and (2) if, within
ten days of the notice, the person has obtained a superior court order
protecting the records as confidential. The court shall determine that
the records are confidential and not subject to inspection and copying
if disclosure would result in private loss, including an unfair
competitive disadvantage. When providing information to the commission
or the attorney general, a person shall designate which records or
portions of records contain valuable commercial information. Nothing
in this section shall prevent the use of protective orders by the
commission governing disclosure of proprietary or confidential
information in contested proceedings.
Sec. 359 RCW 81.104.115 and 2001 c 127 s 1 are each amended to
read as follows:
(1) The department may collect and review the system safety and
security program plan prepared by each owner or operator of a rail
fixed guideway system. In carrying out this function, the department
may adopt rules specifying the elements and standard to be contained in
a system safety and security program plan, and the content of any
investigation report, corrective action plan, and accompanying
implementation schedule resulting from a reportable accident,
unacceptable hazardous condition, or security breach. These rules may
include due dates for the department's timely receipt of and response
to required documents.
(2) The security section of the system safety and security plan as
described in subsection (1)(d) of RCW 35.21.228, 35A.21.300, 36.01.210,
36.57.120, 36.57A.170, and 81.112.180 are exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act) by the department when collected from the
owners and operators of fixed railway systems. However, the activities
and plans as described in subsection (1)(a), (b), and (c) of RCW
35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and 81.112.180
are not exempt from public disclosure.
(3) The department shall audit each system safety and security
program plan at least once every three years. The department may
contract with other persons or entities for the performance of duties
required by this subsection. The department shall provide at least
thirty days' advance notice to the owner or operator of a rail fixed
guideway system before commencing the audit. The owner or operator of
each rail fixed guideway system shall reimburse the reasonable expenses
of the department in carrying out its responsibilities of this
subsection within ninety days after receipt of an invoice. The
department shall notify the owner or operator of the estimated expenses
at least six months in advance of when the department audits the
system.
(4) In the event of a reportable accident, unacceptable hazardous
condition, or security breach, the department shall review the
investigation report, corrective action plan, and accompanying
implementation schedule, submitted by the owner or operator of the rail
fixed guideway system to ensure that it meets the goal of preventing
and mitigating a recurrence of the reportable accident, unacceptable
hazardous condition, or security breach.
(a) The department may, at its option, perform a separate,
independent investigation of a reportable accident, unacceptable
hazardous condition, or security breach. The department may contract
with other persons or entities for the performance of duties required
by this subsection.
(b) If the department does not concur with the investigation
report, corrective action plan, and accompanying implementation
schedule, submitted by the owner or operator, the department shall
notify that owner or operator in writing within forty-five days of its
receipt of the complete investigation report, corrective action plan,
and accompanying implementation schedule.
(5) The secretary may adopt rules to implement this section and RCW
35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and
81.112.180, including rules establishing procedures and timelines for
owners and operators of rail fixed guideway systems to comply with RCW
35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and 81.112.180
and the rules adopted under this section. If noncompliance by an owner
or operator of a rail fixed guideway system results in the loss of
federal funds to the state of Washington or a political subdivision of
the state, the owner or operator is liable to the affected entity or
entities for the amount of the lost funds.
(6) The department may impose sanctions upon owners and operators
of rail fixed guideway systems, but only for failure to meet reasonable
deadlines for submission of required reports and audits. The
department is expressly prohibited from imposing sanctions for any
other purposes, including, but not limited to, differences in format or
content of required reports and audits.
(7) The department and its employees have no liability arising from
the adoption of rules; the review of or concurrence in a system safety
and security program plan; the separate, independent investigation of
a reportable accident, unacceptable hazardous condition, or security
breach; and the review of or concurrence in a corrective action plan
for a reportable accident, unacceptable hazardous condition, or
security breach.
Sec. 360 RCW 81.112.180 and 1999 c 202 s 6 are each amended to
read as follows:
(1) Each regional transit authority that owns or operates a rail
fixed guideway system as defined in RCW 81.104.015 shall submit a
system safety and security program plan for that guideway to the state
department of transportation by September 1, 1999, or at least three
months before beginning operations or instituting revisions to its
plan. This plan must describe the authority's procedures for (a)
reporting and investigating reportable accidents, unacceptable
hazardous conditions, and security breaches, (b) submitting corrective
action plans and annual safety and security audit reports, (c)
facilitating on-site safety and security reviews by the state
department of transportation, and (d) addressing passenger and employee
security. The plan must, at a minimum, conform to the standards
adopted by the state department of transportation. If required by the
department, the regional transit authority shall revise its plan to
incorporate the department's review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2) Each regional transit authority shall implement and comply with
its system safety and security program plan. The regional transit
authority shall perform internal safety and security audits to evaluate
its compliance with the plan, and submit its audit schedule to the
department of transportation no later than December 15th each year.
The regional transit authority shall prepare an annual report for its
internal safety and security audits undertaken in the prior year and
submit it to the department no later than February 15th. This annual
report must include the dates the audits were conducted, the scope of
the audit activity, the audit findings and recommendations, the status
of any corrective actions taken as a result of the audit activity, and
the results of each audit in terms of the adequacy and effectiveness of
the plan.
(3) Each regional transit authority shall notify the department of
transportation within twenty-four hours of an occurrence of a
reportable accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a reportable
accident, unacceptable hazardous condition, or security breach. The
regional transit authority shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and provide a
written investigation report to the department within forty-five
calendar days after the reportable accident, unacceptable hazardous
condition, or security breach.
(4) The security section of the safety and security plan required
in subsection (1)(d) of this section is exempt from public disclosure
under chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in
section 103 of this act). However, the activities and plans as
described in subsections (1)(a), (b), and (c), (2), and (3) of this
section are not subject to this exemption.
Sec. 361 RCW 82.32.330 and 2000 c 173 s 1 and 2000 c 106 s 1 are
each reenacted and amended to read as follows:
(1) For purposes of this section:
(a) "Disclose" means to make known to any person in any manner
whatever a return or tax information;
(b) "Return" means a tax or information return or claim for refund
required by, or provided for or permitted under, the laws of this state
which is filed with the department of revenue by, on behalf of, or with
respect to a person, and any amendment or supplement thereto, including
supporting schedules, attachments, or lists that are supplemental to,
or part of, the return so filed;
(c) "Tax information" means (i) a taxpayer's identity, (ii) the
nature, source, or amount of the taxpayer's income, payments, receipts,
deductions, exemptions, credits, assets, liabilities, net worth, tax
liability deficiencies, overassessments, or tax payments, whether taken
from the taxpayer's books and records or any other source, (iii)
whether the taxpayer's return was, is being, or will be examined or
subject to other investigation or processing, (iv) a part of a written
determination that is not designated as a precedent and disclosed
pursuant to RCW 82.32.410, or a background file document relating to a
written determination, and (v) other data received by, recorded by,
prepared by, furnished to, or collected by the department of revenue
with respect to the determination of the existence, or possible
existence, of liability, or the amount thereof, of a person under the
laws of this state for a tax, penalty, interest, fine, forfeiture, or
other imposition, or offense: PROVIDED, That data, material, or
documents that do not disclose information related to a specific or
identifiable taxpayer do not constitute tax information under this
section. Except as provided by RCW 82.32.410, nothing in this chapter
shall require any person possessing data, material, or documents made
confidential and privileged by this section to delete information from
such data, material, or documents so as to permit its disclosure;
(d) "State agency" means every Washington state office, department,
division, bureau, board, commission, or other state agency;
(e) "Taxpayer identity" means the taxpayer's name, address,
telephone number, registration number, or any combination thereof, or
any other information disclosing the identity of the taxpayer; and
(f) "Department" means the department of revenue or its officer,
agent, employee, or representative.
(2) Returns and tax information shall be confidential and
privileged, and except as authorized by this section, neither the
department of revenue nor any other person may disclose any return or
tax information.
(3) The foregoing, however, shall not prohibit the department of
revenue from:
(a) Disclosing such return or tax information in a civil or
criminal judicial proceeding or an administrative proceeding:
(i) In respect of any tax imposed under the laws of this state if
the taxpayer or its officer or other person liable under Title 82 RCW
is a party in the proceeding; or
(ii) In which the taxpayer about whom such return or tax
information is sought and another state agency are adverse parties in
the proceeding;
(b) Disclosing, subject to such requirements and conditions as the
director shall prescribe by rules adopted pursuant to chapter 34.05
RCW, such return or tax information regarding a taxpayer to such
taxpayer or to such person or persons as that taxpayer may designate in
a request for, or consent to, such disclosure, or to any other person,
at the taxpayer's request, to the extent necessary to comply with a
request for information or assistance made by the taxpayer to such
other person: PROVIDED, That tax information not received from the
taxpayer shall not be so disclosed if the director determines that such
disclosure would compromise any investigation or litigation by any
federal, state, or local government agency in connection with the civil
or criminal liability of the taxpayer or another person, or that such
disclosure would identify a confidential informant, or that such
disclosure is contrary to any agreement entered into by the department
that provides for the reciprocal exchange of information with other
government agencies which agreement requires confidentiality with
respect to such information unless such information is required to be
disclosed to the taxpayer by the order of any court;
(c) Disclosing the name of a taxpayer with a deficiency greater
than five thousand dollars and against whom a warrant under RCW
82.32.210 has been either issued or filed and remains outstanding for
a period of at least ten working days. The department shall not be
required to disclose any information under this subsection if a
taxpayer: (i) Has been issued a tax assessment; (ii) has been issued
a warrant that has not been filed; and (iii) has entered a deferred
payment arrangement with the department of revenue and is making
payments upon such deficiency that will fully satisfy the indebtedness
within twelve months;
(d) Disclosing the name of a taxpayer with a deficiency greater
than
five thousand dollars and against whom a warrant under RCW
82.32.210 has been filed with a court of record and remains
outstanding;
(e) Publishing statistics so classified as to prevent the
identification of particular returns or reports or items thereof;
(f) Disclosing such return or tax information, for official
purposes only, to the governor or attorney general, or to any state
agency, or to any committee or subcommittee of the legislature dealing
with matters of taxation, revenue, trade, commerce, the control of
industry or the professions;
(g) Permitting the department of revenue's records to be audited
and examined by the proper state officer, his or her agents and
employees;
(h) Disclosing any such return or tax information to a peace
officer as defined in RCW 9A.04.110 or county prosecuting attorney, for
official purposes. The disclosure may be made only in response to a
search warrant, subpoena, or other court order, unless the disclosure
is for the purpose of criminal tax enforcement. A peace officer or
county prosecuting attorney who receives the return or tax information
may disclose that return or tax information only for use in the
investigation and a related court proceeding, or in the court
proceeding for which the return or tax information originally was
sought;
(i) Disclosing any such return or tax information to the proper
officer of the internal revenue service of the United States, the
Canadian government or provincial governments of Canada, or to the
proper officer of the tax department of any state or city or town or
county, for official purposes, but only if the statutes of the United
States, Canada or its provincial governments, or of such other state or
city or town or county, as the case may be, grants substantially
similar privileges to the proper officers of this state;
(j) Disclosing any such return or tax information to the Department
of Justice, the Bureau of Alcohol, Tobacco and Firearms of the
Department of the Treasury, the Department of Defense, the United
States Customs Service, the Coast Guard of the United States, and the
United States Department of Transportation, or any authorized
representative thereof, for official purposes;
(k) Publishing or otherwise disclosing the text of a written
determination designated by the director as a precedent pursuant to RCW
82.32.410;
(l) Disclosing, in a manner that is not associated with other tax
information, the taxpayer name, entity type, business address, mailing
address, revenue tax registration numbers, North American industry
classification system or standard industrial classification code of a
taxpayer, and the dates of opening and closing of business. This
subsection shall not be construed as giving authority to the department
to give, sell, or provide access to any list of taxpayers for any
commercial purpose;
(m) Disclosing such return or tax information that is also
maintained by another Washington state or local governmental agency as
a public record available for inspection and copying under the
provisions of chapter ((42.17 RCW)) 42.-- RCW (the new chapter created
in section 103 of this act) or is a document maintained by a court of
record not otherwise prohibited from disclosure;
(n) Disclosing such return or tax information to the United States
department of agriculture for the limited purpose of investigating food
stamp fraud by retailers;
(o) Disclosing to a financial institution, escrow company, or title
company, in connection with specific real property that is the subject
of a real estate transaction, current amounts due the department for a
filed tax warrant, judgment, or lien against the real property; or
(p) Disclosing to a person against whom the department has asserted
liability as a successor under RCW 82.32.140 return or tax information
pertaining to the specific business of the taxpayer to which the person
has succeeded.
(4)(a) The department may disclose return or taxpayer information
to a person under investigation or during any court or administrative
proceeding against a person under investigation as provided in this
subsection (4). The disclosure must be in connection with the
department's official duties relating to an audit, collection activity,
or a civil or criminal investigation. The disclosure may occur only
when the person under investigation and the person in possession of
data, materials, or documents are parties to the return or tax
information to be disclosed. The department may disclose return or tax
information such as invoices, contracts, bills, statements, resale or
exemption certificates, or checks. However, the department may not
disclose general ledgers, sales or cash receipt journals, check
registers, accounts receivable/payable ledgers, general journals,
financial statements, expert's workpapers, income tax returns, state
tax returns, tax return workpapers, or other similar data, materials,
or documents.
(b) Before disclosure of any tax return or tax information under
this subsection (4), the department shall, through written
correspondence, inform the person in possession of the data, materials,
or documents to be disclosed. The correspondence shall clearly
identify the data, materials, or documents to be disclosed. The
department may not disclose any tax return or tax information under
this subsection (4) until the time period allowed in (c) of this
subsection has expired or until the court has ruled on any challenge
brought under (c) of this subsection.
(c) The person in possession of the data, materials, or documents
to be disclosed by the department has twenty days from the receipt of
the written request required under (b) of this subsection to petition
the superior court of the county in which the petitioner resides for
injunctive relief. The court shall limit or deny the request of the
department if the court determines that:
(i) The data, materials, or documents sought for disclosure are
cumulative or duplicative, or are obtainable from some other source
that is more convenient, less burdensome, or less expensive;
(ii) The production of the data, materials, or documents sought
would be unduly burdensome or expensive, taking into account the needs
of the department, the amount in controversy, limitations on the
petitioner's resources, and the importance of the issues at stake; or
(iii) The data, materials, or documents sought for disclosure
contain trade secret information that, if disclosed, could harm the
petitioner.
(d) The department shall reimburse reasonable expenses for the
production of data, materials, or documents incurred by the person in
possession of the data, materials, or documents to be disclosed.
(e) Requesting information under (b) of this subsection that may
indicate that a taxpayer is under investigation does not constitute a
disclosure of tax return or tax information under this section.
(5) Any person acquiring knowledge of any return or tax information
in the course of his or her employment with the department of revenue
and any person acquiring knowledge of any return or tax information as
provided under subsection (3)(f), (g), (h), (i), (j), or (n) of this
section, who discloses any such return or tax information to another
person not entitled to knowledge of such return or tax information
under the provisions of this section, is guilty of a misdemeanor. If
the person guilty of such violation is an officer or employee of the
state, such person shall forfeit such office or employment and shall be
incapable of holding any public office or employment in this state for
a period of two years thereafter.
Sec. 362 RCW 82.32.410 and 2001 c 320 s 10 are each amended to
read as follows:
(1) The director may designate certain written determinations as
precedents.
(a) By rule adopted pursuant to chapter 34.05 RCW, the director
shall adopt criteria which he or she shall use to decide whether a
determination is precedential. These criteria shall include, but not
be limited to, whether the determination clarifies an unsettled
interpretation of Title 82 RCW or where the determination modifies or
clarifies an earlier interpretation.
(b) Written determinations designated as precedents by the director
shall be made available for public inspection and shall be published by
the department.
(c) The department shall disclose any written determination upon
which it relies to support any assessment of tax, interest, or penalty
against such taxpayer, after making the deletions provided by
subsection (2) of this section.
(2) Before making a written determination available for public
inspection under subsection (1) of this section, the department shall
delete:
(a) The names, addresses, and other identifying details of the
person to whom the written determination pertains and of another person
identified in the written determination; and
(b) Information the disclosure of which is specifically prohibited
by any statute applicable to the department of revenue, and the
department may also delete other information exempted from disclosure
by chapter ((42.17 RCW)) 42.-- RCW (the new chapter created in section
103 of this act) or any other statute applicable to the department of
revenue.
Sec. 363 RCW 84.08.210 and 1997 c 239 s 1 are each amended to
read as follows:
(1) For purposes of this section, "tax information" means
confidential income data and proprietary business information obtained
by the department in the course of carrying out the duties now or
hereafter imposed upon it in this title that has been communicated in
confidence in connection with the assessment of property and that has
not been publicly disseminated by the taxpayer, the disclosure of which
would be either highly offensive to a reasonable person and not a
legitimate concern to the public or would result in an unfair
competitive disadvantage to the taxpayer.
(2) Tax information is confidential and privileged, and except as
authorized by this section, neither the department nor any other person
may disclose tax information.
(3) Subsection (2) of this section, however, does not prohibit the
department from:
(a) Disclosing tax information to any county assessor or county
treasurer;
(b) Disclosing tax information in a civil or criminal judicial
proceeding or an administrative proceeding in respect to taxes or
penalties imposed under this title or Title 82 RCW or in respect to
assessment or valuation for tax purposes of the property to which the
information or facts relate;
(c) Disclosing tax information with the written permission of the
taxpayer;
(d) Disclosing tax information to the proper officer of the tax
department of any state responsible for the imposition or collection of
property taxes, or for the valuation of property for tax purposes, if
the other state grants substantially similar privileges to the proper
officers of this state;
(e) Disclosing tax information that is also maintained by another
Washington state or local governmental agency as a public record
available for inspection and copying under chapter ((42.17 RCW)) 42.--
RCW (the new chapter created in section 103 of this act) or is a
document maintained by a court of record not otherwise prohibited from
disclosure;
(f) Disclosing tax information to a peace officer as defined in RCW
9A.04.110 or county prosecutor, for official purposes. The disclosure
may be made only in response to a search warrant, subpoena, or other
court order, unless the disclosure is for the purpose of criminal tax
enforcement. A peace officer or county prosecutor who receives the tax
information may disclose the tax information only for use in the
investigation and a related court proceeding, or in the court
proceeding for which the tax information originally was sought; or
(g) Disclosing information otherwise available under chapter
((42.17 RCW)) 42.-- RCW (the new chapter created in section 103 of this
act).
(4) A violation of this section constitutes a gross misdemeanor.
Sec. 364 RCW 84.40.020 and 2001 c 187 s 16 are each amended to
read as follows:
All real property in this state subject to taxation shall be listed
and assessed every year, with reference to its value on the first day
of January of the year in which it is assessed. Such listing and all
supporting documents and records shall be open to public inspection
during the regular office hours of the assessor's office: PROVIDED,
That confidential income data is hereby exempted from public inspection
as noted in RCW 42.17.260 and 42.17.310 (as recodified by this act).
All personal property in this state subject to taxation shall be listed
and assessed every year, with reference to its value and ownership on
the first day of January of the year in which it is assessed:
PROVIDED, That if the stock of goods, wares, merchandise or material,
whether in a raw or finished state or in process of manufacture, owned
or held by any taxpayer on January 1 of any year does not fairly
represent the average stock carried by such taxpayer, such stock shall
be listed and assessed upon the basis of the monthly average of stock
owned or held by such taxpayer during the preceding calendar year or
during such portion thereof as the taxpayer was engaged in business.
Sec. 365 RCW 90.14.068 and 1997 c 440 s 1 are each amended to
read as follows:
(1) A new period for filing statements of claim for water rights is
established. The filing period shall begin September 1, 1997, and
shall end at midnight June 30, 1998. Each person or entity claiming
under state law a right to withdraw or divert and beneficially use
surface water under a right that was established before the effective
date of water code established by chapter 117, Laws of 1917, and any
person claiming under state law a right to withdraw and beneficially
use ground water under a right that was established before the
effective date of the ground water code established by chapter 263,
Laws of 1945, shall register the claim with the department during the
filing period unless the claim has been filed in the state water rights
claims registry before July 27, 1997. A person who claims such a right
and fails to register the claim as required is conclusively deemed to
have waived and relinquished any right, title, or interest in the
right. A statement filed during this filing period shall be filed as
provided in RCW 90.14.051 and 90.14.061 and shall be subject to the
provisions of this chapter regarding statements of claim. This
reopening of the period for filing statements of claim shall not affect
or impair in any respect whatsoever any water right existing prior to
July 27, 1997. A water right embodied in a statement of claim filed
under this section is subordinate to any water right embodied in a
permit or certificate issued under chapter 90.03 or 90.44 RCW prior to
the date the statement of claim is filed with the department and is
subordinate to any water right embodied in a statement of claim filed
in the water rights claims registry before July 27, 1997.
(2) The department of ecology shall, at least once each week during
the month of August 1997 and at least once each month during the filing
period, publish a notice regarding this new filing period in newspapers
of general circulation in the various regions of the state. The notice
shall contain the substance of the following notice:
Each person or entity claiming a right to withdraw or divert and beneficially use surface water under a right that was established before June 7, 1917, or claiming a right to withdraw and beneficially use ground water under a right that was established before June 7, 1945, under the laws of the state of Washington must register the claim with the department of ecology, Olympia, Washington. The claim must be registered on or after September 1, 1997, and not later than five o'clock on June 30, 1998.
| FAILURE TO REGISTER THE CLAIM WILL RESULT IN A WAIVER AND RELINQUISHMENT OF THE WATER RIGHT OR CLAIMED WATER RIGHT |
Registering a claim is NOT required for:
1. A water right that is based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors;
2. A water right that is based on the exemption from permitting requirements provided by RCW 90.44.050 for certain very limited uses of ground water; or
3. A water right that is based on a statement of claim that has previously been filed in the state's water rights claims registry during other registration periods.
For further information, for a copy of the law establishing this filing period, and for an explanation of the law and its requirements, contact the department of ecology, Olympia, Washington.
Sec. 366 RCW 90.80.135 and 2001 c 237 s 18 are each amended to
read as follows:
(1) A board is subject to the requirements of chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act). Each
board must establish and maintain records of its proceedings and
determinations. While in the possession of the board, all such records
must be made available for inspection and copies must be provided to
the public on request under the provisions of chapter ((42.17 RCW))
42.-- RCW (the new chapter created in section 103 of this act).
(2) Upon the conclusion of its business involving a water right
transfer application, a board must promptly send the original copies of
all records relating to that application to the department for
recordkeeping. A board may keep a copy of the original documents.
After the records are transferred to the department, the responsibility
for making the records available under chapter ((42.17 RCW)) 42.-- RCW
(the new chapter created in section 103 of this act) is transferred to
the department.
NEW SECTION. Sec. 401 The purpose of sections 402 through 429 of
this act is to reorganize the public inspection and copying exemptions
in RCW 42.17.310 through 42.17.31921 by creating smaller, discrete code
sections organized by subject matter. The legislature does not intend
that this act effectuate any substantive change to any public
inspection and copying exemption in the Revised Code of Washington.
Sec. 402 RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are
each reenacted and amended to read as follows:
(1) ((The following are exempt from public inspection and copying:)) Except for information described in ((
(a) Personal information in any files maintained for students in
public schools, patients or clients of public institutions or public
health agencies, or welfare recipients.
(b) Personal information in files maintained for employees,
appointees, or elected officials of any public agency to the extent
that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the
assessment or collection of any tax if the disclosure of the
information to other persons would (i) be prohibited to such persons by
RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the
taxpayer's right to privacy or result in unfair competitive
disadvantage to the taxpayer.
(d) 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.
(e) 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 public disclosure
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 public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the
complainant under oath.
(f) Test questions, scoring keys, and other examination data used
to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real
estate appraisals, made for or by any agency relative to the
acquisition or sale of property, until the project or prospective sale
is abandoned or until such time as all of the property has been
acquired or the property to which the sale appraisal relates is sold,
but in no event shall disclosure be denied for more than three years
after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency
memorandums in which opinions are expressed or policies formulated or
recommended except that a specific record shall not be exempt when
publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency
is a party but which records would not be available to another party
under the rules of pretrial discovery for causes pending in the
superior courts.
(k) Records, maps, or other information identifying the location of
archaeological sites in order to avoid the looting or depredation of
such sites.
(l) Any library record, the primary purpose of which is to maintain
control of library materials, or to gain access to information, which
discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (i) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (ii) highway
construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with
the utilities and transportation commission under RCW 81.34.070, except
that the summaries of the contracts are open to public inspection and
copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by
private persons pertaining to export services provided pursuant to
chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to
export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under
chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission
or attorney general under RCW 80.04.095 that a court has determined are
confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,
or during application for economic development loans or program
services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of
units in timeshare projects, subdivisions, camping resorts,
condominiums, land developments, or common-interest communities
affiliated with such projects, regulated by the department of
licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of
applicants, resumes, and other related materials submitted with respect
to an applicant.
(u) The residential addresses or residential telephone numbers of
employees or volunteers of a public agency which are held by any public
agency in personnel records, public employment related records, or
volunteer rosters, or are included in any mailing list of employees or
volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of
the customers of a public utility contained in the records or lists
held by the public utility of which they are customers, except that
this information may be released to the division of child support or
the agency or firm providing child support enforcement for another
state under Title IV-D of the federal social security act, for the
establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed
under chapter 18.130 RCW maintained in the files of the department of
health, except this exemption does not apply to requests made directly
to the department from federal, state, and local agencies of
government, and national and state licensing, credentialing,
investigatory, disciplinary, and examination organizations; (ii) the
current residential address and current residential telephone number of
a health care provider governed under chapter 18.130 RCW maintained in
the files of the department, if the provider requests that this
information be withheld from public inspection and copying, and
provides to the department an accurate alternate or business address
and business telephone number. On or after January 1, 1995, the
current residential address and residential telephone number of a
health care provider governed under RCW 18.130.040 maintained in the
files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW
42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in
RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department
of health and its representatives as provided in RCW 69.41.044,
69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic
violence program as defined in RCW 70.123.020 or 70.123.075 or a rape
crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency
employee: (i) Seeks advice, under an informal process established by
the employing agency, in order to ascertain his or her rights in
connection with a possible unfair practice under chapter 49.60 RCW
against the person; and (ii) requests his or her identity or any
identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency
conducting a current investigation of a possible unfair practice under
chapter 49.60 RCW or of a possible violation of other federal, state,
or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection
and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW.
(hh) Information and documents created specifically for, and
collected and maintained by a quality improvement committee pursuant to
RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW
4.24.250, regardless of which agency is in possession of the
information and documents.
(ii) Personal information in files maintained in a data base
created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional
housing that are furnished to the department of revenue or a county
assessor in order to substantiate a claim for property tax exemption
under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone
numbers, and other individually identifiable records held by an agency
in relation to a vanpool, carpool, or other ride-sharing program or
service. However, these records may be disclosed to other persons who
apply for ride-matching services and who need that information in order
to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former
participants or applicants in a paratransit or other transit service
operated for the benefit of persons with disabilities or elderly
persons.
(nn) The personally identifying information of persons who acquire
and use transit passes and other fare payment media including, but not
limited to, stored value smart cards and magnetic strip cards, except
that an agency may disclose this information to a person, employer,
educational institution, or other entity that is responsible, in whole
or in part, for payment of the cost of acquiring or using a transit
pass or other fare payment media, or to the news media when reporting
on public transportation or public safety. This information may also
be disclosed at the agency's discretion to governmental agencies or
groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the
submitting entity, with review by the department of health,
specifically identifies at the time it is submitted and that is
provided to or obtained by the department of health in connection with
an application for, or the supervision of, an antitrust exemption
sought by the submitting entity under RCW 43.72.310. If a request for
such information is received, the submitting entity must be notified of
the request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing
need for confidentiality, which shall be provided to the requester.
Upon receipt of such notice, the department of health shall continue to
treat information designated under this section as exempt from
disclosure. If the requester initiates an action to compel disclosure
under this chapter, the submitting entity must be joined as a party to
demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance
appeals that are related to appeals of crime victims' compensation
claims filed with the board under RCW 7.68.110.
(qq) 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.
(rr) 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(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check
numbers, card expiration dates, or bank or other financial account
numbers, except when disclosure is expressly required by or governed by
other law.
(tt) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a liquor
license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and
subject to chapter 50.13 RCW if provided to another individual or
organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work
force training and education coordinating board for research or
evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained
to prevent, mitigate, or respond to criminal terrorist acts, which are
acts that significantly disrupt the conduct of government or of the
general civilian population of the state or the United States and that
manifest an extreme indifference to human life, the public disclosure
of which would have a substantial likelihood of threatening public
safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and
unique response or deployment plans, including compiled underlying data
collected in preparation of or essential to the assessments, or to the
response or deployment plans; and
(ii) Records not subject to public disclosure under federal law
that are shared by federal or international agencies, and information
prepared from national security briefings provided to state or local
government officials related to domestic preparedness for acts of
terrorism.
(xx) Commercial fishing catch data from logbooks required to be
provided to the department of fish and wildlife under RCW 77.12.047,
when the data identifies specific catch location, timing, or
methodology and the release of which would result in unfair competitive
disadvantage to the commercial fisher providing the catch data.
However, this information may be released to government agencies
concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and
wildlife. However, sensitive wildlife data may be released to
government agencies concerned with the management of fish and wildlife
resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species
designated under RCW 77.12.020, or threatened or sensitive species
classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by,
telemetry studies; or
(iii) Other location data that could compromise the viability of a
specific fish or wildlife population, and where at least one of the
following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the
species behavior or ecology renders it especially vulnerable or the
species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire
recreational licenses under RCW 77.32.010 or commercial licenses under
chapter 77.65 or 77.70 RCW, except name, address of contact used by the
department, and type of license, endorsement, or tag. However, the
department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and
wildlife resources;
(ii) The department of social and health services, child support
division, and to the department of licensing in order to implement RCW
77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm
possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before July 1,
2002, that have not been commingled with other recorded documents.
These records will be available only to the veteran, the veteran's next
of kin, a deceased veteran's properly appointed personal representative
or executor, a person holding that veteran's general power of attorney,
or to anyone else designated in writing by that veteran to receive the
records.
(ii) Discharge papers of a veteran of the armed forces of the
United States filed at the office of the county auditor before July 1,
2002, that have been commingled with other records, if the veteran has
recorded a "request for exemption from public disclosure of discharge
papers" with the county auditor. If such a request has been recorded,
these records may be released only to the veteran filing the papers,
the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's
general power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the
county auditor after June 30, 2002, are not public records, but will be
available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a
person holding the veteran's general power of attorney, or anyone else
designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of
deceased veterans have the same rights to full access to the record.
Next of kin are the veteran's widow or widower who has not remarried,
son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique
vulnerability assessments or specific and unique emergency and escape
response plans at a city, county, or state adult or juvenile
correctional facility, the public disclosure of which would have a
substantial likelihood of threatening the security of a city, county,
or state adult or juvenile correctional facility or any individual's
safety.
(ccc) Information compiled by school districts or schools in the
development of their comprehensive safe school plans pursuant to RCW
28A.320.125, to the extent that they identify specific vulnerabilities
of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of
computer and telecommunications networks, consisting of security
passwords, security access codes and programs, access codes for secure
software applications, security and service recovery plans, security
risk assessments, and security test results to the extent that they
identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public
inspection by the health care authority under RCW 41.05.026, whether
retained by the authority, transferred to another state purchased
health care program by the authority, or transferred by the authority
to a technical review committee created to facilitate the development,
acquisition, or implementation of state purchased health care under
chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that
relates to: (i) A vendor's unique methods of conducting business; (ii)
data unique to the product or services of the vendor; or (iii)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011.
(2)subsection (1)(c)(i) of
this section)) section 403(3)(a) of this act and confidential income
data exempted from public inspection pursuant to RCW 84.40.020, the
exemptions of this ((section)) chapter are inapplicable to the extent
that information, the disclosure of which would violate personal
privacy or vital governmental interests, can be deleted from the
specific records sought. No exemption may be construed to permit the
nondisclosure of statistical information not descriptive of any readily
identifiable person or persons.
(((3))) (2) Inspection or copying of any specific records exempt
under the provisions of this ((section)) chapter may be permitted if
the superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in interest
and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(((4))) (3) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of the
specific exemption authorizing the withholding of the record (or part)
and a brief explanation of how the exemption applies to the record
withheld.
NEW SECTION. Sec. 403 The following personal information is
exempt from public inspection and copying under this chapter:
(1) Personal information in any files maintained for students in
public schools, patients or clients of public institutions or public
health agencies, or welfare recipients;
(2) Personal information in files maintained for employees,
appointees, or elected officials of any public agency to the extent
that disclosure would violate their right to privacy;
(3) Information required of any taxpayer in connection with the
assessment or collection of any tax if the disclosure of the
information to other persons would (a) be prohibited to such persons by
RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (b) violate the
taxpayer's right to privacy or result in unfair competitive
disadvantage to the taxpayer; and
(4) Credit card numbers, debit card numbers, electronic check
numbers, card expiration dates, or bank or other financial account
numbers, except when disclosure is expressly required by or governed by
other law.
NEW SECTION. Sec. 404 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(2)(b);
(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; and
(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.
NEW SECTION. Sec. 405 The following employment and licensing
information is exempt from public inspection and copying under this
chapter:
(1) Test questions, scoring keys, and other examination data used
to administer a license, employment, or academic examination;
(2) All applications for public employment, including the names of
applicants, resumes, and other related materials submitted with respect
to an applicant;
(3) The residential addresses or residential telephone numbers of
employees or volunteers of a public agency that are held by any public
agency in personnel records, public employment related records, or
volunteer rosters, or are included in any mailing list of employees or
volunteers of any public agency;
(4) Information that identifies a person who, while an agency
employee: (a) Seeks advice, under an informal process established by
the employing agency, in order to ascertain his or her rights in
connection with a possible unfair practice under chapter 49.60 RCW
against the person; and (b) requests his or her identity or any
identifying information not be disclosed;
(5) Investigative records compiled by an employing agency
conducting a current investigation of a possible unfair practice under
chapter 49.60 RCW or of a possible violation of other federal, state,
or local laws prohibiting discrimination in employment; and
(6) Except as provided in RCW 47.64.220, salary and employee
benefit information collected under RCW 47.64.220(1) and described in
RCW 47.64.220(2).
NEW SECTION. Sec. 406 Except as provided by chapter 8.26 RCW,
the contents of real estate appraisals, made for or by any agency
relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the property
has been acquired or the property to which the sale appraisal relates
is sold, are exempt from disclosure under this chapter. In no event
may disclosure be denied for more than three years after the appraisal.
NEW SECTION. Sec. 407 The following financial, commercial, and
proprietary information is exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss;
(2) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (a) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (b) highway construction
or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by
private persons pertaining to export services provided under chapter
43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export
projects under RCW 43.23.035;
(4) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,
or during application for economic development loans or program
services provided by any local agency;
(5) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW;
(9) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010;
(10) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a liquor
license, gambling license, or lottery retail license;
(11) Proprietary data, trade secrets, or other information that
relates to: (a) A vendor's unique methods of conducting business; (b)
data unique to the product or services of the vendor; or (c)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011; and
(12)(a) When supplied to and in the records of the department of
community, trade, and economic development:
(i) Financial and proprietary information collected from any person
and provided to the department of community, trade, and economic
development pursuant to RCW 43.330.050(8) and 43.330.080(4); and
(ii) Financial or proprietary information collected from any person
and provided to the department of community, trade, and economic
development or the office of the governor in connection with the
siting, recruitment, expansion, retention, or relocation of that
person's business and until a siting decision is made, identifying
information of any person supplying information under this subsection
and the locations being considered for siting, relocation, or expansion
of a business;
(b) When developed by the department of community, trade, and
economic development based on information as described in (a)(i) of
this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means
the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to
the department of community, trade, and economic development from a
person connected with siting, recruitment, expansion, retention, or
relocation of that person's business, information described in (a)(ii)
of this subsection will be available to the public under this chapter.
NEW SECTION. Sec. 408 Preliminary drafts, notes,
recommendations, and intra-agency memorandums in which opinions are
expressed or policies formulated or recommended are exempt under this
chapter, except that a specific record is not exempt when publicly
cited by an agency in connection with any agency action.
NEW SECTION. Sec. 409 Records that are relevant to a controversy
to which an agency is a party but which records would not be available
to another party under the rules of pretrial discovery for causes
pending in the superior courts are exempt from disclosure under this
chapter.
NEW SECTION. Sec. 410 Records, maps, or other information
identifying the location of archaeological sites in order to avoid the
looting or depredation of such sites are exempt from disclosure under
this chapter.
NEW SECTION. Sec. 411 Any library record, the primary purpose of
which is to maintain control of library materials, or to gain access to
information, that discloses or could be used to disclose the identity
of a library user is exempt from disclosure under this chapter.
NEW SECTION. Sec. 412 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, 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.
NEW SECTION. Sec. 413 The following information relating to
public utilities and transportation is exempt from disclosure under
this chapter:
(1) Records filed with the utilities and transportation commission
or attorney general under RCW 80.04.095 that a court has determined are
confidential under RCW 80.04.095;
(2) The residential addresses and residential telephone numbers of
the customers of a public utility contained in the records or lists
held by the public utility of which they are customers, except that
this information may be released to the division of child support or
the agency or firm providing child support enforcement for another
state under Title IV-D of the federal social security act, for the
establishment, enforcement, or modification of a support order;
(3) The names, residential addresses, residential telephone
numbers, and other individually identifiable records held by an agency
in relation to a vanpool, carpool, or other ride-sharing program or
service; however, these records may be disclosed to other persons who
apply for ride-matching services and who need that information in order
to identify potential riders or drivers with whom to share rides;
(4) The personally identifying information of current or former
participants or applicants in a paratransit or other transit service
operated for the benefit of persons with disabilities or elderly
persons;
(5) The personally identifying information of persons who acquire
and use transit passes and other fare payment media including, but not
limited to, stored value smart cards and magnetic strip cards, except
that an agency may disclose this information to a person, employer,
educational institution, or other entity that is responsible, in whole
or in part, for payment of the cost of acquiring or using a transit
pass or other fare payment media, or to the news media when reporting
on public transportation or public safety. This information may also
be disclosed at the agency's discretion to governmental agencies or
groups concerned with public transportation or public safety;
(6) Records of any person that belong to a public utility district
or a municipally owned electrical utility, unless the law enforcement
authority provides the public utility district or municipally owned
electrical utility with a written statement in which the authority
states that it suspects that the particular person to whom the records
pertain has committed a crime and the authority has a reasonable belief
that the records could determine or help determine whether the
suspicion might be true. Information obtained in violation of this
subsection is inadmissible in any criminal proceeding; and
(7) Any information obtained by governmental agencies that is
collected by the use of a motor carrier intelligent transportation
system or any comparable information equipment attached to a truck,
tractor, or trailer; however, the information may be given to other
governmental agencies or the owners of the truck, tractor, or trailer
from which the information is obtained. As used in this subsection,
"motor carrier" has the same definition as provided in RCW 81.80.010.
NEW SECTION. Sec. 414 Membership lists or lists of members or
owners of interests of units in timeshare projects, subdivisions,
camping resorts, condominiums, land developments, or common-interest
communities affiliated with such projects, regulated by the department
of licensing, in the files or possession of the department are exempt
from disclosure under this chapter.
NEW SECTION. Sec. 415 (1) The federal social security number of
individuals governed under chapter 18.130 RCW maintained in the files
of the department of health is exempt from disclosure under this
chapter. The exemption in this section does not apply to requests made
directly to the department from federal, state, and local agencies of
government, and national and state licensing, credentialing,
investigatory, disciplinary, and examination organizations.
(2) The current residential address and current residential
telephone number of a health care provider governed under chapter
18.130 RCW maintained in the files of the department are exempt from
disclosure under this chapter, if the provider requests that this
information be withheld from public inspection and copying, and
provides to the department of health an accurate alternate or business
address and business telephone number. The current residential address
and residential telephone number of a health care provider governed
under RCW 18.130.040 maintained in the files of the department of
health shall automatically be withheld from public inspection and
copying unless the provider specifically requests the information be
released, and except as provided for under RCW 42.17.260(9) (as
recodified by this act).
NEW SECTION. Sec. 416 (1) The following health care information
is exempt from disclosure under this chapter:
(a) Information obtained by the board of pharmacy as provided in
RCW 69.45.090;
(b) Information obtained by the board of pharmacy or the department
of health and its representatives as provided in RCW 69.41.044,
69.41.280, and 18.64.420;
(c) Information and documents created specifically for, and
collected and maintained by a quality improvement committee under RCW
43.70.510 or 70.41.200, or by a peer review committee under RCW
4.24.250, regardless of which agency is in possession of the
information and documents;
(d)(i) Proprietary financial and commercial information that the
submitting entity, with review by the department of health,
specifically identifies at the time it is submitted and that is
provided to or obtained by the department of health in connection with
an application for, or the supervision of, an antitrust exemption
sought by the submitting entity under RCW 43.72.310;
(ii) If a request for such information is received, the submitting
entity must be notified of the request. Within ten business days of
receipt of the notice, the submitting entity shall provide a written
statement of the continuing need for confidentiality, which shall be
provided to the requester. Upon receipt of such notice, the department
of health shall continue to treat information designated under this
subsection (1)(d) as exempt from disclosure;
(iii) If the requester initiates an action to compel disclosure
under this chapter, the submitting entity must be joined as a party to
demonstrate the continuing need for confidentiality;
(e) Records of the entity obtained in an action under RCW 18.71.300
through 18.71.340;
(f) Except for published statistical compilations and reports
relating to the infant mortality review studies that do not identify
individual cases and sources of information, any records or documents
obtained, prepared, or maintained by the local health department for
the purposes of an infant mortality review conducted by the department
of health under RCW 70.05.170; and
(g) Complaints filed under chapter 18.130 RCW after July 27, 1997,
to the extent provided in RCW 18.130.095(1).
(2) Chapter 70.02 RCW applies to public inspection and copying of
health care information of patients.
NEW SECTION. Sec. 417 Client records maintained by an agency
that is a domestic violence program as defined in RCW 70.123.020 or
70.123.075 or a rape crisis center as defined in RCW 70.125.030 are
exempt from disclosure under this chapter.
NEW SECTION. Sec. 418 The following information relating to
agriculture and livestock is exempt from disclosure under this chapter:
(1) Business-related information under RCW 15.86.110;
(2) Information provided under RCW 15.54.362;
(3) Production or sales records required to determine assessment
levels and actual assessment payments to commodity boards and
commissions formed under chapters 15.24, 15.26, 15.28, 15.44, 15.65,
15.66, 15.74, 15.88, 15.100, and 16.67 RCW or required by the
department of agriculture to administer these chapters or the
department's programs;
(4) Consignment information contained on phytosanitary certificates
issued by the department of agriculture under chapters 15.13, 15.49,
and 15.17 RCW or federal phytosanitary certificates issued under 7
C.F.R. 353 through cooperative agreements with the animal and plant
health inspection service, United States department of agriculture, or
on applications for phytosanitary certification required by the
department of agriculture;
(5) Financial and commercial information and records supplied by
persons (a) to the department of agriculture for the purpose of
conducting a referendum for the potential establishment of a commodity
board or commission; or (b) to the department of agriculture or
commodity boards or commissions formed under chapter 15.24, 15.28,
15.44, 15.65, 15.66, 15.74, 15.88, 15.100, or 16.67 RCW with respect to
domestic or export marketing activities or individual producer's
production information;
(6) Except under RCW 15.19.080, information obtained regarding the
purchases, sales, or production of an individual American ginseng
grower or dealer;
(7) Information that can be identified to a particular business and
that is collected under section 3(1), chapter 235, Laws of 2002; and
(8) Financial statements provided under RCW 16.65.030(1)(d).
NEW SECTION. Sec. 419 Names of individuals residing in emergency
or transitional housing that are furnished to the department of revenue
or a county assessor in order to substantiate a claim for property tax
exemption under RCW 84.36.043 are exempt from disclosure under this
chapter.
NEW SECTION. Sec. 420 The following information relating to
insurance and financial institutions is exempt from disclosure under
this chapter:
(1) Records maintained by the board of industrial insurance appeals
that are related to appeals of crime victims' compensation claims filed
with the board under RCW 7.68.110;
(2) Information obtained and exempted or withheld from public
inspection by the health care authority under RCW 41.05.026, whether
retained by the authority, transferred to another state purchased
health care program by the authority, or transferred by the authority
to a technical review committee created to facilitate the development,
acquisition, or implementation of state purchased health care under
chapter 41.05 RCW;
(3) The names and individual identification data of all viators
regulated by the insurance commissioner under chapter 48.102 RCW;
(4) Information provided under RCW 48.30A.045 through 48.30A.060;
(5) Information provided under RCW 48.05.510 through 48.05.535,
48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600
through 48.46.625;
(6) Information gathered under chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business;
(7) Examination reports and information obtained by the department
of financial institutions from banks under RCW 30.04.075, from savings
banks under RCW 32.04.220, from savings and loan associations under RCW
33.04.110, from credit unions under RCW 31.12.565, from check cashers
and sellers under RCW 31.45.030(3), and from securities brokers and
investment advisers under RCW 21.20.100, all of which is confidential
and privileged information;
(8) Information provided to the insurance commissioner under RCW
48.110.040(3);
(9) Documents, materials, or information obtained by the insurance
commissioner under RCW 48.02.065, all of which are confidential and
privileged; and
(10) Confidential proprietary and trade secret information provided
to the commissioner under RCW 48.31C.020 through 48.31C.050 and
48.31C.070.
NEW SECTION. Sec. 421 Records maintained by the employment
security department and subject to chapter 50.13 RCW if provided to
another individual or organization for operational, research, or
evaluation purposes are exempt from disclosure under this chapter.
NEW SECTION. Sec. 422 The following information relating to
security is exempt from disclosure under this chapter:
(1) Those portions of records assembled, prepared, or maintained to
prevent, mitigate, or respond to criminal terrorist acts, which are
acts that significantly disrupt the conduct of government or of the
general civilian population of the state or the United States and that
manifest an extreme indifference to human life, the public disclosure
of which would have a substantial likelihood of threatening public
safety, consisting of:
(a) Specific and unique vulnerability assessments or specific and
unique response or deployment plans, including compiled underlying data
collected in preparation of or essential to the assessments, or to the
response or deployment plans; and
(b) Records not subject to public disclosure under federal law that
are shared by federal or international agencies, and information
prepared from national security briefings provided to state or local
government officials related to domestic preparedness for acts of
terrorism;
(2) Those portions of records containing specific and unique
vulnerability assessments or specific and unique emergency and escape
response plans at a city, county, or state adult or juvenile
correctional facility, the public disclosure of which would have a
substantial likelihood of threatening the security of a city, county,
or state adult or juvenile correctional facility or any individual's
safety;
(3) Information compiled by school districts or schools in the
development of their comprehensive safe school plans under RCW
28A.320.125, to the extent that they identify specific vulnerabilities
of school districts and each individual school;
(4) Information regarding the infrastructure and security of
computer and telecommunications networks, consisting of security
passwords, security access codes and programs, access codes for secure
software applications, security and service recovery plans, security
risk assessments, and security test results to the extent that they
identify specific system vulnerabilities; and
(5) The security section of transportation system safety and
security program plans required under RCW 35.21.228, 35A.21.300,
36.01.210, 36.57.120, 36.57A.170, and 81.112.180.
NEW SECTION. Sec. 423 The following information relating to fish
and wildlife is exempt from disclosure under this chapter:
(1) Commercial fishing catch data from logbooks required to be
provided to the department of fish and wildlife under RCW 77.12.047,
when the data identifies specific catch location, timing, or
methodology and the release of which would result in unfair competitive
disadvantage to the commercial fisher providing the catch data,
however, this information may be released to government agencies
concerned with the management of fish and wildlife resources;
(2) Sensitive wildlife data obtained by the department of fish and
wildlife, however, sensitive wildlife data may be released to
government agencies concerned with the management of fish and wildlife
resources. As used in this subsection, sensitive wildlife data
includes:
(a) The nesting sites or specific locations of endangered species
designated under RCW 77.12.020, or threatened or sensitive species
classified by rule of the department of fish and wildlife;
(b) Radio frequencies used in, or locational data generated by,
telemetry studies; or
(c) Other location data that could compromise the viability of a
specific fish or wildlife population, and where at least one of the
following criteria are met:
(i) The species has a known commercial or black market value;
(ii) There is a history of malicious take of that species; or
(iii) There is a known demand to visit, take, or disturb, and the
species behavior or ecology renders it especially vulnerable or the
species has an extremely limited distribution and concentration; and
(3) The personally identifying information of persons who acquire
recreational licenses under RCW 77.32.010 or commercial licenses under
chapter 77.65 or 77.70 RCW, except name, address of contact used by the
department, and type of license, endorsement, or tag; however, the
department of fish and wildlife may disclose personally identifying
information to:
(a) Government agencies concerned with the management of fish and
wildlife resources;
(b) The department of social and health services, child support
division, and to the department of licensing in order to implement RCW
77.32.014 and 46.20.291; and
(c) Law enforcement agencies for the purpose of firearm possession
enforcement under RCW 9.41.040.
NEW SECTION. Sec. 424 (1) Discharge papers of a veteran of the
armed forces of the United States filed at the office of the county
auditor before July 1, 2002, that have not been commingled with other
recorded documents are exempt from disclosure under this chapter.
These records will be available only to the veteran, the veteran's next
of kin, a deceased veteran's properly appointed personal representative
or executor, a person holding that veteran's general power of attorney,
or to anyone else designated in writing by that veteran to receive the
records.
(2) Discharge papers of a veteran of the armed forces of the United
States filed at the office of the county auditor before July 1, 2002,
that have been commingled with other records are exempt from disclosure
under this chapter, if the veteran has recorded a "request for
exemption from public disclosure of discharge papers" with the county
auditor. If such a request has been recorded, these records may be
released only to the veteran filing the papers, the veteran's next of
kin, a deceased veteran's properly appointed personal representative or
executor, a person holding the veteran's general power of attorney, or
anyone else designated in writing by the veteran to receive the
records.
(3) Discharge papers of a veteran filed at the office of the county
auditor after June 30, 2002, are not public records, but will be
available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a
person holding the veteran's general power of attorney, or anyone else
designated in writing by the veteran to receive the records.
(4) For the purposes of this section, next of kin of deceased
veterans have the same rights to full access to the record. Next of
kin are the veteran's widow or widower who has not remarried, son,
daughter, father, mother, brother, and sister.
NEW SECTION. Sec. 425 Information in an application for
licensing or a small loan endorsement under chapter 31.45 RCW regarding
the personal residential address, telephone number of the applicant, or
financial statement is exempt from disclosure under this chapter.
NEW SECTION. Sec. 426 All records obtained and all reports
produced as required by state fireworks law, chapter 70.77 RCW, are
exempt from disclosure under this chapter.
NEW SECTION. Sec. 427 All records, documents, data, and other
materials obtained under the requirements of RCW 72.09.115 from an
existing correctional industries class I work program participant or an
applicant for a proposed new or expanded class I correctional
industries work program are exempt from public disclosure under this
chapter.
NEW SECTION. Sec. 428 Information relating to the following
programs and reports, which have no ongoing activity, is exempt from
disclosure under this chapter:
(1) Railroad company contracts filed prior to July 28, 1991, with
the utilities and transportation commission under RCW 81.34.070, except
that the summaries of the contracts are open to public inspection and
copying as otherwise provided by this chapter;
(2) Personal information in files maintained in a data base created
under RCW 43.07.360; and
(3) Data collected by the department of social and health services
for the reports required by section 8, chapter 231, Laws of 2003,
except as compiled in the aggregate and reported to the senate and
house of representatives.
NEW SECTION. Sec. 429 The following acts or parts of acts are
each repealed:
(1) RCW 42.17.312 (Medical records -- Health care information) and
1991 c 335 s 902;
(2) RCW 42.17.313 (Application for license or small loan
endorsement under chapter 31.45 RCW -- Certain information exempt) and
1995 c 18 s 8 & 1991 c 355 s 22;
(3) RCW 42.17.314 (Electrical utility records, request by law
enforcement agency) and 1987 c 403 s 6;
(4) RCW 42.17.315 (Certain records obtained by colleges,
universities, libraries, or archives exempt) and 1975 1st ex.s. c 294
s 22;
(5) RCW 42.17.316 (Certain records of impaired physician program
exempt) and 2001 c 64 s 3, 1994 sp.s. c 9 s 726, & 1987 c 416 s 7;
(6) RCW 42.17.317 (Information on commercial fertilizer
distribution exempt) and 1987 c 45 s 15;
(7) RCW 42.17.318 (Information on concealed pistol licenses exempt)
and 1988 c 219 s 2;
(8) RCW 42.17.319 (Certain records of department of community,
trade, and economic development exempt) and 2001 c 87 s 1, 1999 c 150
s 1, 1993 c 280 s 36, & 1989 c 312 s 7;
(9) RCW 42.17.31901 (Identity of child victims of sexual assault
exempt) and 1992 c 188 s 6;
(10) RCW 42.17.31902 (Infant mortality review) and 1992 c 179 s 2;
(11) RCW 42.17.31903 (Identification of viators regulated by the
insurance commissioner exempt) and 1995 c 161 s 15;
(12) RCW 42.17.31904 (Insurance antifraud plans exempt) and 1995 c
285 s 15;
(13) RCW 42.17.31905 (Insurance information on certain material
transactions exempt) and 1995 c 86 s 25;
(14) RCW 42.17.31906 (Fireworks records exempt) and 1995 c 61 s 30;
(15) RCW 42.17.31907 (Agricultural business and commodity board and
commission records exempt) and 2002 c 313 s 66, 2001 c 314 s 18, & 1996
c 80 s 3;
(16) RCW 42.17.31908 (Business information gathered under certain
regulatory activities exempt) and 1996 c 102 s 1;
(17) RCW 42.17.31909 (American ginseng growers or dealers -- Certain
information exempt) and 1998 c 154 s 33 & 1996 c 188 s 6;
(18) RCW 42.17.31910 (Uniform Disciplinary Act complaints exempt)
and 1997 c 270 s 2;
(19) RCW 42.17.31911 (Examination reports and information from
financial institutions exempt) and 1997 c 258 s 1;
(20) RCW 42.17.31912 (Motor carrier information systems) and 1999
c 146 s 1;
(21) RCW 42.17.31913 (Marine employees salary surveys) and 1999 c
256 s 2;
(22) RCW 42.17.31914 (Rail fixed guideway system -- Safety and
security program plan) and 1999 c 202 s 8;
(23) RCW 42.17.31915 (Service contract providers -- Financial reports
exempt) and 1999 c 112 s 18;
(24) RCW 42.17.31916 (Insurance information) and 2001 c 57 s 2;
(25) RCW 42.17.31917 (Insurance information -- Proprietary or trade
secret) and 2001 c 179 s 14;
(26) RCW 42.17.31918 (Agriculture records exempt -- Apple merchants)
and 2002 c 235 s 4;
(27) RCW 42.17.31919 (Public livestock market information exempt)
and 2003 c 326 s 91;
(28) RCW 42.17.31920 (Department of social and health services
reports for section 8, chapter 231, Laws of 2003) and 2004 c 142 s 16;
and
(29) RCW 42.17.31921 (Correctional industries class I work program
information) and 2004 c 167 s 9.
NEW SECTION. Sec. 501 Part headings used in this act are not any
part of the law.
NEW SECTION. Sec. 502 This act takes effect July 1, 2006.
NEW SECTION. Sec. 503 Sections 1, 101, 102, and 403 through 428
of this act are each added to the new chapter created in section 103 of
this act.