The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
title-42•Title 42 RCW — Public Officers and Agencies
That no person shall be competent to qualify for or hold any elective public office within the state of Washington, or any county, district, precinct, school district, municipal corporation or other district or political subdivision, unless he or she be a citizen of the United States and state of Washington and an elector of such county, district, precinct, school district, municipality or other district or political subdivision.
[ 2012 c 117 s 94; 1919 c 139 s 1; RRS s 9929. FORMER PART OF SECTION: Code 1881 s 3050 codified as RCW 42.04.021. ]
NOTES:
Apple commission, qualifications of members: RCW 15.24.020.
Attorney general, qualifications: RCW 43.10.010.
Cities, council-manager plan, qualifications of city manager: RCW 35.18.040.
Cities and towns, residence qualifications of officials and employees: RCW 35.21.200.
County hospital board of trustees, eligibility: RCW 36.62.140.
Court administrator: RCW 2.56.010.
Court commissioners, qualifications: RCW 2.24.010.
Dairy products commission, members, qualifications: RCW 15.44.030.
Electors, qualifications: State Constitution Art. 6 s 1 (Amendment 5).
Engineers and land surveyors' board of registration, qualifications: RCW 18.43.030.
Fire protection district commissioners, qualifications: RCW 52.14.010.
Fish and wildlife commission members, qualifications: RCW 77.04.040.
Flood control districts, qualifications of governing board: RCW 85.38.070.
Fruit commission, qualifications of members: RCW 15.28.030.
Hardwoods commission, qualifications: RCW 15.74.010.
Honey bee commission, qualifications: RCW 15.62.060.
Horse racing commission, qualifications: RCW 67.16.012.
Judges of superior court, eligibility: State Constitution Art. 4 s 17.
Judges of supreme court, eligibility: State Constitution Art. 4 s 17.
Legislators, eligibility: State Constitution Art. 2 s 7; Art. 2 s 14.
Mosquito control district board members, qualifications: RCW 17.28.120.
Municipal court judges, qualifications: RCW 35.20.170.
Prosecuting attorney, eligibility: RCW 36.27.010.
Public utility district commissioners, qualifications: RCW 54.12.010.
Religious qualification to hold public office or employment prohibited: State Constitution Art. 1 s 11 (Amendment 4).
Residence for eligibility to public office: State Constitution Art. 6 s 4.
School directors, qualifications: RCW 28A.343.340.
School teachers, qualifications: RCW 28A.410.025, 28A.405.040.
State hospitals for individuals with mental illness, superintendents' powers: RCW 72.23.030.
State officers, eligibility: State Constitution Art. 3 s 25 (Amendment 31).
State schools for blind and deaf, qualifications of superintendents: RCW 72.40.020.
Superior court reporters, qualifications: RCW 2.32.180.
Towns, eligibility of officers: RCW 35.27.080.
Utilities and transportation commission, qualifications: RCW 80.01.020.
Veterinary board members, qualifications: RCW 18.92.021.
Weed district director and electors, qualifications: RCW 17.04.070.
Wine commission, qualifications: RCW 15.88.030.
The omission to specify or affirm in *this act any ground of forfeiture of a public office or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, shall not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension.
[ 1909 c 249 s 45; RRS s 2297. ]
NOTES:
*Reviser's note: The term "this act" relates to the criminal code of 1909. For disposition of sections, see note following RCW 9.01.120.
Forfeiture of office for conviction of felony or malfeasance: RCW 9.92.120.
Impeachment and removal: State Constitution Art. 5.
Recall of elective officers: State Constitution Art. 1 s 33 (Amendment 8); chapter 29A.56 RCW.
Except as provided in section 3, chapter 32, Laws of 2010 1st sp. sess., all state elective and appointive officers shall keep their offices open for the transaction of business for a minimum of forty hours per week, except weeks that include state legal holidays. Customary business hours must be posted on the agency or office's website and made known by other means designed to provide the public with notice.
[ 2010 1st sp.s. c 32 s 5; 2009 c 428 s 1; 1973 2nd ex.s. c 1 s 2; 1955 ex.s. c 9 s 3. Prior: 1951 c 100 ss 3, 4; 1941 c 113 s 1; Rem. Supp. 1941 s 9963-1. ]
NOTES:
Intent—2010 1st sp.s. c 32: "The legislature declares that unprecedented revenue shortfalls necessitate immediate action to reduce expenditures during the 2009-2011 fiscal biennium. From April 27, 2010, it is the intent of the legislature that state agencies of the legislative branch, judicial branch, and executive branch including institutions of higher education, shall achieve a reduction in government operating expenses as provided in this act. It is the legislature's intent that, to the extent that the reductions in expenditures reduce compensation costs, agencies and institutions shall strive to preserve family-wage jobs by reducing the impact of temporary layoffs on lower-wage jobs." [ 2010 1st sp.s. c 32 s 1.]
Conflict with federal requirements—2010 1st sp.s. c 32: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2010 1st sp.s. c 32 s 11.]
Effective date—2010 1st sp.s. c 32: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 27, 2010]." [ 2010 1st sp.s. c 32 s 13.]
Office hours of city, county, precinct: RCW 35.21.175, 36.16.100.
That the directors, trustees and commissioners of state institutions in this state, serving as such without any compensation, shall not be precluded by reason of holding such offices from receiving compensation for services not official rendered without being procured or brought about by use of such official position, or by reason thereof, but such officers shall be allowed to receive such reasonable compensation for services not official or connected with their respective offices as they would otherwise be allowed were they not such officers.
[ 1891 c 109 s 1; RRS s 10966. ]
See RCW 48.28.040.
The official bond of a public officer, to the state, or to any county, city, town or other municipal or public corporation of like character therein, shall be deemed a security to the state, or to such county, city, town or other municipal or public corporation, as the case may be, and also to all persons severally, for the official delinquencies against which it is intended to provide.
[ Code 1881 s 652; 1877 p 135 s 655; 1869 p 152 s 592; RRS s 958. ]
NOTES:
Bonds payable to state: RCW 42.08.060.
When a public officer by official misconduct or neglect of duty, shall forfeit his or her official bond or render his or her sureties therein liable upon such bond, any person injured by such misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action at law thereon in his or her own name against the officer and his or her sureties to recover the amount to which he or she may by reason thereof be entitled.
[ 2012 c 117 s 95; Code 1881 s 653; 1877 p 135 s 656; 1869 p 152 s 593; RRS s 959. ]
NOTES:
Action on official bond: RCW 42.08.080.
Before an action can be commenced by a plaintiff, other than the state, or the municipal or public corporation named in the bond, leave shall be obtained of the court or judge thereof where the action is triable. Such leave shall be granted upon the production of a certified copy of the bond and an affidavit of the plaintiff, or some person in his or her behalf, showing the delinquency. But if the matter set forth in his or her affidavit be such that, if true, the party applying would clearly not be entitled to recover in the action, the leave shall not be granted. If it does not appear from the complaint that the leave herein provided for has been granted, the defendant, on motion, shall be entitled to judgment of nonsuit; if it does, the defendant may controvert the allegation, and if the issue be found in his or her favor, judgment shall be given accordingly.
[ 2012 c 117 s 96; Code 1881 s 654; 1877 p 136 s 657; 1869 p 152 s 594; RRS s 960. ]
A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same bond for another delinquency.
[ Code 1881 s 655; 1877 p 136 s 658; 1869 p 153 s 595; RRS s 961. ]
In an action upon an official bond, if judgments have been recovered against the surety therein other than by confession, equal in the aggregate to the penalty or any part thereof of such bond, and if such recovery be established on the trial, judgment shall not be given against such surety for an amount exceeding such penalty, or such portion thereof as is not already recovered against him or her.
[ 2012 c 117 s 97; Code 1881 s 656; 1877 p 136 s 659; 1869 p 153 s 596; RRS s 962. ]
NOTES:
Liability of sureties: RCW 42.08.170.
All official bonds required by law of officers shall be in form, joint and several, and made payable to the state of Washington, in such penal sum and with such conditions as may be required by law.
[ 1890 p 34 s 1; RRS s 9930. ]
NOTES:
Bonds deemed security to state, county, city, town, etc.: RCW 42.08.010.
County commissioner bond is payable to county: RCW 36.32.060.
Every official bond executed by any officer pursuant to law shall be deemed and taken to be in force, and shall be obligatory upon the principal and sureties therein for any and all breach of the condition or conditions thereof committed during the time such officer shall continue to discharge any of the duties of, or hold such office, and every such bond shall be deemed to be in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of such officer by any law enacted subsequent to the execution of such bond, and such condition shall be expressed therein.
[ 1890 p 34 s 2; RRS s 9931. ]
Every official bond executed by any officer pursuant to law, shall be in force and obligatory upon the principal and sureties therein, to and for the state of Washington, and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer, in his official capacity, and any person so injured or aggrieved may bring suit on such bond in his or her own name without an assignment thereof.
[ 1890 p 34 s 3; RRS s 9932. ]
NOTES:
Action on official bond: RCW 42.08.020.
Whenever any such official bond shall not contain the substantial matter or condition or conditions required by law, or there shall be any defect in the approval or filing thereof, such bond shall not be void so as to discharge such officer and his or her sureties, but they shall be bound to the state, or party interested, and the state or such party may, by action instituted in any court of competent jurisdiction, suggest the defect of such bond or such approval or filing, and recover his or her proper and equitable demand or damages from such officer, and the person or persons, who intended to become, and were included in such bond as sureties.
[ 2012 c 117 s 98; 1890 p 35 s 4; RRS s 9933. ]
The official bonds of officers shall be approved and filed as follows, to wit: The official bond of the secretary of state shall be approved by the governor and filed in the office of the state auditor. The official bonds of all other state officers required by law to give bonds, except as otherwise expressly provided by law, shall be approved by the governor and filed in the office of the secretary of state.
The official bonds of all county and township officers, except the county superintendent of schools, shall be approved by the board of county commissioners, if in session, and if not in session, by the chair of such board, and filed and recorded in the office of the county clerk of their respective counties: PROVIDED, That the bond of the county clerk shall be recorded in the office of the county auditor and filed in the office of the county treasurer.
[ 2012 c 117 s 99; 1955 c 157 s 11. Prior: 1890 p 35 s 5; RRS s 9934. ]
NOTES:
Contractor's bonds: Chapter 39.08 RCW.
Official bonds—Payment of premiums: RCW 48.28.040.
Surety insurance: Chapter 48.28 RCW.
Whenever the sureties, or any one of them, in the official bond of any county or township officer shall die, remove from the state, become insolvent or insufficient, or the penalty of such bond shall become insufficient, on account of recoveries had thereon, or otherwise, it shall be the duty of the board of county commissioners of the proper county, of their own motion, or on the showing of any person, supported by affidavit, to summon any such officer to appear before them at a stated time, not less than five days after service of such summons, and show cause why he or she should not execute an additional official bond with good and sufficient sureties.
[ 2012 c 117 s 100; 1890 p 35 s 6; RRS s 9935. ]
Should such officer, after due notice, fail to appear at the time appointed, the matter may be heard and determined in his or her absence; if after examination the board of county commissioners shall be of opinion that the bond of such officer has become insufficient from any cause whatever, they shall require an additional bond with such security as may be deemed necessary, which said additional bond shall be executed and filed within such time as the board of county commissioners may order; and if any such officer shall fail to execute and file such additional bond within the time prescribed by such order, his or her office shall become vacant.
[ 2012 c 117 s 101; 1890 p 36 s 7; RRS s 9936. ]
NOTES:
Failure to give or renew official bond a cause for vacation of office: RCW 42.12.010.
Whenever the official bond of any state officer shall become insufficient from any cause whatever, the like proceedings may be had before the superior court of the county in which said state officer holds his or her office with reference thereto: PROVIDED, That such proceedings may be commenced by a written motion supported by affidavit.
[ 2012 c 117 s 102; 1890 p 36 s 8; RRS s 9937. ]
Every such additional bond shall be of like force and obligation upon the principal and sureties therein, and shall subject the officer and his or her sureties to the same liabilities as are prescribed respecting the original bonds of officers.
[ 2012 c 117 s 103; 1890 p 36 s 9; RRS s 9938. ]
Unless otherwise expressly provided, there shall be at least two sureties upon the official bond of every officer.
[ 1890 p 36 s 10; RRS s 9939. ]
NOTES:
Corporate sureties: Chapter 48.28 RCW.
In all cases where official bonds are required or may be hereafter required, from state, county, township, or precinct officers, the officer or officers whose duty it is or may be to approve such bonds, shall not accept or approve any such bonds except such bond be that of a surety company, unless the sureties thereon shall severally justify before an officer authorized to administer oaths as follows: (1) On a bond given by a state or county officer that he or she is a resident and freeholder within this state, and on a bond given by a township or precinct officer that he or she is a resident and freeholder within the county in which such township or precinct is situated. (2) That he or she is worth double the amount for which he or she becomes surety over and above all his or her debts and liabilities, in property situated within this state which is not exempt from seizure and sale under execution.
[ 2012 c 117 s 104; 1901 c 14 s 1; 1890 p 36 s 11; RRS s 9940. ]
NOTES:
Qualification of individual sureties: RCW 19.72.030.
When the penal sum of any bond amounts to more than two thousand dollars, the sureties may become severally liable for portions, not less than five hundred dollars, of such penal sum, making in the aggregate at least two sureties for the whole penal sum.
[ 1890 p 37 s 12; RRS s 9941. ]
NOTES:
Recoveries limited to amount of bond: RCW 42.08.050.
Release of sureties (1937 act), see chapter 19.72 RCW.
Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) The resignation of the incumbent. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) The removal of the incumbent;
(4) Except as provided in *RCW 3.46.067 and 3.50.057, the incumbent ceasing to be a legally registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which the incumbent shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which the incumbent shall have been elected or appointed;
(5) The incumbent's conviction of a felony, or of any offense involving a violation of the incumbent's official oath;
(6) The incumbent's refusal or neglect to take their oath of office, or to give or renew their official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void the incumbent's election or appointment;
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of their official bond; or
(9) Whenever an elected law enforcement official does not maintain certification as required under chapter 43.101 RCW, has been decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office.
[ 2026 c 258 s 12; 1994 c 223 s 2; 1993 c 317 s 9; 1981 c 180 s 4; Code 1881 s 3063; 1866 p 28 s 2; RRS s 9950. ]
NOTES:
*Reviser's note: RCW 3.46.067 was repealed by 2008 c 227 s 12, effective July 1, 2008.
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.
Effective date—1994 c 223 s 2: "(1) Section 2 of this act shall take effect January 1, 1995.
(2) *Section 20 of this act shall take effect July 1, 1994." [ 1994 c 223 s 94.]
*Reviser's note: The governor vetoed 1994 c 233 s 20.
Severability—Effective date—1993 c 317: See notes following RCW 3.50.810.
Severability—1981 c 180: See note following RCW 42.12.040.
Resignations shall be made as follows: By the state officers and members of the legislature, to the governor; by all county officers, to the county commissioners of their respective counties; by all other officers, holding their offices by appointment, to the body, board or officer that appointed them.
[ Code 1881 s 3062; 1865 p 28 s 1; RRS s 9949. ]
NOTES:
Appointments to fill vacancies: State Constitution Art. 2 s 15 (Amendment 32).
Whenever any officer resigns his or her office before the expiration of his or her term, or the office becomes vacant from any other cause, and at a subsequent special election such vacancy is filled, the person so elected to fill such vacancy shall hold office for the remainder of the unexpired term.
[ 2012 c 117 s 105; 1981 c 180 s 5; Code 1881 s 3066; 1866 p 30 s 6; RRS s 9951. ]
NOTES:
Severability—1981 c 180: See note following RCW 42.12.040.
(1) If a vacancy occurs in any partisan elective office in the executive or legislative branches of state government or in any partisan county elective office before the first day of the regular filing period, the position must be open for filing during the regular filing period as provided in RCW 29A.24.171 and a successor shall be elected at the general election. Except during the last year of the term of office, if such a vacancy occurs on or after the first day of the regular filing period, the election of the successor shall occur at the next succeeding general election as provided in RCW 29A.24.171. The elected successor shall hold office for the remainder of the unexpired term. This section shall not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.
(2) If a vacancy occurs in any legislative office or in any partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected.
[ 2013 c 11 s 88; 2011 c 349 s 27. Prior: 2006 c 344 s 29; 2005 c 2 s 15 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 238 s 4; 2002 c 108 s 2; 1981 c 180 s 1. ]
NOTES:
Effective date—2011 c 349 ss 10-12, 27, 28, and 30: See note following RCW 29A.24.171.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Short title—Intent—Contingent effective date—2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.
Contingent effective date—2003 c 238: See note following RCW 36.16.110.
Severability—1981 c 180: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1981 c 180 s 6.]
County office, appointment of acting official: RCW 36.16.115.
A vacancy on an elected nonpartisan governing body of a qualifying special purpose district, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the qualifying special purpose district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or qualifying special purpose district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or qualifying special purpose district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or qualifying special purpose district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
(7) For purposes of this section, "qualifying special purpose district" means a fire protection district created under chapter 52.02 RCW with assessed values under $5,000,000,000 and a regional fire protection service authority created under chapter 52.26 RCW with assessed values under $5,000,000,000.
[ 2023 c 369 s 1; 2013 c 11 s 89; 2011 c 349 s 28; 1994 c 223 s 1. ]
NOTES:
Effective date—2011 c 349 ss 10-12, 27, 28, and 30: See note following RCW 29A.24.171.
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote or that is not a qualifying special purpose district defined in RCW 42.12.070, shall be filled as follows unless the provisions of law relating to the special purpose district provide otherwise:
(1) After a vacancy occurs, the remaining members of the governing body must nominate at least one candidate at a meeting of the governing body. The governing body must then cause notice of the vacancy and the name of the nominated candidate or candidates to be posted in three public places in the special purpose district, including on the district's website if the district has a website, for a minimum of 15 days. During the notice period, registered voters who reside in the special purpose district may submit nominations to the remaining members of the governing body.
(2) After the notice period described in subsection (1) of this section, the remaining members of the governing body shall appoint a qualified person to fill the vacant position from the candidates nominated by either the governing body or the public at a meeting of the governing body.
(3) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions under the nomination process described in subsection (1) of this section, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position under the nomination process described in subsection (1) of this section, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(4) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the special purpose district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(5) If a governing body fails to appoint a qualified person to fill a vacancy within 90 days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the special purpose district is located shall appoint a qualified person to fill the vacancy.
(6) If the county legislative authority of the county fails to appoint a qualified person within 180 days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the special purpose district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(7) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
[ 2023 c 369 s 2. ]
Unless otherwise clearly required by the context, the following definitions apply:
(1) "Attack" means any acts of aggression taken against the United States causing substantial damage or injury to persons or property in the United States and in the state of Washington.
(2)(a) "Catastrophic incident" means any natural or human-caused incident, including terrorism and enemy attack, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, or government functions.
(b) "Catastrophic incident" does not include an event resulting from individuals exercising their rights, under the first amendment, of freedom of speech, and of the people to peaceably assemble.
(3) "Emergency or disaster" means an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (b) reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency pursuant to RCW 43.06.010.
(4) "Unavailable" means either that a vacancy in the office exists or that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office following a catastrophic incident and a proclamation of existing emergency by the governor or his or her successor.
[ 2019 c 471 s 4; 2012 c 117 s 106; 1963 c 203 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Contingent effective date—2019 c 471 ss 4-10: "Sections 4 through 10 of this act take effect if the proposed amendment to Article II, section 42 of the state Constitution providing governmental continuity during emergency periods resulting from a catastrophic incident (House Joint Resolution No. 4200 or Senate Joint Resolution No. 8200) is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, sections 4 through 10 of this act are void in their entirety." [ 2019 c 471 s 11.] Senate Joint Resolution No. 8200 was approved and ratified by the voters at the November 5, 2019, general election.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
(1) In the event that all successors to the office of governor as provided by Article 3, section 10, as amended by amendment 6 of the Constitution of the state of Washington are unavailable following a catastrophic incident, the powers and duties of the office of governor shall be exercised and discharged by the speaker of the house of representatives.
(2) In the event the speaker of the house is unavailable, the powers and duties of the office of governor shall be exercised and discharged by the president pro tem of the senate.
(3) In the event that neither the speaker nor the president pro tem is available, the house of representatives and the senate in joint assembly shall elect an emergency interim governor.
[ 2019 c 471 s 5; 1963 c 203 s 3. ]
NOTES:
Contingent effective date—2019 c 471 ss 4-10: See note following RCW 42.14.010.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
In the event that a catastrophic incident reduces the number of legislators available for duty, then those legislators available for duty shall constitute the legislature and shall have full power to act in separate or joint assembly by majority vote of those present. In the event of a catastrophic incident, (1) quorum requirements for the legislature shall be suspended, and (2) where the affirmative vote of a specified proportion of members for approval of a bill, resolution, or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient. In the event of a catastrophic incident, the governor shall call the legislature into session as soon as practicable, and in any case within thirty days following the inception of the catastrophic incident. If the governor fails to issue such call, the legislature shall, on the thirtieth day from the date of inception of the catastrophic incident, automatically convene at the place where the governor then has his or her office. Each legislator shall proceed to the place of session as expeditiously as practicable. At such session or at any session in operation at the inception of the catastrophic incident, and at any subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.
[ 2019 c 471 s 6; 2012 c 117 s 107; 1963 c 203 s 4. ]
NOTES:
Contingent effective date—2019 c 471 ss 4-10: See note following RCW 42.14.010.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
Whenever, in the judgment of the governor, it becomes impracticable, due to an emergency resulting from a catastrophic incident, to convene the legislature in the usual seat of government at Olympia, the governor may call the legislature into emergency session in any location within this or an adjoining state. The first order of business of any legislature so convened shall be the establishment of temporary emergency seats of government for the state. After any emergency relocation, the affairs of state government shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.
[ 2019 c 471 s 7; 1969 ex.s. c 106 s 1. ]
NOTES:
Contingent effective date—2019 c 471 ss 4-10: See note following RCW 42.14.010.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
In the event that a catastrophic incident reduces the number of county commissioners of any county, then those commissioners available for duty shall have full authority to act in all matters as a board of county commissioners. In the event no county commissioner is available for duty, then those elected county officials, except for the members of the county board of education, as are available for duty shall jointly act as the board of county commissioners and shall possess by majority vote the full authority of the board of county commissioners.
[ 2019 c 471 s 8; 1963 c 203 s 5. ]
NOTES:
Contingent effective date—2019 c 471 ss 4-10: See note following RCW 42.14.010.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
In the event that the executive head of any city or town is unavailable by reason of a catastrophic incident to exercise the powers and discharge the duties of the office, then those members of the city or town council or commission available for duty shall by majority vote select one of their number to act as the executive head of such city or town. In the event that a catastrophic incident reduces the number of city or town councilmembers or commission members, then those members available for duty shall have full power to act by majority vote of those present.
[ 2019 c 471 s 9; 1981 c 213 s 8; 1963 c 203 s 6. ]
NOTES:
Contingent effective date—2019 c 471 ss 4-10: See note following RCW 42.14.010.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
The governor shall, subject to such rules and regulations as he or she may adopt, permit each appointed officer of the state to designate temporary interim successors to the office of such officer.
[ 2012 c 117 s 108; 1963 c 203 s 7. ]
The legislative authority of each political subdivision, subject to the provisions of this chapter, shall adopt rules and regulations providing for appointment of temporary interim successors to the elected and appointed offices of the political subdivisions.
[ 1963 c 203 s 8. ]
Whenever, due to a catastrophic incident, or when such an event is imminent, it becomes imprudent, inexpedient, or impossible to conduct the affairs of a political subdivision at the regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.
[ 2019 c 471 s 10; 1969 ex.s. c 106 s 2. ]
NOTES:
Contingent effective date—2019 c 471 ss 4-10: See note following RCW 42.14.010.
Finding—Intent—2019 c 471: See note following RCW 38.52.010.
This act shall be known as the "continuity of government act."
[ 1963 c 203 s 1. ]
(1) Except as provided otherwise in subsections (2) and (3) of this section, all state officers and employees shall be paid for services rendered from the first day of the month through the fifteenth day of the month and for services rendered from the sixteenth day of the month through the last calendar day of the month. Paydates for these two pay periods shall be established by the director of financial management through the administrative hearing process and the official paydates shall be established six months prior to the beginning of each subsequent calendar year. Under no circumstance shall the paydate be established more than ten days after the pay period in which the wages are earned except when the designated paydate falls on Sunday, in which case the paydate shall not be later than the following Monday.
(2) Except as provided by subsection (3) of this section, payment shall be deemed to have been made by the established paydates if: (a) The salary warrant is available at the geographic work location at which the warrant is normally available to the employee; or (b) the salary has been electronically transferred into the employee's account at the employee's designated financial institution; or (c) the salary warrants are mailed at least two days before the established paydate for those employees engaged in work in remote or varying locations from the geographic location at which the payroll is prepared, provided that the employee has requested payment by mail.
The office of financial management shall develop the necessary policies and operating procedures to assure that all remuneration for services rendered including basic salary, shift differential, standby pay, overtime, penalty pay, salary due based on contractual agreements, and special pay provisions, as provided for by law, agency policy or rule, or contract, shall be available to the employee on the designated paydate. Overtime, penalty pay, and special pay provisions may be paid by the next following paydate if the postponement of payment is attributable to: The employee's not making a timely or accurate report of the facts which are the basis for the payment, or the employer's lack of reasonable opportunity to verify the claim.
Compensable benefits payable because of separation from state service shall be paid with the earnings for the final period worked unless the employee separating has not provided the agency with the proper notification of intent to terminate.
One-half of the employee's basic monthly salary shall be paid in each pay period. Employees paid on an hourly basis or employees who work less than a full pay period shall be paid for actual salary earned.
(3)(a) Subsection (2) of this section does not apply to state officers and employees whose appointment to state service begins July 1, 2023, or thereafter. For state officers and employees whose appointment to state service begins July 1, 2023, or thereafter, payment for salaries must be made by electronic funds transfer. Payment will be deemed to have been made by the established paydate if the electronic funds transfer has been executed.
(b) For purposes of this subsection (3), electronic funds transfer means the electronic transfer of funds into an account at the officer's or employee's designated financial institution or the funds are loaded onto a payroll card.
(4) Subsections (1), (2), and (3) of this section shall not apply in instances where it would conflict with contractual rights or, with the approval of the office of financial management, to short-term, intermittent, noncareer state employees, to student employees of institutions of higher education, and to national or state guard members participating in state active duty. The University of Washington is not subject to the requirements of subsection (3) of this section until July 1, 2025.
(5) When a national or state guard member is called to participate in state active duty, the paydate shall be no more than seven days following completion of duty or the end of the pay period, whichever is first. When the seventh day falls on Sunday, the paydate shall not be later than the following Monday. This subsection shall apply only to the pay a national or state guard member receives from the military department for state active duty.
(6) Notwithstanding subsections (1) and (2) of this section, a bargained contract at an institution of higher education may include a provision for paying part-time academic employees on a pay schedule that coincides with all the paydays used for full-time academic employees.
(7)(a) Notwithstanding subsections (1), (2), and (6) of this section, an institution of higher education as defined in RCW 28B.10.016 may pay its employees for services rendered biweekly, in pay periods consisting of two consecutive seven calendar-day weeks. The paydate for each pay period shall be seven calendar days after the end of the pay period. Under no circumstance may the paydate be established more than seven days after the pay period in which the wages are earned except that when the designated paydate falls on a holiday, the paydate shall not be later than the following Monday.
(b) Employees on a biweekly payroll cycle under this subsection (7) who are paid a salary may receive a prorated amount of their annualized salary each pay period. The prorated amount must be proportional to the number of pay periods worked in the calendar year. Employees on a biweekly payroll cycle under this subsection (7) who are paid hourly, or who work less than a full pay period may be paid the actual salary amount earned during the pay period.
(c) Each institution that adopts a biweekly pay schedule under this subsection (7) must establish, publish, and notify the director of the office of financial management of the official paydates six months before the beginning of each subsequent calendar year.
(8) Notwithstanding subsections (1), (2), and (6) of this section, academic employees at institutions of higher education as defined in RCW 28B.10.016 whose employment appointments are less than twelve months may have their salaries prorated in such a way that coincides with the paydays used for full-time employees.
[ 2023 c 148 s 2; 2014 c 162 s 2; 2011 1st sp.s. c 43 s 446; 2008 c 186 s 1; 2004 c 56 s 1; 1993 c 281 s 42; 1983 1st ex.s. c 28 s 1; 1979 c 151 s 68; 1969 c 59 s 1; 1967 ex.s. c 25 s 1; 1891 c 130 s 1; RRS s 10965. ]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1993 c 281: See note following RCW 41.06.022.
Application—1983 1st ex.s. c 28: "This act applies to pay periods beginning January 1, 1984." [ 1983 1st ex.s. c 28 s 8.]
Effective date—1967 ex.s. c 25: "This 1967 amendatory act shall take effect July 1, 1967: PROVIDED, That the budget director may by regulation postpone the operation of the act for any reasonable time, not extending beyond the 1967-1969 biennium, to facilitate an orderly transition in state payroll procedures." [ 1967 ex.s. c 25 s 9.] "Budget director" redesignated "director of financial management."
A state payroll revolving account is created in the state treasury, for the payment of compensation to employees and officers of the state and distribution of all amounts withheld therefrom pursuant to law and amounts authorized by employees to be withheld pursuant to law; also for the payment of the state's contributions for retirement and insurance and other employee benefits: PROVIDED, That the utilization of the state payroll revolving account shall be optional except for agencies whose payrolls are prepared under a centralized system established pursuant to regulations of the director of financial management.
[ 2012 c 198 s 20; 1985 c 57 s 25; 1981 c 9 s 1; 1979 c 151 s 69; 1969 c 59 s 2; 1967 ex.s. c 25 s 2. ]
NOTES:
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Effective date—1985 c 57: See note following RCW 18.04.105.
Transfer from state payroll revolving fund: "All moneys in the state treasury to the credit of the state payroll revolving fund shall be transferred on the effective date of this act to the state payroll revolving account." [ 1981 c 9 s 7.] The effective date of 1981 c 9 was February 27, 1981.
The amounts to be disbursed from the state payroll revolving account from time to time on behalf of agencies utilizing such account shall be transferred thereto by the state treasurer from appropriated funds properly chargeable with the disbursement for the purposes set forth in RCW 42.16.011, on or before the day prior to scheduled disbursement.
[ 2012 c 198 s 21; 1981 c 9 s 2; 1967 ex.s. c 25 s 3. ]
NOTES:
Effective date—2012 c 198: See note following RCW 70A.15.5110.
The state treasurer shall make such transfers to the state payroll revolving account in the amounts to be disbursed as certified by the respective agencies: PROVIDED, That if the payroll is prepared on behalf of an agency from data authenticated and certified by the agency under a centralized system established pursuant to regulation of the director of financial management, the state treasurer shall make the transfer upon the certification of the head of the agency preparing the centralized payroll or his or her designee.
[ 2012 c 117 s 109; 1981 c 9 s 3; 1979 c 151 s 70; 1969 c 59 s 3; 1967 ex.s. c 25 s 4. ]
Disbursements from the revolving account and fund created by RCW 42.16.010 through 42.16.017 shall be by warrant in accordance with the provisions of RCW 43.88.160: PROVIDED, That when the payroll is prepared under a centralized system established pursuant to regulations of the director of financial management, disbursements on behalf of the agency shall be certified by the head of the agency preparing the centralized payroll or his or her designee: PROVIDED FURTHER, That disbursements from a centralized paying agency representing amounts withheld, and/or contributions, for payment to any individual payee on behalf of several agencies, may be by single warrant representing the aggregate amounts payable by all such agencies to such payee. The procedure for disbursement and certification of these aggregate amounts shall be established by the director of financial management.
All payments to employees or other payees, from the revolving account and fund created by RCW 42.16.010 through 42.16.017, whether certified by an agency or by the director of financial management on behalf of such agency, shall be made wherever possible by a single warrant reflecting on its face the amount charged to each revolving account and fund.
[ 2012 c 117 s 110; 1981 c 9 s 4; 1979 c 151 s 71; 1969 c 59 s 4; 1967 ex.s. c 25 s 5. ]
All amounts increasing the balance in the state payroll revolving account, as a result of the cancellation of warrants issued therefrom shall be transferred by the state treasurer to the fund from which the canceled warrant would originally have been paid except for the provisions of RCW 42.16.010 through 42.16.017.
[ 1981 c 9 s 5; 1967 ex.s. c 25 s 6. ]
The director of financial management shall adopt the necessary policies and procedures to implement RCW 42.16.010 through 42.16.017, including the establishment of paydates. Such paydates shall conform to RCW 42.16.010. The director of financial management shall have approval over all agency and state payroll systems and shall determine the payroll systems to be used by state agencies to ensure the implementation of RCW 42.16.010 and 41.04.232: PROVIDED, That for purposes of the central personnel payroll system, the provisions of RCW 41.07.020 shall apply.
[ 1998 c 245 s 45; 1983 1st ex.s. c 28 s 6; 1979 c 151 s 72; 1967 ex.s. c 25 s 8. ]
NOTES:
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.
No state, county, municipal, or other public officer within the state of Washington, who receives from the state, or from any county or municipality therein, a fixed and stated salary as compensation for services rendered as such public officer shall be allowed or paid any per diem for attending or testifying on behalf of the state of Washington, or any county or municipality therein, at any trial or other judicial proceeding, in any state, county, or municipal court within this state; nor shall such officer, in any case, be allowed nor paid any per diem for attending or testifying in any state or municipal court of this state, in regard to matters and information that have come to his or her knowledge in connection with and as a result of the performance of his or her duties as a public officer as aforesaid: PROVIDED, This section shall not apply when any deduction shall be made from the regular salary of such officer by reason of his or her being in attendance upon the superior court, but in such cases regular witness fees shall be paid; and further, that if a public officer be subpoenaed and required to appear or testify in judicial proceedings in a county other than that in which he or she resides, then said public officer shall be entitled to receive per diem and mileage as provided by statute in other cases; and, PROVIDED FURTHER, That this section shall not apply to police officers when called as witnesses in the superior courts during hours when they are off duty as such officers. A law enforcement officer who has issued a notice of traffic infraction is not entitled to receive witness fees or mileage in a contested traffic infraction case.
[ 2012 c 117 s 111; 1981 c 19 s 3; 1903 c 10 s 1; 1901 c 101 s 1; RRS s 499. ]
NOTES:
Severability—1981 c 19: See note following RCW 46.63.020.
All officers enumerated in *this section, who are paid a salary in lieu of fees, shall collect the fees herein prescribed for the use of the state or county, as the case may be, and shall pay the same into the state or county treasury, as the case may be, on the first Monday of each month.
[ 1907 c 56 s 1, part; RRS s 4217. Prior: 1903 c 151 s 1, part; 1893 c 130 s 1, part. ]
NOTES:
*Reviser's note: The term "this section" refers to 1907 c 56 s 1, of which RCW 42.16.030 is but a part. The other parts of 1907 c 56 s 1, as amended, are codified as RCW 2.32.070 (supreme court clerk's fees), 2.40.010 (witnesses' fees), 36.18.020 (superior court clerks' fees), 36.18.040 (sheriff's fees), 36.18.010 (county auditor's fees), 36.18.030 (county coroner's fees), 2.36.150 (jurors' fees), 3.16.100 (constables' fees), and 42.28.090 (notaries' fees).
Daily remittance of moneys to state treasury required: RCW 43.01.050.
All fees are invariably due in advance where demanded by the officer required to perform any official act, and no officer shall be required to perform any official act unless his or her fees are paid when he or she demands the same: PROVIDED, This section shall not apply when the officer performs any official act for his or her county or the state.
[ 2012 c 117 s 112; Code 1881 s 2099; 1869 p 374 s 21; RRS s 505. Formerly codified as RCW 42.04.050. ]
NOTES:
County officers, fees payable in advance: RCW 36.18.060.
County sheriff, demand of fees payable in advance: RCW 36.28.040.
Every public officer who, for any reward, consideration, or gratuity paid or agreed to be paid, shall, directly or indirectly, grant to another the right or authority to discharge any function of his or her office, or permit another to perform any of his or her duties, shall be guilty of a gross misdemeanor.
[ 2012 c 117 s 113; 1909 c 249 s 83; RRS s 2335. ]
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself or herself into a public office to which he or she has not been duly elected or appointed, or who shall willfully exercise any of the functions or perform any of the duties of such officer, without having duly qualified therefor, as required by law, or who, having been an executive or administrative officer, shall willfully exercise any of the functions of his or her office after his or her right to do so has ceased, or wrongfully refuse to surrender the official seal or any books or papers appertaining to such office, upon the demand of his or her lawful successor, shall be guilty of a gross misdemeanor.
[ 2012 c 117 s 114; 1909 c 249 s 84; RRS s 2336. ]
NOTES:
Impersonating a public officer: RCW 9A.60.045.
Quo warranto: Chapter 7.56 RCW.
Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor.
[ 1909 c 249 s 98; RRS s 2350. ]
Every public officer who, being authorized by law to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing containing any statement which he or she knows to be false, in a case where the punishment thereof is not expressly prescribed by law, shall be guilty of a gross misdemeanor.
[ 2012 c 117 s 115; 1909 c 249 s 128; RRS s 2380. ]
Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying, claims or demands upon the state or such county, town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty of a gross misdemeanor.
[ 1909 c 249 s 129; RRS s 2381. ]
Every public officer, and every other person receiving money on behalf or for or on account of the people of the state or of any department of the state government or of any bureau or fund created by law in which the people are directly or indirectly interested, or for or on account of any county, city, town, or any school, diking, drainage, or irrigation district, who:
(1) Appropriates to his or her own use or the use of any person not entitled thereto, without authority of law, any money so received by him or her as such officer or otherwise; or
(2) Knowingly keeps any false account, or makes any false entry or erasure in any account, of or relating to any money so received by him or her; or
(3) Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or
(4) Willfully omits or refuses to pay over to the state, its officer or agent authorized by law to receive the same, or to such county, city, town, or such school, diking, drainage, or irrigation district or to the proper officer or authority empowered to demand and receive the same, any money received by him or her as such officer when it is a duty imposed upon him or her by law to pay over and account for the same,
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than fifteen years.
[ 2003 c 53 s 219; 1992 c 7 s 37; 1909 c 249 s 317; RRS s 2569. Prior: Code 1881 s 890; 1873 p 202 s 92; 1854 p 91 s 83. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Every officer or other person mentioned in RCW 42.20.070, who shall willfully disobey any provision of law regulating his or her official conduct in cases other than those specified in said section, shall be guilty of a gross misdemeanor.
[ 2012 c 117 s 116; 1909 c 249 s 318; RRS s 2570. ]
Every state, county, city, or town treasurer who willfully misappropriates any moneys, funds, or securities received by or deposited with him or her as such treasurer, or who shall be guilty of any other malfeasance or willful neglect of duty in his or her office, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years or by a fine of not more than five thousand dollars.
[ 2003 c 53 s 220; 1992 c 7 s 38; 1909 c 249 s 319; RRS s 2571. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
County treasurer, suspension for misconduct: RCW 36.29.090.
State treasurer, embezzlement: RCW 43.08.140.
Whenever any duty is enjoined by law upon any public officer or other person holding any public trust or employment, their wilful neglect to perform such duty, except where otherwise specially provided for, shall be a misdemeanor.
[ 1909 c 249 s 16; RRS s 2268. Prior: Code 1881 s 889; 1854 p 90 s 82. ]
NOTES:
Official misconduct by public servant: RCW 9A.80.010.
It shall be a misdemeanor for any judge or justice of any court not of record, during the hearing of any cause or proceeding therein, to address any person in his or her presence in unfit, unseemly, or improper language.
[ 2012 c 117 s 117; 1911 c 115 s 1; RRS s 2696-1. ]
It is the purpose and intent of this chapter to revise and make uniform the laws of this state concerning the transaction of business by municipal officers, as defined in chapter 268, Laws of 1961, in conflict with the proper performance of their duties in the public interest; and to promote the efficiency of local government by prohibiting certain instances and areas of conflict while at the same time sanctioning, under sufficient controls, certain other instances and areas of conflict wherein the private interest of the municipal officer is deemed to be only remote, to the end that, without sacrificing necessary public responsibility and enforceability in areas of significant and clearly conflicting interests, the selection of municipal officers may be made from a wider group of responsible citizens of the communities which they are called upon to serve.
[ 1961 c 268 s 2. ]
For the purpose of chapter 268, Laws of 1961:
(1) "Municipality" shall include all counties, cities, towns, districts, and other municipal corporations and quasi municipal corporations organized under the laws of the state of Washington;
(2) "Municipal officer" and "officer" shall each include all elected and appointed officers of a municipality, together with all deputies and assistants of such an officer, and all persons exercising or undertaking to exercise any of the powers or functions of a municipal officer;
(3) "Contract" shall include any contract, sale, lease or purchase;
(4) "Contracting party" shall include any person, partnership, association, cooperative, corporation, or other business entity which is a party to a contract with a municipality.
[ 1961 c 268 s 3. ]
No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. This section shall not apply in the following cases:
(1) The furnishing of electrical, water or other utility services by a municipality engaged in the business of furnishing such services, at the same rates and on the same terms as are available to the public generally;
(2) The designation of public depositaries for municipal funds;
(3) The publication of legal notices required by law to be published by any municipality, upon competitive bidding or at rates not higher than prescribed by law for members of the general public;
(4) The designation of a school director as clerk or as both clerk and purchasing agent of a school district;
(5) The employment of any person by a municipality for unskilled day labor at wages not exceeding $1,000 in any calendar month. The exception provided in this subsection does not apply to a county with a population of 125,000 or more, a city with a population of more than 1,500, an irrigation district encompassing more than 50,000 acres, or a first-class school district;
(6)(a) The letting of any other contract in which the total amount received under the contract or contracts by the municipal officer or the municipal officer's business does not exceed $3,000 in any calendar month.
(b) However, in the case of a particular officer of a second-class city or town, or a noncharter optional code city, or a member of any county fair board in a county which has not established a county purchasing department pursuant to RCW 36.32.240, the total amount of such contract or contracts authorized in this subsection (6) may exceed $3,000 in any calendar month but shall not exceed $36,000 in any calendar year.
(c)(i) In the case of a particular officer of a rural public hospital district, as defined in RCW 70.44.460, the total amount of such contract or contracts authorized in this subsection (6) may exceed $1,500 in any calendar month, but shall not exceed $24,000 in any calendar year.
(ii) At the beginning of each calendar year, beginning with the 2006 calendar year, the legislative authority of the rural public hospital district shall increase the calendar year limitation described in this subsection (6)(c) by an amount equal to the dollar amount for the previous calendar year multiplied by the change in the consumer price index as of the close of the 12-month period ending December 31st of that previous calendar year. If the new dollar amount established under this subsection is not a multiple of $10, the increase shall be rounded to the next lowest multiple of $10. As used in this subsection, "consumer price index" means the consumer price index compiled by the bureau of labor statistics, United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used.
(d) The exceptions provided in this subsection (6) do not apply to:
(i) A sale or lease by the municipality as the seller or lessor;
(ii) The letting of any contract by a county with a population of 125,000 or more, a city with a population of 5,000 or more, or an irrigation district encompassing more than 50,000 acres; or
(iii) Contracts for legal services, except for reimbursement of expenditures.
(e) The municipality shall maintain a list of all contracts that are awarded under this subsection (6). The list must be made available for public inspection and copying;
(7) The leasing by a port district as lessor of port district property to a municipal officer or to a contracting party in which a municipal officer may be beneficially interested, if in addition to all other legal requirements, a board of three disinterested appraisers and the superior court in the county where the property is situated finds that all terms and conditions of such lease are fair to the port district and are in the public interest. The appraisers must be appointed from members of the American Institute of Real Estate Appraisers by the presiding judge of the superior court;
(8) The letting of any employment contract for the driving of a school bus in a second-class school district if the terms of such contract are commensurate with the pay plan or collective bargaining agreement operating in the district;
(9) The letting of an employment contract as a substitute teacher or substitute educational aide to an officer of a second-class school district that has 300 or fewer full-time equivalent students, if the terms of the contract are commensurate with the pay plan or collective bargaining agreement operating in the district and the board of directors has found, consistent with the written policy under RCW 28A.330.240, that there is a shortage of substitute teachers in the school district;
(10) The letting of any employment contract to the spouse of an officer of a school district, when such contract is solely for employment as a substitute teacher for the school district. This exception applies only if the terms of the contract are commensurate with the pay plan or collective bargaining agreement applicable to all district employees and the board of directors has found, consistent with the written policy under RCW 28A.330.240, that there is a shortage of substitute teachers in the school district;
(11) The letting of any employment contract to the spouse of an officer of a school district if the spouse was under contract as a certificated or classified employee with the school district before the date in which the officer assumes office and the terms of the contract are commensurate with the pay plan or collective bargaining agreement operating in the district. However, in a second-class school district that has less than 200 full-time equivalent students enrolled at the start of the school year as defined in RCW 28A.150.203, the spouse is not required to be under contract as a certificated or classified employee before the date on which the officer assumes office;
(12) The authorization, approval, or ratification of any employment contract with the spouse of a public hospital district commissioner if: (a) The spouse was employed by the public hospital district before the date the commissioner was initially elected; (b) the terms of the contract are commensurate with the pay plan or collective bargaining agreement operating in the district for similar employees; (c) the interest of the commissioner is disclosed to the board of commissioners and noted in the official minutes or similar records of the public hospital district prior to the letting or continuation of the contract; and (d) and the commissioner does not vote on the authorization, approval, or ratification of the contract or any conditions in the contract.
A municipal officer may not vote in the authorization, approval, or ratification of a contract in which he or she is beneficially interested even though one of the exemptions allowing the awarding of such a contract applies. The interest of the municipal officer must be disclosed to the governing body of the municipality and noted in the official minutes or similar records of the municipality before the formation of the contract.
[ 2023 c 153 s 1; 2020 c 69 s 1; 2007 c 298 s 1; 2006 c 121 s 1; 2005 c 114 s 1; 1999 c 261 s 2; 1997 c 98 s 1; 1996 c 246 s 1. Prior: 1994 c 81 s 77; 1994 c 20 s 1; 1993 c 308 s 1; 1991 c 363 s 120; 1990 c 33 s 573; 1989 c 263 s 1; 1983 1st ex.s. c 44 s 1; prior: 1980 c 39 s 1; 1979 ex.s. c 4 s 1; 1971 ex.s. c 242 s 1; 1961 c 268 s 4. ]
NOTES:
Findings—Intent—1999 c 261: "The legislature finds that:
(1) The current statutes pertaining to municipal officers' beneficial interest in contracts are quite confusing and have resulted in some inadvertent violations of the law.
(2) The dollar thresholds for many of the exemptions have not been changed in over thirty-five years, and the restrictions apply to the total amount of the contract instead of the portion of the contract that pertains to the business operated by the municipal officer.
(3) The confusion existing over these current statutes discourages some municipalities from accessing some efficiencies available to them.
Therefore, it is the intent of the legislature to clarify the statutes pertaining to municipal officers and contracts and to enact reasonable protections against inappropriate conflicts of interest." [ 1999 c 261 s 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 263: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 263 s 3.]
Severability—1980 c 39: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1980 c 39 s 3.]
A municipal officer is not interested in a contract, within the meaning of RCW 42.23.030, if the officer has only a remote interest in the contract and the extent of the interest is disclosed to the governing body of the municipality of which the officer is an officer and noted in the official minutes or similar records of the municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer having the remote interest. As used in this section "remote interest" means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
(4) That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party.
None of the provisions of this section are applicable to any officer interested in a contract, even if the officer's interest is only remote, if the officer influences or attempts to influence any other officer of the municipality of which he or she is an officer to enter into the contract.
[ 1999 c 261 s 3; 1961 c 268 s 5. ]
NOTES:
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
Any contract made in violation of the provisions of this chapter is void and the performance thereof, in full or in part, by a contracting party shall not be the basis of any claim against the municipality. Any officer violating the provisions of this chapter is liable to the municipality of which he or she is an officer for a penalty in the amount of five hundred dollars, in addition to such other civil or criminal liability or penalty as may otherwise be imposed upon the officer by law.
In addition to all other penalties, civil or criminal, the violation by any officer of the provisions of this chapter may be grounds for forfeiture of his or her office.
[ 1999 c 261 s 4; 1961 c 268 s 6. ]
NOTES:
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
If any provision of this chapter conflicts with any provision of a city or county charter, or with any provision of a city-county charter, the charter shall control if it contains stricter requirements than this chapter. The provisions of this chapter shall be considered as minimum standards to be enforced by municipalities.
[ 1999 c 261 s 5; 1961 c 268 s 16. ]
NOTES:
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
(1) No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit.
[ 1994 c 154 s 121. ]
NOTES:
Effective date—1994 c 154: See RCW 42.52.904.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 104. ]
Notwithstanding the provisions of chapter 42.24 RCW or any other existing statute, school districts and other public agencies including but not limited to state agencies and municipal corporations which are expressly or by necessary implication authorized to subscribe to magazines or other periodical publications or books or to purchase postage or publications from the United States government or any other publisher may make payment of the costs of such purchases in a manner as consistent as possible and practicable with normal and usual business methods, and in the case of subscriptions, for periods not in excess of three years.
[ 1975 1st ex.s. c 72 s 1; 1963 c 116 s 1. ]
(1) All claims presented against any county, city, district or other municipal corporation or political subdivision by persons furnishing materials, rendering services or performing labor, or for any other contractual purpose, shall be audited, before payment, by an auditing officer elected or appointed pursuant to statute or, in the absence of statute, an appropriate charter provision, ordinance or resolution of the municipal corporation or political subdivision. Such claims shall be prepared for audit and payment on a form and in the manner prescribed by the state auditor. The form shall provide for the authentication and certification by such auditing officer that the materials have been furnished, the services rendered, the labor performed as described, or that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the municipal corporation or political subdivision. No claim shall be paid without such authentication and certification.
(2) Certification as to claims of officers and employees of a county, city, district or other municipal corporation or political subdivision, for services rendered, shall be made by the person charged with preparing and submitting vouchers for payment of services. He or she shall certify that the claim is just, true and unpaid, and that certification shall be part of the voucher.
[ 2008 c 198 s 6; 1995 c 301 s 72; 1965 c 116 s 1. ]
NOTES:
Finding—2008 c 198: See note following RCW 39.34.030.
No claim for reimbursement of any expenditures by officers or employees of any municipal corporation or political subdivision of the state for transportation, lodging, meals or any other purpose shall be allowed by any officer, employee or board charged with auditing accounts unless the same shall be presented in a detailed account: PROVIDED, That, unless otherwise authorized by law, the legislative body of any municipal corporation or political subdivision of the state may prescribe by ordinance or resolution the amounts to be paid officers or employees thereof as reimbursement for the use of their personal automobiles or other transportation equipment in connection with officially assigned duties and other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses incurred for lodging, meals or other purposes. The rates for such reimbursements may be computed on a mileage, hourly, per diem, monthly, or other basis as the respective legislative bodies shall determine to be proper in each instance: PROVIDED, That in lieu of such reimbursements, payments for the use of personal automobiles for official travel may be established if the legislative body determines that these payments would be less costly to the municipal corporation or political subdivision of the state than providing automobiles for official travel.
All claims authorized under this section shall be duly certified by the officer or employee submitting such claims on forms and in the manner prescribed by the state auditor.
[ 1995 c 301 s 73; 1981 c 56 s 1; 1965 c 116 s 2. ]
The certificates required by RCW 42.24.080 through 42.24.110 need not be sworn, but any person certifying a claim or making a claim knowing the same to be false or untrue shall be guilty of perjury in the second degree.
[ 1965 c 116 s 3. ]
Any person who knowingly approves or pays or causes to be approved or paid a false or untrue claim shall be guilty of a gross misdemeanor and, in addition, he or she shall be civilly liable on his or her bond to the municipal corporation or political subdivision, as the case may be, for the amount so paid or for three hundred dollars whichever is the greater.
[ 2012 c 117 s 118; 1965 c 116 s 4. ]
(1) Any municipal corporation or political subdivision may provide for the issuance of charge cards to officers and employees for the purpose of covering expenses incident to authorized travel.
(2) If a charge card is issued for the purpose of covering expenses relating to authorized travel, upon billing or no later than thirty days of the billing date, the officer or employee using a charge card issued under this section shall submit a fully itemized travel expense voucher. Any charges against the charge card not properly identified on the travel expense voucher or not allowed following the audit required under RCW 42.24.080 shall be paid by the official or employee by check, United States currency, or salary deduction.
(3) If, for any reason, disallowed charges are not repaid before the charge card billing is due and payable, the municipal corporation or political subdivision shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the official or employee up to an amount of the disallowed charges and interest at the same rate as charged by the company which issued the charge card. Any official or employee who has been issued a charge card by a municipal corporation or political subdivision shall not use the card if any disallowed charges are outstanding and shall surrender the card upon demand of the auditing officer. The municipal corporation or political subdivision shall have unlimited authority to revoke use of any charge card issued under this section, and, upon such revocation order being delivered to the charge card company, shall not be liable for any costs.
[ 1995 c 30 s 3; 1984 c 203 s 5. ]
NOTES:
Findings—1995 c 30: See note following RCW 43.09.2855.
Severability—1984 c 203: See note following RCW 35.43.140.
Whenever it becomes necessary for an elected or appointed official or employee of the municipal corporation or political subdivision to travel and incur expenses, the legislative body of such municipal corporation or political subdivision may provide, in the manner that local legislation is officially enacted, reasonable allowances to such officers and employees in advance of expenditure. Such advance shall be made under appropriate rules and regulations to be prescribed by the state auditor.
[ 1969 c 74 s 1. ]
The legislative body of a municipal corporation or political subdivision wishing to make advance payments of travel expenses to officials and employees, as provided in RCW 42.24.120 through 42.24.160, will establish, in the manner that local legislation is officially enacted, a revolving fund to be used solely for the purpose of making advance payments of travel expenses. The revolving fund will be maintained in a bank as a checking account and advances to officials or employees will be by check. The fund will be replenished by warrant.
[ 1969 c 74 s 2. ]
To protect the municipal corporation or political subdivision from any losses on account of advances made as provided in RCW 42.24.120 through 42.24.160, the municipal corporation or political subdivision shall have a prior lien against and a right to withhold any and all funds payable or to become payable by the municipal corporation or political subdivision to such officer or employee to whom such advance has been given, as provided in RCW 42.24.120 through 42.24.160, up to the amount of such advance and interest at the rate of ten percent per annum, until such time as repayment or justification has been made. No advance of any kind may be made to any officer or employee under RCW 42.24.120 through 42.24.160, at any time when he or she is delinquent in accounting for or repaying a prior advance under RCW 42.24.120 through 42.24.160.
[ 2012 c 117 s 119; 1969 c 74 s 3. ]
On or before the fifteenth day following the close of the authorized travel period for which expenses have been advanced to any officer or employee, he or she shall submit to the appropriate official a fully itemized travel expense voucher, for all reimbursable items legally expended, accompanied by the unexpended portion of such advance, if any.
Any advance made for this purpose, or any portion thereof, not repaid or accounted for in the time and manner specified herein, shall bear interest at the rate of ten percent per annum from the date of default until paid.
[ 2012 c 117 s 120; 1995 c 194 s 9; 1969 c 74 s 4. ]
An advance made under RCW 42.24.120 through 42.24.160 shall be considered as having been made to such officer or employee to be expended by him or her as an agent of the municipal corporation or political subdivision for the municipal corporation's or political subdivision's purposes only, and specifically to defray necessary costs while performing his or her official duties.
No such advance shall be considered as a personal loan to such officer or employee and any expenditure thereof, other than for official business purposes, shall be considered a misappropriation of public funds.
[ 2012 c 117 s 121; 1969 c 74 s 5. ]
Special purpose districts may expend funds to recruit job candidates and reimburse candidates for reasonable and necessary travel expenses, including transportation, subsistence, and lodging.
[ 1981 c 190 s 1. ]
In order to expedite the payment of claims, the legislative body of any *taxing district, as defined in RCW 43.09.260, may authorize the issuance of warrants or checks in payment of claims after the provisions of this chapter have been met and after the officer designated by statute, or, in the absence of statute, an appropriate charter provision, ordinance, or resolution of the *taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the claims. The legislative body may stipulate that certain kinds or amounts of claims shall not be paid before the board has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims. However, all of the following conditions shall be met before the payment:
(1) The auditing officer and the officer designated to sign the checks or warrants shall each be required to furnish an official bond for the faithful discharge of his or her duties in an amount determined by the legislative body but not less than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring, purchasing, and disbursing policies that implement effective internal control;
(3) The legislative body shall provide for its review of the documentation supporting claims paid and for its approval of all checks or warrants issued in payment of claims at its next regularly scheduled public meeting or, for cities and towns, at a regularly scheduled public meeting within one month of issuance; and
(4) The legislative body shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the *taxing district and to pursue collection diligently until the amounts disapproved are collected or until the legislative body is satisfied and approves the claims.
[ 1994 c 273 s 18; 1984 c 128 s 11. ]
NOTES:
*Reviser's note: "Taxing district" redesignated "local government" by 1995 c 301 s 15.
The amount to be disbursed from the vendor payment revolving fund on behalf of an agency electing to utilize such fund shall be deposited therein by the agency on or before the day prior to scheduled disbursement. The deposit shall be made from funds held by the agency outside the state treasury pursuant to law and which are properly chargeable for the disbursement. Disbursements from the revolving fund created by this chapter shall be by warrant in accordance with the provisions of RCW 43.88.160.
[ 1969 ex.s. c 60 s 2. ]
The director of financial management shall adopt such regulations as may be necessary or desirable to implement the provisions of this chapter relating to the establishment of an agency vendor payment revolving fund.
[ 1979 c 151 s 74; 1969 ex.s. c 60 s 3. ]
The state treasurer is authorized to advance moneys from treasury funds to state agencies for the purpose of establishing petty cash accounts. Any agency may petition the office of financial management for the establishment of a petty cash account. The maximum amount of such accounts shall be based on the special needs of the petitioning agency and shall be subject to approval by the office of financial management. The amount so advanced shall be reflected in the state treasurer's accounts as an amount due from the agency to the fund or account from which the advance was made.
[ 1979 c 151 s 75; 1977 c 40 s 1; 1969 ex.s. c 60 s 4. ]
The agency requesting a petty cash account or an increase in the amount of petty cash advanced under the provisions of this chapter shall submit its request to the director of financial management in the form and detail prescribed by him or her. The agency's written request and the approval authorized by this chapter shall be the only documentation or certification required as a condition precedent to the issuance of such warrant. A copy of his or her approval shall be forwarded by the director of financial management to the state treasurer.
[ 2012 c 117 s 122; 1979 c 151 s 76; 1969 ex.s. c 60 s 5. ]
The use of the petty cash account shall be restricted to miscellaneous petty or emergency expenditures, refunds legally payable by an agency, and for cash change to be used in the transaction of the agency's official business. All expenditures made from petty cash shall be charged to an existing appropriation for such purpose, except expenditures chargeable against funds for which no appropriation is required by law. All expenditures or refunds made from petty cash shall be reimbursed out of and charged to the proper appropriation or fund at the close of each month and such other times as may be necessary.
[ 1969 ex.s. c 60 s 6. ]
The head of the agency or an employee designated by him or her shall have full responsibility as custodian for the petty cash account and its proper use under this chapter and applicable regulations of the director of financial management. The custodian of the petty cash account shall be covered by a surety bond in the full amount of the account at all times and all advances to it, conditioned upon the proper accounting for and legal expenditure of all such funds, in addition to other conditions required by law.
[ 2012 c 117 s 123; 1979 c 151 s 77; 1969 ex.s. c 60 s 7. ]
If a post audit by the state auditor discloses the amount of the petty cash account of any agency under this chapter to be excessive or the use of the account to be in violation of requirements governing its operation, the director of financial management may require the return of the account or of the excessive amount to the state treasury for credit to the fund from which the advance was made.
[ 1979 c 151 s 78; 1969 ex.s. c 60 s 8. ]
The director of financial management shall adopt such regulations as may be necessary or desirable to implement the provisions of this chapter. Such regulation shall include but not be limited to, (1) defining limitations on the use of petty cash, and (2) providing accounting and reporting procedures for operation of the petty cash account.
[ 1979 c 151 s 79; 1969 ex.s. c 60 s 9. ]
This chapter shall take effect July 1, 1969.
[ 1969 ex.s. c 60 s 12. ]
The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.
The people of this state do not yield their sovereignty to the agencies which 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 and informing the people's public servants of their views so that they may retain control over the instruments they have created. For these reasons, even when not required by law, public agencies are encouraged to incorporate and accept public comment during their decision-making process.
[ 2022 c 115 s 2; 1971 ex.s. c 250 s 1. ]
NOTES:
Reviser's note: Throughout this chapter, the phrases "this act" and "this 1971 amendatory act" have been changed to "this chapter." "This act" [1971 ex.s. c 250] consists of this chapter, the amendment to RCW 34.04.025, and the repeal of RCW 42.32.010 and 42.32.020.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
As used in this chapter unless the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature. This does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision of the state of Washington;
(c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant to the laws of this state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board, commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. "Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance.
(4) "Meeting" means meetings at which action is taken.
[ 2022 c 71 s 11; 1985 c 366 s 1; 1983 c 155 s 1; 1982 1st ex.s. c 43 s 10; 1971 ex.s. c 250 s 2. ]
NOTES:
Findings—Intent—2022 c 71: See note following RCW 28B.10.930.
Severability—Savings—1982 1st ex.s. c 43: See notes following RCW 43.52.374.
(1) All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter.
(2) Public agencies are encouraged to provide for the increased ability of the public to observe and participate in the meetings of governing bodies through real-time telephonic, electronic, internet, or other readily available means of remote access that do not require an additional cost to access the meeting.
[ 2022 c 115 s 3; 1971 ex.s. c 250 s 3. ]
NOTES:
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
(1) The minutes of all regular and special meetings except executive sessions of such boards, commissions, agencies or authorities shall be promptly recorded and such records shall be open to public inspection.
(2) Except in the case of an emergency as provided for in RCW 42.30.070, and excluding executive sessions, all regular and special meetings of school district boards of directors at which a final action is taken or formal public testimony is accepted shall be audio recorded and such recordings shall be maintained for at least one year. The recording shall include the comments of the directors and the comments of members of the public, if any formal testimony was accepted from the public during the meeting. Subject to the limitations on identifiable records in RCW 42.56.080(1), such recordings must be provided electronically to the public upon request. It is not a violation of this chapter if a school board attempts to record a meeting in good faith and, due to technological issues, a recording is not made or if any or all of a recording is unintelligible. Whenever possible, school districts are encouraged to make the content of school board of directors meetings, or a summary thereof, available in formats accessible to individuals who need communication assistance and in languages other than English.
[ 2023 c 67 s 3; 1953 c 216 s 3. Formerly RCW 42.32.030. ]
NOTES:
Effective date—2023 c 67: "This act takes effect June 30, 2024." [ 2023 c 67 s 5.]
A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. This section does not prohibit any generally applicable conditions determined by the governing body to be reasonably necessary to protect the public health or safety, or to protect against interruption of the meeting, including a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency.
[ 2022 c 115 s 6; 2012 c 117 s 124; 1971 ex.s. c 250 s 4. ]
NOTES:
Effective date—2022 c 115 ss 5-11: See note following RCW 42.30.230.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the governing body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. Nothing in this section prohibits the governing body from stopping people from speaking to the governing body when not recognized by the governing body to speak.
[ 2022 c 115 s 7; 1971 ex.s. c 250 s 5. ]
NOTES:
Effective date—2022 c 115 ss 5-11: See note following RCW 42.30.230.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
(1) No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public and then only at a meeting, the date of which is fixed by law or rule, or at a meeting of which notice has been given according to the provisions of this chapter. Any action taken at meetings failing to comply with the provisions of this subsection shall be null and void.
(2) No governing body of a public agency at any meeting required to be open to the public shall vote by secret ballot. Any vote taken in violation of this subsection shall be null and void, and shall be considered an "action" under this chapter.
[ 1989 c 42 s 1; 1971 ex.s. c 250 s 6. ]
The governing body of a public agency shall provide the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency was formed, meetings of the governing body need not be held within the boundaries of the territory over which the public agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site, for a remote meeting without a physical location, or for a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency, and the notice requirements of this chapter shall be suspended during such emergency. It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter.
[ 2022 c 115 s 8; 1983 c 155 s 2; 1973 c 66 s 1; 1971 ex.s. c 250 s 7. ]
NOTES:
Effective date—2022 c 115 ss 5-11: See note following RCW 42.30.230.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
State agencies which hold regular meetings shall file with the code reviser a schedule of the time and place of such meetings on or before January of each year for publication in the Washington state register. Notice of any change from such meeting schedule shall be published in the state register for distribution at least twenty days prior to the rescheduled meeting date.
For the purposes of this section "regular" meetings shall mean recurring meetings held in accordance with a periodic schedule declared by statute or rule.
[ 1977 ex.s. c 240 s 12. ]
NOTES:
Effective date—1977 ex.s. c 240: See RCW 34.08.905.
Public meeting notices in state register: RCW 34.08.020.
(1) Public agencies with governing bodies must make the agenda of each regular meeting of the governing body available online no later than 24 hours in advance of the published start time of the meeting. An agency subject to provisions of this section may share a website with, or have its website hosted by, another public agency to post meeting agendas, minutes, budgets, contact information, and other records, including any resolution or ordinance adopted by the agency establishing where and how the public agency will meet in the event of an emergency. Nothing in this section prohibits subsequent modifications to agendas nor invalidates any otherwise legal action taken at a meeting where the agenda was not posted in accordance with this section. Nothing in this section modifies notice requirements or shall be construed as establishing that a public body or agency's online posting of an agenda as required by this section is sufficient notice to satisfy public notice requirements established under other laws. Failure to post an agenda in accordance with this section shall not provide a basis for awarding attorney fees under RCW 42.30.120 or commencing an action for mandamus or injunction under RCW 42.30.130.
(2) A special purpose district, city, or town subject to the provisions of this section is not required to post an agenda online if the district, city, or town:
(a) Has an aggregate valuation of the property subject to taxation by the district, city, or town of less than $400,000,000, as placed on the last completed and balanced tax rolls of the county preceding the date of the most recent tax levy;
(b) Has a population within its jurisdiction of under 3,000 persons; and
(c) Provides confirmation to the state auditor at the time it files its annual reports under RCW 43.09.230 that the cost of posting notices on a website of its own, a shared website, or on the website of the county in which the largest portion of the district's, city's, or town's population resides, would exceed one-tenth of one percent of the district's, city's, or town's budget.
[ 2022 c 115 s 9; 2014 c 61 s 2. ]
NOTES:
Effective date—2022 c 115 ss 5-11: See note following RCW 42.30.230.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
Intent—Finding—2014 c 61: "The legislature intends to promote transparency in government and strengthen the Washington's open public meetings act. The legislature finds that it is in the best interest of citizens for public agencies with governing bodies to post meeting agendas on websites before meetings. Full public review and inspection of meeting agendas will promote a greater exchange of information so the public can provide meaningful input related to government decisions." [ 2014 c 61 s 1.]
(1) A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by email to each member of the governing body. Written notice shall be deemed waived in the following circumstances:
(a) A member submits a written waiver of notice with the clerk or secretary of the governing body at or prior to the time the meeting convenes. A written waiver may be given by telegram, fax, or email; or
(b) A member is actually present at the time the meeting convenes.
(2) Notice of a special meeting called under subsection (1) of this section shall be:
(a) Delivered to each local newspaper of general circulation and local radio or television station that has on file with the governing body a written request to be notified of such special meeting or of all special meetings;
(b) Posted on the agency's website. An agency is not required to post a special meeting notice on its website if it does not have a website or share a website with another agency. Except in the case of a remote meeting or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency as provided for in this chapter, an agency is not required to post a special meeting notice on its website if it employs no full-time equivalent employees, or does not employ personnel whose duty, as defined by a job description or existing contract, is to maintain or update the website; and
(c) Prominently displayed at the main entrance of the agency's principal location and the meeting site if it is not held at the agency's principal location and is not held as a remote meeting; except that during a declared emergency which prevents a meeting from being held in-person with reasonable safety an agency that hosts a website or shares a website with another agency may instead post notice of a remote meeting without a physical location on the website hosted or shared by the agency.
Such notice must be delivered or posted, as applicable, at least 24 hours before the time of such meeting as specified in the notice.
(3) The call and notices required under subsections (1) and (2) of this section shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body.
(4) The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage, or when the required notice cannot be posted or displayed with reasonable safety, including but not limited to declared emergencies in which travel to physically post notice is barred or advised against.
[ 2022 c 115 s 10; 2012 c 188 s 1; 2005 c 273 s 1; 1971 ex.s. c 250 s 8. ]
NOTES:
Effective date—2022 c 115 ss 5-11: See note following RCW 42.30.230.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
The governing body of a public agency may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the governing body may declare the meeting adjourned to a stated time and place. He or she shall cause a written notice of the adjournment to be given in the same manner as provided in RCW 42.30.080 for special meetings, unless such notice is waived as provided for special meetings. Except in the case of remote meetings without a physical location as provided for in this chapter, whenever any meeting is adjourned a copy of the order or notice of adjournment shall be conspicuously posted immediately after the time of the adjournment on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
[ 2022 c 115 s 11; 2012 c 117 s 125; 1971 ex.s. c 250 s 9. ]
NOTES:
Effective date—2022 c 115 ss 5-11: See note following RCW 42.30.230.
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
Any hearing being held, noticed, or ordered to be held by a governing body at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the governing body in the same manner and to the same extent set forth in RCW 42.30.090 for the adjournment of meetings.
[ 1971 ex.s. c 250 s 10. ]
(1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:
(a)(i) To consider matters affecting national security;
(ii) To consider, if in compliance with any required data security breach disclosure under RCW 19.255.010 and 42.56.590, and with legal counsel available, information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments and security test results to the extent that they identify specific system vulnerabilities, and other information that if made public may increase the risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets;
(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;
(ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or
(iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;
(k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;
(l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;
(m) To consider in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information;
(n) To consider in the case of a health sciences and services authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information;
(o) To consider information regarding staff privileges or quality improvement committees under RCW 70.41.205;
(p) To consider proprietary or confidential data collected or analyzed pursuant to chapter 70.405 RCW;
(q) To consider greenhouse gas allowance auction bidding information that is prohibited from release or disclosure under RCW 70A.65.100(8).
(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer. The announced purpose of excluding the public must be entered into the minutes of the meeting required by RCW 42.30.035.
[ 2024 c 277 s 2. Prior: 2022 c 153 s 13; 2022 c 115 s 12; 2019 c 162 s 2; 2017 c 137 s 1; 2014 c 174 s 4; 2011 1st sp.s. c 14 s 14; 2010 1st sp.s. c 33 s 5; 2005 c 424 s 13; 2003 c 277 s 1; 2001 c 216 s 1; 1989 c 238 s 2; 1987 c 389 s 3; 1986 c 276 s 8; 1985 c 366 s 2; 1983 c 155 s 3; 1979 c 42 s 1; 1973 c 66 s 2; 1971 ex.s. c 250 s 11. ]
NOTES:
Findings—Intent—2024 c 277: "The climate commitment act requires some publicly owned natural gas and electric utilities and other government agencies to obtain greenhouse gas allowances to cover a portion of emissions. Because the allowance auctions must be carefully regulated to guard against market interference, market participants are strictly prohibited from disclosing any information about how they plan to participate in a specific auction. Investor-owned utilities, which are governed by a private board of directors, are able to keep this information confidential. In contrast, many public agencies are overseen by governing boards that are subject to the open public meetings act, which requires that deliberations be conducted in public. This act allows the governing body of a public agency to meet in executive session to consider the information necessary to comply with the climate commitment act's protection of all information necessary to participate in the greenhouse gas allowance market." [ 2024 c 277 s 1.]
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
Intent—2014 c 174: See note following RCW 28B.50.902.
Severability—Effective date—1987 c 389: See notes following RCW 41.06.070.
(1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of five hundred dollars for the first violation.
(2) Each member of the governing body who attends a meeting of a governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, and who was previously assessed a penalty under subsection (1) of this section in a final court judgment, shall be subject to personal liability in the form of a civil penalty in the amount of one thousand dollars for any subsequent violation.
(3) The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(4) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorneys' fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency which prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 2016 c 58 s 1; 2012 c 117 s 126; 1985 c 69 s 1; 1973 c 66 s 3; 1971 ex.s. c 250 s 12. ]
Any person may commence an action either by mandamus or injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a governing body.
[ 1971 ex.s. c 250 s 13. ]
If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter shall control: PROVIDED, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings involving a member of such business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or
(2) That portion of a meeting of a quasi-judicial body which relates to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group; or
(3) Matters governed by chapter 34.05 RCW, the Administrative Procedure Act; or
(4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress; or
(5) Government-to-government consultation with a federally recognized tribe under requirements provided in RCW 80.50.060.
[ 2026 c 244 s 2; 1990 c 98 s 1; 1989 c 175 s 94; 1973 c 66 s 4; 1971 ex.s. c 250 s 14. ]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Drug reimbursement policy recommendations: RCW 74.09.653.
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
The multimember student board which is the governing body of the recognized student association at a given campus of a public institution of higher education is hereby declared to be subject to the provisions of the open public meetings act as contained in this chapter, as now or hereafter amended. For the purposes of this section, "recognized student association" shall mean any body at any of the state's colleges and universities which selects officers through a process approved by the student body and which represents the interests of students. Any such body so selected shall be recognized by and registered with the respective boards of trustees and regents of the state's colleges and universities: PROVIDED, That there be no more than one such association representing undergraduate students, no more than one such association representing graduate students, and no more than one such association representing each group of professional students so recognized and registered at any of the state's colleges or universities.
[ 1980 c 49 s 1. ]
(1) Every member of the governing body of a public agency must complete training on the requirements of this chapter no later than ninety days after the date the member either:
(a) Takes the oath of office, if the member is required to take an oath of office to assume his or her duties as a public official; or
(b) Otherwise assumes his or her duties as a public official.
(2) In addition to the training required under subsection (1) of this section, every member of the governing body of a public agency must complete training at intervals of no more than four years as long as the individual is a member of the governing body or public agency.
(3) Training may be completed remotely with technology including but not limited to internet-based training.
[ 2014 c 66 s 2. ]
NOTES:
Findings—Short title—Effective date—2014 c 66: See notes following RCW 42.56.150.
The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter.
[ 2001 c 216 s 2. ]
(1) Public agencies are encouraged to make an audio or video recording of, or to provide an online streaming option for, all regular meetings of its governing body, and to make recordings of these meetings available online for a minimum of six months.
(2) This section does not alter a local government's recordkeeping requirements under chapter 42.56 RCW.
[ 2022 c 115 s 4. ]
NOTES:
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
(1) If, after the declaration of an emergency by a local or state government or agency, or by the federal government, a public agency determines that it cannot hold a meeting of the governing body with members or public attendance in person with reasonable safety because of the emergency, the public agency may:
(a) Hold a remote meeting of the governing body without a physical location; or
(b) Hold a meeting of the governing body at which the physical attendance by some or all members of the public is limited due to a declared emergency.
(2) During a remote meeting, members of the governing body may appear or attend by phone or by other electronic means that allows real-time verbal communication without being in the same physical location. For a remote meeting or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency, the public agency must provide an option for the public to listen to the proceedings telephonically or by using a readily available alternative in real-time that does not require any additional cost for participation. Free readily available options include, but are not limited to, broadcast by the public agency on a locally available cable television station that is available throughout the jurisdiction or other electronic, internet, or other means of remote access that does not require any additional cost for access to the program. The public agency may also allow the other electronic means of remote access.
(3) No action may be taken at a remote meeting or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency if the public agency has not provided an option for the public to listen to proceedings pursuant to subsection (2) of this section, except for an executive session as authorized in this chapter.
(4) Notice of a remote meeting without a physical location or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency must be provided in accordance with this chapter and must include instructions on how the public may listen live to proceedings and on how the public may access any other electronic means of remote access offered by the public agency.
(5) A remote meeting or a meeting at which the physical attendance by some or all members of the public is limited due to a declared emergency that is held under the provisions of this section shall be considered open and public in compliance with the requirements of this chapter. Nothing in this section alters the ability of public agencies to take action in response to an emergency as provided for in RCW 42.30.070, or to have members of a governing body participate in a meeting remotely with no declared emergency.
(6) Notwithstanding any other provision in this section, any governing body of a public agency which held some of its regular meetings remotely prior to March 1, 2020, may continue to hold some of its regular meetings remotely with no declared emergency so long as the public agency provides an option for the public to listen to the proceedings pursuant to subsection (2) of this section.
[ 2022 c 115 s 5. ]
NOTES:
Effective date—2022 c 115 ss 5-11: "Sections 5 through 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 24, 2022]." [ 2022 c 115 s 15.]
Findings—Intent—2022 c 115: "The legislature finds and declares that, due to technological advances since the 1971 adoption of the open public meetings act, elected officials no longer conduct the public's business solely at in-person meetings, but can and do utilize telephonic and other electronic methods to efficiently conduct the business of state and local government remotely. Further, limitations on public gatherings required as the result of a disaster or emergency, for example, to assist in preventing the spread of infectious diseases, may affirmatively necessitate the use of technology and the avoidance of in-person attendance at public meetings for the conduct of governmental business. It is the policy of the state that a governing body's actions, including deliberations, shall be taken and conducted in the open. When the public cannot observe and participate in person, it may limit participation in democracy. Therefore, this act shall be construed in favor of ensuring access by the public to observe elected officials when they meet pursuant to this act. It is the intent of this act to modernize and update the open public meetings act emergency procedures to reflect technological advances, while maintaining the act's public policy that governing body's actions and deliberations be taken and conducted openly while balancing public safety in emergency conditions. Governing bodies are encouraged to adopt resolutions or ordinances establishing where and how meetings will be held in the event of an emergency, in order to allow the public to more easily learn about and observe public agency action in an emergent situation.
The legislature further finds people participating in their government, especially through public comment, is an essential part of developing public policy. The legislature finds that there are numerous developing technologies that can be used to facilitate public comment, especially for those with disabilities, underserved communities, and those who face time or distance challenges when traveling to public meetings. Therefore, the legislature intends to encourage public agencies to make use of remote access tools as fully as practicable to encourage public engagement and better serve their communities." [ 2022 c 115 s 1.]
(1) Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment. The public comment required under this section may be taken orally at a public meeting, or by providing an opportunity for written testimony to be submitted before or at the meeting. If the governing body accepts written testimony, this testimony must be distributed to the governing body. The governing body may set a reasonable deadline for the submission of written testimony before the meeting.
(2) Upon the request of any individual who will have difficulty attending a meeting of the governing body of a public agency by reason of disability, limited mobility, or for any other reason that makes physical attendance at a meeting difficult, the governing body shall, when feasible, provide an opportunity for that individual to provide oral comment at the meeting remotely if oral comment from other members of the public will be accepted at the meeting.
(3) Nothing in this section prevents a governing body from allowing public comment on items not on the meeting agenda.
(4) Nothing in this section diminishes the authority of governing bodies to deal with interruptions under RCW 42.30.050, limits the ability of the governing body to put limitations on the time available for public comment or on how public comment is accepted, or requires a governing body to accept public comment that renders orderly conduct of the meeting unfeasible.
[ 2022 c 115 s 13. ]
NOTES:
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
(1) A public agency that is required by state law to solicit public comment for a statutorily specified period of time, and is required by state law to provide notice that it is soliciting public comment, must specify the first and last date and time by which written public comment may be submitted.
(2) An agency that provides a notice that violates this section is subject to the same fines under the same procedures as other violations of this chapter are subject to under RCW 42.30.120.
[ 2024 c 171 s 1. ]
This chapter may be known and cited as the Washington state open public meetings act or OPMA.
[ 2022 c 115 s 14; 1971 ex.s. c 250 s 16. ]
NOTES:
Findings—Intent—2022 c 115: See note following RCW 42.30.230.
The purposes of this chapter are hereby declared remedial and shall be liberally construed.
[ 1971 ex.s. c 250 s 18. ]
Application of the appearance of fairness doctrine to local land use decisions shall be limited to the quasi-judicial actions of local decision-making bodies as defined in this section. Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance.
[ 1982 c 229 s 1. ]
No member of a local decision-making body may be disqualified by the appearance of fairness doctrine for conducting the business of his or her office with any constituent on any matter other than a quasi-judicial action then pending before the local legislative body.
[ 1982 c 229 s 2. ]
No legislative action taken by a local legislative body, its members, or local executive officials shall be invalidated by an application of the appearance of fairness doctrine.
[ 1982 c 229 s 3. ]
Prior to declaring as a candidate for public office or while campaigning for public office as defined by RCW 29B.10.440 no public discussion or expression of an opinion by a person subsequently elected to a public office, on any pending or proposed quasi-judicial actions, shall be a violation of the appearance of fairness doctrine.
[ 2024 c 164 s 512; 2011 c 60 s 27; 1982 c 229 s 4. ]
NOTES:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.
A candidate for public office who complies with all provisions of applicable public disclosure and ethics laws shall not be limited from accepting campaign contributions to finance the campaign, including outstanding debts; nor shall it be a violation of the appearance of fairness doctrine to accept such campaign contributions.
[ 1982 c 229 s 5. ]
NOTES:
Public disclosure of campaign finances: Title 29B RCW.
During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte communications with opponents or proponents with respect to the proposal which is the subject of the proceeding unless that person:
(1) Places on the record the substance of any written or oral ex parte communications concerning the decision of action; and
(2) Provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is considered or taken on the subject to which the communication related. This prohibition does not preclude a member of a decision-making body from seeking in a public hearing specific information or data from such parties relative to the decision if both the request and the results are a part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of a quasi-judicial proceeding.
[ 1984 c 191 s 1; 1982 c 229 s 6. ]
Participation by a member of a decision-making body in earlier proceedings that result in an advisory recommendation to a decision-making body shall not disqualify that person from participating in any subsequent quasi-judicial proceeding.
[ 1982 c 229 s 7. ]
Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of a decision-making body from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the individual. Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied on to invalidate the decision.
[ 1982 c 229 s 8. ]
In the event of a challenge to a member or members of a decision-making body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine.
[ 1982 c 229 s 9. ]
Nothing in this chapter prohibits the restriction or elimination of the appearance of fairness doctrine by the appellate courts. Nothing in this chapter may be construed to expand the appearance of fairness doctrine.
[ 1982 c 229 s 10. ]
Nothing in this chapter prohibits challenges to local land use decisions where actual violations of an individual's right to a fair hearing can be demonstrated.
[ 1982 c 229 s 11. ]
It is the policy of the legislature that employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper governmental actions, and it is the intent of the legislature to protect the rights of state employees making these disclosures, regardless of whether an investigation is initiated under RCW 42.40.040. It is also the policy of the legislature that employees should be encouraged to identify rules warranting review or provide information to the rules review committee, and it is the intent of the legislature to protect the rights of these employees.
[ 2017 c 44 s 1; 1995 c 403 s 508; 1982 c 208 s 1. ]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Auditor" means the office of the state auditor.
(2) "Employee" means any individual employed or holding office in any department or agency of state government.
(3) "Good faith" means the individual providing the information or report of improper governmental activity has a reasonable basis in fact for reporting or providing the information. An individual who knowingly provides or reports, or who reasonably ought to know he or she is providing or reporting, malicious, false, or frivolous information, or information that is provided with reckless disregard for the truth, or who knowingly omits relevant information is not acting in good faith.
(4) "Gross mismanagement" means the exercise of management responsibilities in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.
(5) "Gross waste of funds" means to spend or use funds or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.
(6)(a) "Improper governmental action" means any action by an employee undertaken in the performance of the employee's official duties:
(i) Which is a gross waste of public funds or resources as defined in this section;
(ii) Which is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature;
(iii) Which is of substantial and specific danger to the public health or safety;
(iv) Which is gross mismanagement;
(v) Which prevents the dissemination of scientific opinion or alters technical findings without scientifically valid justification, unless state law or a common law privilege prohibits disclosure. This provision is not meant to preclude the discretion of agency management to adopt a particular scientific opinion or technical finding from among differing opinions or technical findings to the exclusion of other scientific opinions or technical findings. Nothing in this subsection prevents or impairs a state agency's or public official's ability to manage its public resources or its employees in the performance of their official job duties. This subsection does not apply to de minimis, technical disagreements that are not relevant for otherwise improper governmental activity. Nothing in this provision requires the auditor to contract or consult with external experts regarding the scientific validity, invalidity, or justification of a finding or opinion; or
(vi) Which violates the administrative procedure act or analogous provisions of law that prohibit ex parte communication regarding cases or matters pending in which an agency is party between the agency's employee and a presiding officer, hearing officer, or an administrative law judge. The availability of other avenues for addressing ex parte communication by agency employees does not bar an investigation by the auditor.
(b) "Improper governmental action" does not include personnel actions, for which other remedies exist, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the state civil service law, alleged labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under chapter 41.06 RCW, or other disciplinary action except as provided in RCW 42.40.030.
(7) "Public official" means the attorney general's designee or designees; the director, or equivalent thereof in the agency where the employee works; an appropriate number of individuals designated to receive whistleblower reports by the head of each agency; or the executive ethics board.
(8) "Substantial and specific danger" means a risk of serious injury, illness, peril, or loss, to which the exposure of the public is a gross deviation from the standard of care or competence which a reasonable person would observe in the same situation.
(9) "Use of official authority or influence" includes threatening, taking, directing others to take, recommending, processing, or approving any personnel action such as an appointment, promotion, transfer, assignment including but not limited to duties and office location, reassignment, reinstatement, restoration, reemployment, performance evaluation, determining any material changes in pay, provision of training or benefits, tolerance of a hostile work environment, or any adverse action under chapter 41.06 RCW, or other disciplinary action.
(10)(a) "Whistleblower" means:
(i) An employee who in good faith reports alleged improper governmental action to the auditor or other public official, as defined in subsection (7) of this section; or
(ii) An employee who is perceived by the employer as reporting, whether they did or not, alleged improper governmental action to the auditor or other public official, as defined in subsection (7) of this section.
(b) For purposes of the provisions of this chapter and chapter 49.60 RCW relating to reprisals and retaliatory action, the term "whistleblower" also means:
(i) An employee who in good faith provides information to the auditor or other public official, as defined in subsection (7) of this section, and an employee who is believed to have reported asserted improper governmental action to the auditor or other public official, as defined in subsection (7) of this section, or to have provided information to the auditor or other public official, as defined in subsection (7) of this section, but who, in fact, has not reported such action or provided such information; or
(ii) An employee who in good faith identifies rules warranting review or provides information to the rules review committee, and an employee who is believed to have identified rules warranting review or provided information to the rules review committee but who, in fact, has not done so.
[ 2017 c 44 s 2; 2008 c 266 s 2; 1999 c 361 s 1; 1995 c 403 s 509; 1992 c 118 s 1; 1989 c 284 s 1; 1982 c 208 s 2. ]
NOTES:
Findings—Intent—2008 c 266: "The legislature finds and declares that government exists to conduct the people's business, and the people remaining informed about the actions of government contributes to the oversight of how the people's business is conducted. The legislature further finds that many public servants who expose actions of their government that are contrary to the law or public interest face the potential loss of their careers and livelihoods.
It is the policy of the legislature that employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper governmental actions, and it is the intent of the legislature to protect the rights of state employees making these disclosures. It is also the policy of the legislature that employees should be encouraged to identify rules warranting review or provide information to the rules review committee, and it is the intent of the legislature to protect the rights of these employees.
This act shall be broadly construed in order to effectuate the purpose of this act." [ 2008 c 266 s 1.]
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
(1) An employee shall not directly or indirectly use or attempt to use the employee's official authority or influence for the purpose of intimidating, threatening, coercing, commanding, influencing, or attempting to intimidate, threaten, coerce, command, or influence any individual for the purpose of interfering with the right of the individual to: (a) Disclose to the auditor (or representative thereof) or other public official, as defined in RCW 42.40.020, information concerning improper governmental action; or (b) identify rules warranting review or provide information to the rules review committee.
(2) Nothing in this section authorizes an individual to disclose information otherwise prohibited by law, except to the extent that information is necessary to substantiate the whistleblower complaint, in which case information may be disclosed to the auditor or public official, as defined in RCW 42.40.020, by the whistleblower for the limited purpose of providing information related to the complaint. Any information provided to the auditor or public official under the authority of this subsection may not be further disclosed.
[ 2008 c 266 s 3; 1995 c 403 s 510; 1989 c 284 s 2; 1982 c 208 s 3. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
An employee must make a reasonable attempt to ascertain the correctness of the information furnished and may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing false information as determined by the employee's appointing authority.
[ 1999 c 361 s 2. ]
(1)(a) In order to be investigated, an assertion of improper governmental action must be provided to the auditor or other public official within one year after the occurrence of the asserted improper governmental action. The public official, as defined in RCW 42.40.020, receiving an assertion of improper governmental action must report the assertion to the auditor within fifteen calendar days of receipt of the assertion. The auditor retains sole authority to investigate an assertion of improper governmental action including those made to a public official. A failure of the public official to report the assertion to the auditor within fifteen days does not impair the rights of the whistleblower.
(b) Except as provided under RCW 42.40.910 for legislative and judicial branches of government, the auditor has the authority to determine whether to investigate any assertions received. In determining whether to conduct either a preliminary or further investigation, the auditor shall consider factors including, but not limited to: The nature and quality of evidence and the existence of relevant laws and rules; whether the action was isolated or systematic; the history of previous assertions regarding the same subject or subjects or subject matter; whether other avenues are available for addressing the matter; whether the matter has already been investigated or is in litigation; the seriousness or significance of the asserted improper governmental action; and the cost and benefit of the investigation. The auditor has the sole discretion to determine the priority and weight given to these and other relevant factors and to decide whether a matter is to be investigated. The auditor shall document the factors considered and the analysis applied.
(c) The auditor also has the authority to investigate assertions of improper governmental actions as part of an audit conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an audit.
(2) Subject to subsection (5)(c) of this section, the identity or identifying characteristics of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation. In addition, the identity or identifying characteristics of any person who in good faith provides information in an investigation under this section is confidential at all times, unless the person consents to disclosure by written waiver or by acknowledging his or her identity as a witness who provides information in an investigation.
(3) Upon receiving specific information that an employee has engaged in improper governmental action, the auditor shall, within fifteen working days of receipt of the information, mail written acknowledgment to the whistleblower at the address provided stating whether a preliminary investigation will be conducted. For a period not to exceed sixty working days from receipt of the assertion, the auditor shall conduct such preliminary investigation of the matter as the auditor deems appropriate.
(4) In addition to the authority under subsection (3) of this section, the auditor may, on its own initiative, investigate incidents of improper state governmental action.
(5)(a) If it appears to the auditor, upon completion of the preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower summarizing where the allegations are deficient, and provide a reasonable opportunity to reply. Such notification may be by electronic means.
(b) The written notification shall contain a summary of the information received and of the results of the preliminary investigation with regard to each assertion of improper governmental action.
(c) In any case to which this section applies, the identity or identifying characteristics of the whistleblower shall be kept confidential unless the auditor determines that the information has been provided other than in good faith. If the auditor makes such a determination, the auditor shall provide reasonable advance notice to the employee.
(d) With the agency's consent, the auditor may forward the assertions to an appropriate agency to investigate and report back to the auditor no later than sixty working days after the assertions are received from the auditor. The auditor is entitled to all investigative records resulting from such a referral. All procedural and confidentiality provisions of this chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions were referred.
(6) During the preliminary investigation, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts and laws known at the time and the procedure for the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation. This notification does not limit the auditor from considering additional facts or laws which become known during further investigation.
(a) If it appears to the auditor after completion of the preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower, the subject or subjects of the investigation, and the agency head and either conduct a further investigation or issue a report under subsection (9) of this section.
(b) If the preliminary investigation resulted from an anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement of any additional investigation. The panel shall include a state auditor representative knowledgeable of the subject agency operations, a citizen volunteer, and a representative of the attorney general's office. This group shall be briefed on the preliminary investigation and shall recommend whether the auditor should proceed with further investigation.
(c) If further investigation is to occur, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts known at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation.
(7) Within sixty working days after the preliminary investigation period in subsection (3) of this section, the auditor shall complete the investigation and report its findings to the whistleblower unless written justification for the delay is furnished to the whistleblower, agency head, and subject or subjects of the investigation. In all such cases, the report of the auditor's investigation and findings shall be sent to the whistleblower within one year after the information was filed under subsection (3) of this section.
(8)(a) At any stage of an investigation under this section the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or other evidence relating to the investigation at any designated place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the case of contumacy or failure to obey a subpoena, the superior court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
(b) The auditor may order the taking of depositions at any stage of a proceeding or investigation under this chapter. Depositions shall be taken before an individual designated by the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of the individual taking the deposition and shall be subscribed by the deponent.
(c) Agencies shall cooperate fully in the investigation and shall take appropriate action to preclude the destruction of any evidence during the course of the investigation.
(d) During the investigation the auditor shall interview each subject of the investigation. If it is determined there is reasonable cause to believe improper governmental action has occurred, the subject or subjects and the agency head shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.
(9)(a) If the auditor determines there is reasonable cause to believe an employee has engaged in improper governmental action, the auditor shall report, to the extent allowable under existing public disclosure laws, the nature and details of the activity to:
(i) The subject or subjects of the investigation and the head of the employing agency;
(ii) If appropriate, the attorney general or such other authority as the auditor determines appropriate;
(iii) Electronically to the governor, secretary of the senate, and chief clerk of the house of representatives; and
(iv) Except for information whose release is specifically prohibited by statute or executive order, the public through the public file of whistleblower reports maintained by the auditor.
(b) The auditor has no enforcement power except that in any case in which the auditor submits an investigative report containing reasonable cause determinations to the agency, the agency shall send its plan for resolution to the auditor within fifteen working days of having received the report. The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan. The auditor may require periodic reports of agency action until all resolution has occurred. If the auditor determines that appropriate action has not been taken, the auditor shall report the determination to the governor and to the legislature and may include this determination in the agency audit under chapter 43.09 RCW.
(10) Once the auditor concludes that appropriate action has been taken to resolve the matter, the auditor shall so notify the whistleblower, the agency head, and the subject or subjects of the investigation. If the resolution takes more than one year, the auditor shall provide annual notification of its status to the whistleblower, agency head, and subject or subjects of the investigation.
(11) Failure to cooperate with such audit or investigation, or retaliation against anyone who assists the auditor by engaging in activity protected by this chapter shall be reported as a separate finding with recommendations for corrective action in the associated report whenever it occurs.
(12) This section does not limit any authority conferred upon the attorney general or any other agency of government to investigate any matter.
[ 2008 c 266 s 4; 1999 c 361 s 3; 1992 c 118 s 2; 1989 c 284 s 3; 1982 c 208 s 4. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
(1)(a) Any person who is a whistleblower, as defined in RCW 42.40.020, and who has been subjected to workplace reprisal or retaliatory action is presumed to have established a cause of action for the remedies provided under chapter 49.60 RCW.
(b) For the purpose of this section, "reprisal or retaliatory action" means, but is not limited to, any of the following:
(i) Denial of adequate staff to perform duties;
(ii) Frequent staff changes;
(iii) Frequent and undesirable office changes;
(iv) Refusal to assign meaningful work;
(v) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
(vi) Demotion;
(vii) Reduction in pay;
(viii) Denial of promotion;
(ix) Suspension;
(x) Dismissal;
(xi) Denial of employment;
(xii) A supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower;
(xiii) A change in the physical location of the employee's workplace or a change in the basic nature of the employee's job, if either are in opposition to the employee's expressed wish;
(xiv) Issuance of or attempt to enforce any nondisclosure policy or agreement in a manner inconsistent with prior practice; or
(xv) Any other action that is inconsistent compared to actions taken before the employee engaged in conduct protected by this chapter, or compared to other employees who have not engaged in conduct protected by this chapter.
(2) The agency presumed to have taken retaliatory action under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that there have been a series of documented personnel problems or a single, egregious event, or that the agency action or actions were justified by reasons unrelated to the employee's status as a whistleblower and that improper motive was not a substantial factor.
(3) Nothing in this section prohibits an agency from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. However, the agency also shall implement any order under chapter 49.60 RCW (other than an order of suspension if the agency has terminated the retaliator).
[ 2008 c 266 s 6; 1999 c 283 s 1; 1992 c 118 s 3; 1989 c 284 s 4; 1982 c 208 s 5. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
A written summary of this chapter and procedures for reporting improper governmental actions established by the auditor's office shall be made available by each department or agency of state government to each employee upon entering public employment. Such notices may be in agency internal newsletters, included with paychecks or stubs, sent via electronic mail to all employees, or sent by other means that are cost-effective and reach all employees of the government level, division, or subdivision. Employees shall be notified by each department or agency of state government each year of the procedures and protections under this chapter. The annual notices shall include a list of public officials, as defined in RCW 42.40.020, authorized to receive whistleblower reports. The list of public officials authorized to receive whistleblower reports shall also be prominently displayed in all agency offices.
[ 2008 c 266 s 5; 1989 c 284 s 5; 1982 c 208 s 7. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
The auditor has the authority to contract for any assistance necessary to carry out the provisions of this chapter.
[ 1999 c 361 s 4. ]
The cost of administering this chapter is funded through the auditing services revolving account created in RCW 43.09.410.
[ 1999 c 361 s 5. ]
A whistleblower wishing to provide information under this chapter regarding asserted improper governmental action against the state auditor or an employee of that office shall provide the information to the attorney general who shall act in place of the auditor in investigating and reporting the matter.
[ 1999 c 361 s 6. ]
The office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management. The audit shall be done in accordance with generally accepted government auditing standards beginning with the fiscal year ending June 30, 2001. The audit shall determine at a minimum: Whether the program is acquiring, protecting, and using its resources such as personnel, property, and space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has complied with laws and rules on matters of economy and efficiency. The audit shall also at a minimum determine the extent to which the desired results or benefits established by the legislature are being achieved, the effectiveness of the program, and whether the auditor has complied with significant laws and rules applicable to the program.
The cost of the audit is a cost of operating the program and shall be funded by the auditing services revolving account created by RCW 43.09.410.
[ 1999 c 361 s 8. ]
Chapter 266, Laws of 2008 and chapter 361, Laws of 1999 do not affect the jurisdiction of the legislative ethics board, the executive ethics board, or the commission on judicial conduct, as set forth in chapter 42.52 RCW. The senate, the house of representatives, and the supreme court shall adopt policies regarding the applicability of chapter 42.40 RCW to the senate, house of representatives, and judicial branch.
[ 2008 c 266 s 9; 1999 c 361 s 7. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
It is the policy of the legislature that local government employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper governmental actions of local government officials and employees. The purpose of this chapter is to protect local government employees who make good-faith reports to appropriate governmental bodies and to provide remedies for such individuals who are subjected to retaliation for having made such reports.
[ 1992 c 44 s 1. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)(a) "Improper governmental action" means any action by a local government officer or employee:
(i) That is undertaken in the performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's employment; and
(ii) That is in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.
(b) "Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any action that may be taken under chapter 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.
(2) "Local government" means any governmental entity other than the state, federal agencies, or an operating system established under chapter 43.52 RCW. It includes, but is not limited to cities, counties, school districts, and special purpose districts.
(3) "Retaliatory action" means: (a) Any adverse change in a local government employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action; or (b) hostile actions by another employee towards a local government employee that were encouraged by a supervisor or senior manager or official.
(4) "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.
[ 1994 c 210 s 1; 1992 c 44 s 2. ]
(1) Every local government employee has the right to report to the appropriate person or persons information concerning an alleged improper governmental action.
(2) The governing body or chief administrative officer of each local government shall adopt a policy on the appropriate procedures to follow for reporting such information and shall provide information to their employees on the policy. Local governments are encouraged to consult with their employees on the policy.
(3) The policy shall describe the appropriate person or persons within the local government to whom to report information and a list of appropriate person or persons outside the local government to whom to report. The list shall include the county prosecuting attorney.
(4) Each local government shall permanently post a summary of the procedures for reporting information on an alleged improper governmental action and the procedures for protection against retaliatory actions described in RCW 42.41.040 in a place where all employees will have reasonable access to it. A copy of the summary shall be made available to any employee upon request.
(5) A local government may require as part of its policy that, except in the case of an emergency, before an employee provides information of an improper governmental action to a person or an entity who is not a public official or a person listed pursuant to subsection (3) of this section, the employee shall submit a written report to the local government. Where a local government has adopted such a policy under this section, an employee who fails to make a good faith attempt to follow the policy shall not receive the protections of this chapter.
(6) If a local government has failed to adopt a policy as required by subsection (2) of this section, an employee may report alleged improper government action directly to the county prosecuting attorney or, if the prosecuting attorney or an employee of the prosecuting attorney participated in the alleged improper government action, to the state auditor. The cost incurred by the state auditor in such investigations shall be paid by the local government through the municipal revolving account authorized in RCW 43.09.282.
(7) The identity of a reporting employee shall be kept confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her identity in writing.
[ 1995 c 213 s 1; 1992 c 44 s 3. ]
(1) It is unlawful for any local government official or employee to take retaliatory action against a local government employee because the employee provided information in good faith in accordance with the provisions of this chapter that an improper governmental action occurred.
(2) In order to seek relief under this chapter, a local government employee shall provide a written notice of the charge of retaliatory action to the governing body of the local government that:
(a) Specifies the alleged retaliatory action; and
(b) Specifies the relief requested.
(3) The charge shall be delivered to the local government no later than thirty days after the occurrence of the alleged retaliatory action. The local government has thirty days to respond to the charge of retaliatory action and request for relief.
(4) Upon receipt of either the response of the local government or after the last day upon which the local government could respond, the local government employee may request a hearing to establish that a retaliatory action occurred and to obtain appropriate relief as defined in this section. The request for a hearing shall be delivered to the local government within fifteen days of delivery of the response from the local government, or within fifteen days of the last day on which the local government could respond.
(5) Within five working days of receipt of the request for hearing, the local government shall apply to the state office of administrative hearings for an adjudicative proceeding before an administrative law judge. Except as otherwise provided in this section, the proceedings shall comply with RCW 34.05.410 through 34.05.598.
(6) The employee, as the initiating party, must prove his or her claim by a preponderance of the evidence. The administrative law judge shall issue a final decision consisting of findings of fact, conclusions of law, and judgment no later than forty-five days after the date the request for hearing was delivered to the local government. The administrative law judge may grant specific extensions of time beyond this period of time for rendering a decision at the request of either party upon a showing of good cause, or upon his or her own motion.
(7) Relief that may be granted by the administrative law judge consists of reinstatement, with or without back pay, and such injunctive relief as may be found to be necessary in order to return the employee to the position he or she held before the retaliatory action and to prevent any recurrence of retaliatory action. The administrative law judge may award costs and reasonable attorneys' fees to the prevailing party.
(8) If a determination is made that retaliatory action has been taken against the employee, the administrative law judge may, in addition to any other remedy, impose a civil penalty personally upon the retaliator of up to three thousand dollars payable by each person found to have retaliated against the employee and recommend to the local government that any person found to have retaliated against the employee be suspended with or without pay or dismissed. All penalties recovered shall be paid to the local government administrative hearings account created in RCW 42.41.060.
(9) The final decision of the administrative law judge is subject to judicial review under the arbitrary and capricious standard. Relief ordered by the administrative law judge may be enforced by petition to superior court.
[ 1992 c 44 s 4. ]
(1) A local government official or employee may not use his or her official authority or influence, directly or indirectly, to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee's right to disclose information concerning an improper governmental action in accordance with the provisions of this chapter.
(2) Nothing in this section authorizes an individual to disclose information prohibited by law.
[ 1994 c 210 s 2. ]
Any local government that has adopted or adopts a program for reporting alleged improper governmental actions and adjudicating retaliation resulting from such reporting shall be exempt from this chapter if the program meets the intent of this chapter.
[ 1992 c 44 s 6. ]
The local government administrative hearings account is created in the custody of the state treasurer. All receipts from penalties in RCW 42.41.040 and the surcharges under RCW 43.09.2801 shall be deposited into the account. Expenditures from the account may be used only for administrative hearings under this chapter. Only the chief administrative law judge or his or her designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
[ 1992 c 44 s 7. ]
This chapter shall not be construed to permit disclosures that would diminish the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.
[ 1992 c 44 s 5. ]
Sections 1 through 10 of this act shall take effect January 1, 1993. Section 11 of this act shall take effect July 1, 1992.
[ 1992 c 44 s 13. ]
In this chapter:
(1) "Acknowledgment" means a declaration by an individual in the presence of a notarial officer stating that the individual has signed a record of the individual's free will for the purpose stated in the record and, if the record is signed in a representative capacity, the individual also declares that he or she signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(2) "Department" means the department of licensing.
(3) "Director" means the director of licensing or the director's designee.
(4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(5) "Electronic records notary public" means an individual commissioned by the director to perform a notarial act with respect to electronic records. Nothing in chapter 281, Laws of 2017 authorizes an electronic records notary public to provide court reporting services.
(6) "Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(7) "In a representative capacity" means acting as:
(a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
(c) An agent or attorney-in-fact for a principal; or
(d) An authorized representative of another in any other capacity.
(8) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, certifying the occurrence of an event or the performance of an act, and noting a protest of a negotiable instrument if the protest was prepared under the authority of an attorney licensed to practice law in this state or another state, or was prepared under the authority of a financial institution that is regulated by this state, another state, or the federal government.
(9) "Notarial officer" means a notary public or other individual authorized to perform a notarial act.
(10) "Notary public" means an individual commissioned to perform a notarial act by the director.
(11) "Official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
(12) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in human perceivable form.
(14) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(15) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.
(16) "Stamping device" means:
(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(18) "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
[ 2017 c 281 s 2. ]
(1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.
(2)(a) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse or domestic partner is a party, or in which any of the above have a direct beneficial interest.
(b) A notarial officer may not notarize the notarial officer's own signature.
(c) A notarial act performed in violation of this subsection (2) is voidable.
(3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
[ 2019 c 154 s 2; 2017 c 281 s 4. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
(1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall compare the copy with the original record or item and determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.
(5) A notarial officer may make or note a protest of a negotiable instrument only if the notarial officer is licensed to practice law in this state, acting under the authority of an attorney who is licensed to practice law in this or another state, or acting under the authority of a financial institution regulated by this state, another state, or the federal government. In making or noting a protest of a negotiable instrument the notarial officer or licensed attorney shall determine the matters set forth in RCW 62A.3-505(b).
[ 2017 c 281 s 5. ]
Except as provided in RCW 42.45.280, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
[ 2019 c 154 s 3; 2017 c 281 s 6. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(a) By means of:
(i) A passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or
(ii) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer and who provides satisfactory evidence of his or her identity as described in (a) of this subsection.
(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
[ 2017 c 281 s 7. ]
(1) A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that:
(a) The individual executing the record is competent or has the capacity to execute the record; or
(b) The individual's signature is knowingly and voluntarily made.
(2) A notarial officer has the authority to refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.
[ 2017 c 281 s 8. ]
Except as otherwise provided in RCW 64.08.100, if an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.
[ 2017 c 281 s 9. ]
(1) A notarial act may be performed in this state by:
(a) A notary public of this state;
(b) A judge, clerk, or deputy clerk of a court of this state; or
(c) Any other individual authorized to perform the specific act by the law of this state.
(2) The signature and title of an individual authorized by chapter 281, Laws of 2017 to perform a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) of this section conclusively establishes the authority of the officer to perform the notarial act.
[ 2017 c 281 s 10. ]
(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
(a) A notary public of that state;
(b) A judge, clerk, or deputy clerk of a court of that state; or
(c) Any other individual authorized by the law of that state to perform the notarial act.
(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) through (c) of this section conclusively establishes the authority of the officer to perform the notarial act.
[ 2017 c 281 s 11. ]
(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
(a) A notary public of the tribe;
(b) A judge, clerk, or deputy clerk of a court of the tribe; or
(c) Any other individual authorized by the law of the tribe to perform the notarial act.
(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of a notarial officer described in subsection (1)(a) through (c) of this section conclusively establishes the authority of the officer to perform the notarial act.
[ 2017 c 281 s 12. ]
(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
(a) A judge, clerk, or deputy clerk of a court;
(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(c) An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
(d) Any other individual authorized by federal law to perform the notarial act.
(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(3) The signature and title of an officer described in subsection (1)(a), (b), or (c) of this section conclusively establishes the authority of the officer to perform the notarial act.
[ 2017 c 281 s 13. ]
(1) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe.
(2) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
[ 2017 c 281 s 14. ]
(1) A notarial act must be evidenced by a certificate. The certificate must:
(a) Be executed contemporaneously with the performance of the notarial act;
(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the department;
(c) Identify the jurisdiction in which the notarial act is performed;
(d) Contain the title of office of the notarial officer;
(e) Be written in English or in dual languages, one of which must be English;
(f) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission; and
(g) If the notarial act is performed under RCW 42.45.280, indicate that the notarial act was performed using communication technology.
(2) Regarding notarial act certificates on a tangible record:
(a) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate.
(b) If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be affixed to or embossed on the certificate.
(3) Regarding notarial act certificates on an electronic record:
(a) If a notarial act regarding an electronic record is performed by an electronic records notary public, an official stamp must be attached to or logically associated with the certificate.
(b) If a notarial act regarding an electronic record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be attached to or logically associated with the certificate.
(4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) through (3) of this section and:
(a) Is in a short form set forth in RCW 42.45.140;
(b) Is in a form otherwise permitted by the law of this state;
(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in RCW 42.45.030, 42.45.040, and 42.45.050 or law of this state other than this chapter.
(5) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in RCW 42.45.030, 42.45.040, and 42.45.050.
(6) A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
(7) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the director has established standards pursuant to RCW 42.45.250 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
[ 2019 c 154 s 4; 2017 c 281 s 15. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by RCW 42.45.130 (1) through (4) and 42.45.280:
(1) For an acknowledgment in an individual capacity:
State of .......
County of .......
This record was acknowledged before me on (date) by (name(s) of individuals).
| | . . . . | | | --- | --- | --- | | | (Signature of notary public) | | | (Stamp) | | | | | . . . . | | | | (Title of office) | | | | My commission expires: | | | | | . . . . | | | | (date) |
(2) For an acknowledgment in a representative capacity:
State of .......
County of .......
This record was acknowledged before me on (date) by (name(s) of individuals) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).
| | . . . . | | | --- | --- | --- | | | (Signature of notary public) | | | (Stamp) | | | | | . . . . | | | | (Title of office) | | | | My commission expires: | | | | | . . . . | | | | (date) |
(3) For verification on oath or affirmation:
State of .......
County of .......
Signed and sworn to (or affirmed) before me on (date) by (name(s) of individuals making statement).
| | . . . . | | | --- | --- | --- | | | (Signature of notary public) | | | (Stamp) | | | | | . . . . | | | | (Title of office) | | | | My commission expires: | | | | | . . . . | | | | (date) |
(4) For witnessing or attesting a signature:
State of .......
County of .......
Signed or attested before me on (date) by (name(s) of individuals).
| | . . . . | | | --- | --- | --- | | | (Signature of notary public) | | | (Stamp) | | | | | . . . . | | | | (Title of office) | | | | My commission expires: | | | | | . . . . | | | | (date) |
(5) For certifying or attesting a copy of a record:
State of .......
County of .......
I certify that this is a true and correct copy of a record in the possession of ........
| Dated: | . . . . | | | --- | --- | --- | | | . . . . | | | | (Signature of notary public) | | | (Stamp) | | | | | . . . . | | | | (Title of office) | | | | My commission expires: | | | | | . . . . | | | | (date) |
(6) For certifying the occurrence of an event or the performance of any act:
State of .......
County of .......
I certify that the event described in this document has occurred or been performed.
| Dated: | . . . . | | | --- | --- | --- | | | . . . . | | | | (Signature of notary public) | | | (Stamp) | | | | | . . . . | | | | (Title of office) | | | | My commission expires: | | | | | . . . . | | | | (date) |
[ 2019 c 154 s 5; 2017 c 281 s 16. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
(1) It is unlawful for any person intentionally to manufacture, give, sell, procure, or possess a seal or stamp evidencing the current appointment of a person as a notary public until the director has issued a notary commission. The official seal or stamp of a notary public must include:
(a) The words "notary public";
(b) The words "state of Washington";
(c) The notary public's name as commissioned;
(d) The notary public's commission expiration date; and
(e) Any other information required by the director.
(2) The size and form or forms of the seal or stamp shall be prescribed by the director in rule.
(3) The seal or stamp must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
(4) The seal or stamp used at the time that a notarial act is performed must be the seal or stamp evidencing the notary public's commission in effect as of such time, even if the notary public has received the seal or stamp evidencing his or her next commission.
[ 2017 c 281 s 17. ]
(1) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
(2) The seal or stamp should be kept in a locked and secured area, under the direct and exclusive control of the notary public. If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify promptly the department on discovering that the device is lost or stolen. Any replacement device must contain a variance from the lost or stolen seal or stamp.
[ 2017 c 281 s 18. ]
(1) The director may establish by rule the maximum fees that may be charged by notaries public for various notarial services.
(2) A notary public need not charge fees for notarial acts.
[ 2017 c 281 s 19. ]
(1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal. The journal is to be destroyed as required by the director in rule upon completion of the ten-year period.
(2) Notwithstanding any other provision of this chapter requiring a notary public to maintain a journal, a notary public who is an attorney licensed to practice law in this state is not required to chronicle a notarial act in a journal if documentation of the notarial act is otherwise maintained by professional practice.
(3) A notary public shall maintain only one tangible journal at a time to chronicle notarial acts, whether those notarial acts are performed regarding tangible or electronic records. The journal must be a permanent, bound register with numbered pages. An electronic records notary public may also maintain an electronic format journal, which can be kept concurrently with the tangible journal. The electronic journal must be in a permanent, tamper-evident electronic format complying with the rules of the director.
(4) An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
(a) The date and time of the notarial act;
(b) A description of the record, if any, and type of notarial act;
(c) The full name and address of each individual for whom the notarial act is performed; and
(d) Any additional information as required by the director in rule.
(5) The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary public. Failure to secure the journal may be cause for the director to take administrative action against the commission held by the notary public. If a notary public's journal is lost or stolen, the notary public promptly shall notify the department on discovering that the journal is lost or stolen.
(6) On resignation from, or the revocation or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (1) of this section and inform the department where the journal is located.
[ 2017 c 281 s 20. ]
(1) A notary public may not perform notarial acts with respect to electronic records unless the notary public holds a commission as an electronic records notary public.
(2) An electronic records notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records that meet the standards provided in subsection (4) of this section. A person cannot require an electronic records notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(3) Before an electronic records notary public performs the notary public's initial notarial act with respect to an electronic record, an electronic records notary public shall notify the department that he or she will be performing notarial acts with respect to electronic records and identify the technology the electronic records notary public intends to use.
(4) The director shall establish standards for approval of technology in rule. If the technology conforms to the standards, the director shall approve the use of the technology.
[ 2017 c 281 s 21. ]
(1) An individual qualified under subsection (2) of this section may apply to the director for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the director and pay any application fee.
(2) An applicant for a commission as a notary public must:
(a) Be at least eighteen years of age;
(b) Be a resident of or have a place of employment or practice in this state;
(c) Be able to read and write English; and
(d) Not be disqualified to receive a commission under RCW 42.45.210.
(3) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the department in the format prescribed by the director in rule.
(4) Before issuance of a commission as a notary public, the applicant for a commission shall submit to the director an assurance in the form of a surety bond in the amount established by the director in rule. The assurance must be issued by a surety or other entity licensed or authorized to write surety bonds in this state. The assurance must be effective for a four-year term or for a term that expires on the date the notary public's commission expires. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the director. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give at least thirty days' notice to the department before canceling the assurance. The surety or issuing entity shall notify the department not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the department.
(5) On compliance with this section, the director shall issue a commission as a notary public to an applicant for a term of four years or for a term that expires on the date of expiration of the assurance, whichever comes first.
(6) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
(7) An individual qualified under (a) of this subsection may apply to the director for a commission as an electronic records notary public. The applicant shall comply with and provide the information required by rules established by the director and pay the relevant application fee.
(a) An applicant for a commission as an electronic records notary public must hold a commission as notary public.
(b) An electronic records notary public commission may take the form of an endorsement to the notary public commission if deemed appropriate by the director.
[ 2024 c 50 s 10; 2017 c 281 s 22. ]
NOTES:
Effective date—2024 c 50: See note following RCW 18.415.010.
(1) In addition to conduct defined as unprofessional under RCW 18.235.130, the director may take action as provided for in RCW 18.235.110 against a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(a) Failure to comply with this chapter;
(b) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the department;
(c) A conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit;
(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;
(e) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the director, or any federal or state law;
(f) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have;
(g) Violation by the notary public of a rule of the director regarding a notary public;
(h) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state;
(i) Failure of the notary public to maintain an assurance as provided in RCW 42.45.200(4); or
(j) Making or noting a protest of a negotiable instrument without being a person authorized by RCW 42.45.030(5).
(2) If the director denies, refuses to renew, revokes, suspends, imposes conditions, or otherwise sanctions, a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 34.05 RCW.
(3) The authority of the director to take disciplinary action on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
[ 2017 c 281 s 23. ]
The director shall maintain an electronic database of notaries public:
(1) Through which a person may verify the authority of a notary public to perform notarial acts; and
(2) Which indicates whether a notary public has notified the director that the notary public will be performing notarial acts on electronic records.
[ 2017 c 281 s 24. ]
(1) A commission as a notary public does not authorize an individual to:
(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
(b) Act as an immigration consultant or an expert on immigration matters;
(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters;
(d) Receive compensation for performing any of the activities listed in this subsection; or
(e) Provide court reporting services.
(2) A notary public may not engage in false or deceptive advertising.
(3) A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not use the term "notario" or "notario publico."
(4) A notary public, other than an attorney licensed to practice law in this state or a limited license legal technician acting within the scope of his or her license, may not assist another person in selecting the appropriate certificate required by RCW 42.45.130.
(5) A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the director, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(6) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. A notary public may not maintain copies or electronic images of documents notarized unless the copies or images are maintained by an attorney or Washington-licensed limited license legal technician acting within his or her scope of practice for the performance of legal services or for other services performed for the client and the copies or images are not maintained solely as part of the notary transaction.
[ 2017 c 281 s 25. ]
Except as otherwise provided in RCW 42.45.020(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. Nothing in chapter 281, Laws of 2017 gives the director authority to invalidate a notarial act.
[ 2017 c 281 s 26. ]
(1) The director may adopt rules necessary to implement this chapter.
(2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the director shall consider standards, practices, and customs of other jurisdictions that substantially enact this chapter.
[ 2017 c 281 s 27. ]
A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after July 1, 2018, shall comply with this chapter.
[ 2017 c 281 s 28. ]
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2017 c 281 s 32. ]
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Communication technology" means an electronic device or process that:
(i) Allows an electronic records notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(ii) When necessary under and consistent with other applicable law, facilitates communication with a remotely located individual with a vision, hearing, or speech impairment.
(b) "Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
(c) "Identity proofing" means a process or service by which a third person provides an electronic records notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(d) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(e) "Remotely located individual" means an individual who is not in the physical presence of the electronic records notary public who performs a notarial act under subsection (3) of this section.
(2) A remotely located individual complies with RCW 42.45.040 by using communication technology to appear before an electronic records notary public.
(3) An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
(a) The electronic records notary public:
(i) Has personal knowledge under RCW 42.45.050(1) of the identity of the remotely located individual;
(ii) Has satisfactory evidence of the identity of the remotely located individual by a verification on oath or affirmation of a credible witness appearing before and identified by the electronic records notary public under RCW 42.45.050(2); or
(iii) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(b) The electronic records notary public is reasonably able to confirm that a record before the electronic records notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(c) The electronic records notary public, or a person acting on behalf of the electronic records notary public, creates an audiovisual recording of the performance of the notarial act; and
(d) For a remotely located individual located outside the United States:
(i) The record:
(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(ii) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(4) If a notarial act is performed under this section, the certificate of notarial act required by RCW 42.45.130 and the short form certificate provided in RCW 42.45.140 must indicate that the notarial act was performed using communication technology.
(5) A short form certificate provided in RCW 42.45.140 for a notarial act subject to this section is sufficient if it:
(a) Complies with rules adopted under subsection (8)(a) of this section; or
(b) Is in the form provided by RCW 42.45.140 and contains a statement substantially as follows: "This notarial act involved the use of communication technology."
(6) An electronic records notary public, a guardian, conservator, or agent of an electronic records notary public, or a personal representative of a deceased electronic records notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of this section, the recording must be retained for a period of at least ten years after the recording is made.
(7) Before an electronic records notary public performs the electronic records notary public's initial notarial act under this section, the electronic records notary public must notify the director that the electronic records notary public will be performing notarial acts and identify the technologies the electronic records notary public intends to use. If the director has established standards under subsection (8) of this section and RCW 42.45.250 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
(8) In addition to adopting rules under RCW 42.45.250, the director may adopt rules under this section regarding performance of a notarial act. The rules may:
(a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(b) Establish standards for communication technology and identity proofing;
(c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and
(d) Establish standards and a period for the retention of an audiovisual recording created under subsection (3)(c) of this section.
(9) Before adopting, amending, or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the director must consider:
(a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual adopted by national standard-setting organizations and the recommendations of the national association of secretaries of state;
(b) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
(c) The views of governmental officials and entities and other interested persons.
[ 2019 c 154 s 1. ]
NOTES:
Effective date—2019 c 154: "This act takes effect October 1, 2020." [ 2019 c 154 s 10.]
PDFRCW 42.45.280
Electronic records notary public. (Effective January 1, 2027.)
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Communication technology" means an electronic device or process that:
(i) Allows an electronic records notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(ii) When necessary under and consistent with other applicable law, facilitates communication with a remotely located individual with a vision, hearing, or speech impairment.
(b) "Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
(c) "Identity proofing" means a process or service by which a third person provides an electronic records notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(d) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(e) "Remotely located individual" means an individual who is not in the physical presence of the electronic records notary public who performs a notarial act under subsection (3) of this section.
(2) A remotely located individual complies with RCW 42.45.040 by using communication technology to appear before an electronic records notary public.
(3) An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
(a) The electronic records notary public:
(i) Has personal knowledge under RCW 42.45.050(1) of the identity of the remotely located individual;
(ii) Has satisfactory evidence of the identity of the remotely located individual by a verification on oath or affirmation of a credible witness appearing before and identified by the electronic records notary public under RCW 42.45.050(2); or
(iii) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(b) The electronic records notary public is reasonably able to confirm that a record before the electronic records notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(c) The electronic records notary public, or a person acting on behalf of the electronic records notary public, creates an audiovisual recording of the performance of the notarial act; and
(d) For a remotely located individual located outside the United States:
(i) The record:
(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(ii) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(4) An electronic records notary public located in this state may use communication technology under subsection (3) of this section to take an acknowledgment of a signature on a tangible record physically present before the electronic records notary public if the tangible record is displayed to and identified by the remotely located individual during the audiovisual recording under subsection (3)(c) of this section.
(5) The requirement under subsection (3)(b) of this section for the performance of a notarial act with respect to a tangible record not physically present before the electronic records notary public is satisfied if:
(a) The remotely located individual:
(i) During the audiovisual recording under subsection (3)(c) of this section, signs:
(A) The tangible record; and
(B) A declaration, in substantially the following form, that is part of or securely attached to the tangible record:
I declare under penalty of perjury that the tangible record of which this declaration is a part or to which it is attached is the same tangible record on which (name of electronic records notary public), an electronic records notary public, performed a notarial act and before whom I appeared by means of communication technology on (date).
. . .
Signature of remotely located individual
. . .
Printed name of remotely located individual; and
(ii) Sends the tangible record and declaration to the electronic records notary public not later than three days after the notarial act was performed; and
(b) The electronic records notary public:
(i) In the audiovisual recording under subsection (3)(c) of this section, records the individual signing the tangible record and declaration; and
(ii) After receipt of the tangible record and declaration from the individual, executes a certificate of notarial act under RCW 42.45.130, which must include a statement in substantially the following form:
I (name of electronic records notary public) witnessed, by means of communication technology, (name of remotely located individual) sign the attached tangible record and declaration on (date).
(6) A notarial act performed in compliance with subsection (5) of this section complies with RCW 42.45.130(1)(a) and is effective on the date the remotely located individual signed the declaration under subsection (5)(a)(i)(B) of this section.
(7) An electronic records notary public located in this state may use communication technology under subsection (3) of this section to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other law of this state, the electronic records notary public:
(a) Identifies the individual under subsection (3)(a) of this section;
(b) Creates or causes the creation under subsection (3)(c) of this section of an audiovisual recording of the individual taking the oath or affirmation; and
(c) Retains or causes the retention under subsection (10) of this section of the recording.
(8) If a notarial act is performed under this section, the certificate of notarial act required by RCW 42.45.130 and the short form certificate provided in RCW 42.45.140 must indicate that the notarial act was performed using communication technology.
(9) A short form certificate provided in RCW 42.45.140 for a notarial act subject to this section is sufficient if it:
(a) Complies with rules adopted under subsection (12)(a) of this section; or
(b) Is in the form provided by RCW 42.45.140 and contains a statement substantially as follows: "This notarial act involved the use of communication technology."
(10) An electronic records notary public, a guardian, conservator, or agent of an electronic records notary public, or a personal representative of a deceased electronic records notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (12)(d) of this section, the recording must be retained for a period of at least ten years after the recording is made.
(11) Before an electronic records notary public performs the electronic records notary public's initial notarial act under this section, the electronic records notary public must notify the director that the electronic records notary public will be performing notarial acts and identify the technologies the electronic records notary public intends to use. If the director has established standards under subsection (12) of this section and RCW 42.45.250 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
(12) In addition to adopting rules under RCW 42.45.250, the director may adopt rules under this section regarding performance of a notarial act. The rules may:
(a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(b) Establish standards for communication technology and identity proofing;
(c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing;
(d) Establish standards and a period for the retention of an audiovisual recording created under subsection (3)(c) of this section; and
(e) Prescribe methods for an electronic records notary public to confirm under subsections (4) and (5) of this section the identity of a tangible record.
(13) Before adopting, amending, or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the director must consider:
(a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual adopted by national standard-setting organizations and the recommendations of the national association of secretaries of state;
(b) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
(c) The views of governmental officials and entities and other interested persons.
(14) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording under subsection (3)(c) of this section, the provider of the communication technology, identity proofing, or storage appoints the director as the provider's agent for service of process in any civil action in this state related to the notarial act.
[ 2026 c 21 s 1; 2019 c 154 s 1.]
Effective date—2026 c 21: "This act takes effect January 1, 2027." [ 2026 c 21 s 2.]
Effective date—2019 c 154: "This act takes effect October 1, 2020." [ 2019 c 154 s 10.]
This chapter may be known and cited as the 2018 revised uniform law on notarial acts.
[ 2019 c 154 s 6; 2017 c 281 s 1. ]
NOTES:
Effective date—2019 c 154: See note following RCW 42.45.280.
This chapter applies to a notarial act performed on or after July 1, 2018.
[ 2017 c 281 s 3. ]
This chapter does not affect the validity or effect of a notarial act performed before July 1, 2018.
[ 2017 c 281 s 29. ]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2017 c 281 s 30. ]
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2017 c 281 s 31. ]
This act takes effect July 1, 2018.
[ 2017 c 281 s 44. ]
For the purposes of this chapter, the following definitions apply:
(1) "Individually identifiable" means that a record contains information which reveals or can likely be associated with the identity of the person or persons to whom the record pertains.
(2) "Legally authorized representative" means a person legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent adult.
(3) "Personal record" means any information obtained or maintained by a state agency which refers to a person and which is declared exempt from public disclosure, confidential, or privileged under state or federal law.
(4) "Research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other scientific investigation carried out by a state agency, by a scientific research professional associated with a bona fide scientific research organization, or by a graduate student currently enrolled in an advanced academic degree curriculum, with an objective to contribute to scientific knowledge, the solution of social and health problems, or the evaluation of public benefit and service programs. This definition excludes methods of record analysis and data collection that are subjective, do not permit replication, and are not designed to yield reliable and valid results.
(5) "Research record" means an item or grouping of information obtained for the purpose of research from or about a person or extracted for the purpose of research from a personal record.
(6) "State agency" means: (a) The department of social and health services; (b) the department of corrections; (c) the department of health; or (d) the department of children, youth, and families.
[ 2019 c 88 s 1; 2018 c 58 s 20; 2007 c 17 s 6; 1989 1st ex.s. c 9 s 207; 1985 c 334 s 1. ]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
(1) A state agency may authorize or provide access to or provide copies of an individually identifiable personal record for research purposes if informed written consent for the disclosure has been given to the appropriate department secretary, or the president of the institution, as applicable, or his or her designee, by the person to whom the record pertains or, in the case of minors and legally incompetent adults, the person's legally authorized representative.
(2) A state agency may authorize or provide access to or provide copies of an individually identifiable personal record for research purposes without the informed consent of the person to whom the record pertains or the person's legally authorized representative, only if:
(a) The state agency adopts research review and approval rules including, but not limited to, the requirement that the appropriate department secretary, or the president of the institution, as applicable, appoint a standing human research review board competent to review research proposals as to ethical and scientific soundness; and the review board determines that the disclosure request has scientific merit and is of importance in terms of the agency's program concerns, that the research purposes cannot be reasonably accomplished without disclosure of the information in individually identifiable form and without waiver of the informed consent of the person to whom the record pertains or the person's legally authorized representative, that disclosure risks have been minimized, and that remaining risks are outweighed by anticipated health, safety, or scientific benefits; and
(b) The disclosure does not violate federal law or regulations; and
(c) The state agency negotiates with the research professional receiving the records or record information a written and legally binding confidentiality agreement prior to disclosure. The agreement shall:
(i) Establish specific safeguards to assure the continued confidentiality and security of individually identifiable records or record information;
(ii) Ensure that the research professional will report or publish research findings and conclusions in a manner that does not permit identification of the person whose record was used for the research. Final research reports or publications shall not include photographs or other visual representations contained in personal records;
(iii) Establish that the research professional will destroy the individual identifiers associated with the records or record information as soon as the purposes of the research project have been accomplished and notify the agency to this effect in writing;
(iv) Prohibit any subsequent disclosure of the records or record information in individually identifiable form except as provided in RCW 42.48.040; and
(v) Provide for the signature of the research professional, of any of the research professional's team members who require access to the information in identified form, and of the agency official authorized to approve disclosure of identifiable records or record information for research purposes.
[ 1985 c 334 s 2. ]
In addition to the copying charges provided in RCW 42.56.120, 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.
[ 2005 c 274 s 291; 1985 c 334 s 3. ]
No research professional who has established an individually identifiable research record from personal record information pursuant to RCW 42.48.020(2), or who has established a research record from data or information voluntarily provided by an agency client or employee under a written confidentiality assurance for the explicit purpose of research, may disclose such a record in individually identifiable form unless:
(1) The person to whom the research record pertains or the person's legally authorized representative has given prior informed written consent for the disclosure; or
(2) The research professional reasonably believes that disclosure will prevent or minimize injury to a person and the disclosure is limited to information necessary to protect the person who has been or may be injured, and the research professional reports the disclosure only to the person involved or the person's guardian, the person's physician, and the agency; or
(3)(a) The research record is disclosed in individually identifiable form for the purposes of auditing or evaluating a research program; and
(b) The audit or evaluation is authorized or required by federal or state law or regulation or is based upon an explicit provision in a research contract, grant, or other written research agreement; and
(c) No subsequent disclosure of the research record in individually identifiable form will be made by the auditor or evaluator except as provided in this section; or
(4) The research record is furnished in compliance with a search warrant or court order: PROVIDED, That:
(a) The court issues the search warrant or judicial subpoena concerning the research record solely for the purpose of facilitating inquiry into an alleged violation of law by the research professional using the record for a research purpose or by the agency; and
(b) Any research record obtained pursuant to (a) of this subsection and any information directly or indirectly derived from the research record shall remain confidential to the extent possible and shall not be used as evidence in an administrative, judicial, or legislative proceeding except against the research professional using the record for a research purpose or against the state agency.
[ 1985 c 334 s 4. ]
Unauthorized disclosure, whether wilful or negligent, by a research professional who has obtained an individually identifiable personal record or record information from a state agency pursuant to RCW 42.48.020(2) is a gross misdemeanor. In addition, violation of any provision of this chapter by the research professional or the state agency may subject the research professional or the agency to a civil penalty of not more than ten thousand dollars for each such violation.
[ 1985 c 334 s 5. ]
Nothing in this chapter is applicable to, or in any way affects, the powers and duties of the state auditor or the joint legislative audit and review committee.
[ 1996 c 288 s 34; 1985 c 334 s 6. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state government. "Agency" includes all elective offices, the state legislature, those institutions of higher education created and supported by the state government, and those courts that are parts of state government. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
(2) "Appearance" means the act of performing or participating in an event.
(3) "Assist" means to act, or offer or agree to act, in such a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the action is of help, aid, advice, or assistance to the person and with intent so to assist such person.
(4) "Beneficial interest" means a financial interest in a contract, sale, lease, purchase, or grant to which an individual subject to the act is not a party, but is an owner of an entity that is a party. An ownership interest of less than 10 percent of an entity is not a beneficial interest. However, an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests.
[(5)] "Charitable association, institution, or organization" means any entity that provides services beneficial to the public to an open class of people.
(6) "Civic organization" means a nonprofit group relating to the duties or activities of people in relation to their town, city, or local area.
(7) "Community organization" means an organization aimed at making desired improvements to a community's social health, well-being, and overall functioning.
(8) "Compensation" means anything of economic value, however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in consideration of, personal services to any person.
(9) "Confidential information" means (a) specific information, rather than generalized knowledge, that is not available to the general public on request or (b) information made confidential by law.
(10) "Contract" or "grant" means an agreement between two or more persons that creates an obligation to do or not to do a particular thing. "Contract" or "grant" includes, but is not limited to, an employment contract, a lease, a license, a purchase agreement, or a sales agreement.
(11) "Emergency" means a serious, unexpected, and often dangerous situation requiring immediate action.
(12) "Ethics boards" means the commission on judicial conduct, the legislative ethics board, and the executive ethics board.
(13) "Extraordinary award" means a national, state, or local award with very few recipients that is sufficiently infrequent to be noteworthy to a reasonable person.
(14) "Family" has the same meaning as "immediate family" in RCW 29B.10.280.
(15) "Federal holiday" means the legal public holidays provided in 5 U.S.C. Sec. 6103(a), as it existed on January 1, 2026.
(16) "Head of agency" means the chief executive officer of an agency. In the case of an agency headed by a commission, board, committee, or other body consisting of more than one natural person, agency head means the person or board authorized to appoint agency employees and regulate their conduct.
(17) "Honorarium" means money or thing of value offered to a state officer or state employee for a speech, appearance, article, or similar item or activity in connection with the state officer's or state employee's official role.
(18) "Institution of higher education" has the same meaning as in RCW 28B.10.016.
(19) "Lobbying the legislature" means attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington.
(20) "Official duty" means those duties within the specific scope of employment of the state officer or state employee as defined by the officer's or employee's agency or by statute or the state Constitution.
(21) "Official position" means holding an office or having authority.
(22) "Participate" means to participate in state action or a proceeding personally and substantially as a state officer or state employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise but does not include preparation, consideration, or enactment of legislation or the performance of legislative duties.
(23) "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit.
(24) "Regulatory agency" means any state board, commission, department, or officer, except those in the legislative or judicial branches, authorized by law to conduct adjudicative proceedings, issue permits or licenses, or to control or affect interests of identified persons.
(25) "Responsibility" in connection with a transaction involving the state, means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or through subordinates, effectively to approve, disapprove, or otherwise direct state action in respect of such transaction.
(26) "State action" means any action on the part of an agency, including, but not limited to:
(a) A decision, determination, finding, ruling, or order; and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.
(27) "State employee" means an individual who is employed by an agency in any branch of state government. For purposes of this chapter, employees of the superior courts are not state officers or state employees.
(28) "State officer" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state. "State officer" includes judges of the superior court, judges of the court of appeals, justices of the supreme court, members of the legislature together with the secretary of the senate and the chief clerk of the house of representatives, holders of elective offices in the executive branch of state government, chief executive officers of state agencies, members of boards, commissions, or committees with authority over one or more state agencies or institutions, and employees of the state who are engaged in supervisory, policy-making, or policy-enforcing work. For the purposes of this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a state officer.
(29) "Thing of economic value," in addition to its ordinary meaning, includes:
(a) A loan, property interest, interest in a contract or other chose in action, and employment or another arrangement involving a right to compensation;
(b) An option, irrespective of the conditions to the exercise of the option; and
(c) A promise or undertaking for the present or future delivery or procurement.
(30)(a) "Transaction involving the state" means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the state officer, state employee, or former state officer or state employee in question believes, or has reason to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial proprietary interest.
(b) "Transaction involving the state" does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the state that is the basis for the claim, case, or lawsuit.
(31) "University" includes "state universities" and "regional universities" as defined in RCW 28B.10.016 and also includes any research or technology institute affiliated with a university.
(32) "University research employee" means a state officer or state employee employed by a university, but only to the extent the state officer or state employee is engaged in research, technology transfer, approved consulting activities related to research and technology transfer, or other incidental activities.
[ 2025 c 377 s 2; (2025 c 377 s 1 expired January 1, 2026); 2024 c 164 s 513. Prior: 2022 c 173 s 1; 2022 c 71 s 15; prior: 2011 c 60 s 28; 2005 c 106 s 1; 1998 c 7 s 1; 1996 c 213 s 1; 1994 c 154 s 101. ]
NOTES:
Effective date—2025 c 377 ss 2, 10, 14, 22, 24, 26, and 28: "Sections 2, 10, 14, 22, 24, 26, and 28 of this act take effect January 1, 2026." [ 2025 c 377 s 31.]
Expiration date—2025 c 377 ss 1, 9, 13, 21, 23, 25, and 27: "Sections 1, 9, 13, 21, 23, 25, and 27 of this act expire January 1, 2026." [ 2025 c 377 s 30.]
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Findings—Intent—2022 c 71: See note following RCW 28B.10.930.
Effective date—2011 c 60: See note following RCW 29B.20.030.
(1) No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or state employee's official duties.
(2) This section does not apply to activities conducted by legislative employees authorized under RCW 44.90.110.
[ 2024 c 333 s 20; 1996 c 213 s 2; 1994 c 154 s 102. ]
NOTES:
Effective date—2024 c 333: See note following RCW 44.90.025.
(1) No state officer or state employee, except as provided in subsection (2) of this section, may have a beneficial interest in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of the officer or employee, in whole or in part, or accept any compensation, gratuity, or reward from any other person who has a beneficial interest in the contract, sale, lease, purchase, or grant.
(2) No state officer or state employee may participate in a transaction involving the state in his or her official capacity with a person of which the officer or employee is an officer, agent, employee, or member, or in which the officer or employee owns a beneficial interest, except that an officer or employee of an institution of higher education may serve as an officer, agent, employee, or member, or on the board of directors, board of trustees, advisory board, or committee or review panel for any nonprofit institute, foundation, or fund-raising entity; and may serve as a member of an advisory board, committee, or review panel for a governmental or other nonprofit entity.
[ 2025 c 377 s 3; 2005 c 106 s 2; 1996 c 213 s 3; 1994 c 154 s 103. ]
(1) Except in the course of official duties or incident to official duties, no state officer or state employee may assist another person, directly or indirectly, whether or not for compensation, in a transaction involving the state:
(a) In which the state officer or state employee has at any time participated; or
(b) If the transaction involving the state is or has been under the official responsibility of the state officer or state employee within a period of two years preceding such assistance.
(2) No state officer or state employee may share in compensation received by another for assistance that the officer or employee is prohibited from providing under subsection (1) or (3) of this section.
(3) A business entity of which a state officer or state employee is a partner, managing officer, or employee shall not assist another person in a transaction involving the state if the state officer or state employee is prohibited from doing so by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state employee from assisting, in a transaction involving the state:
(a) The state officer's or state employee's parent, spouse or domestic partner, or child, or a child thereof for whom the officer or employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, if the state officer or state employee did not participate in the transaction; or
(b) Another state employee involved in disciplinary or other personnel administration proceedings.
[ 2008 c 6 s 203; 1994 c 154 s 104. ]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
(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 42.56 RCW, 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.
[ 2005 c 274 s 292; 1996 c 213 s 4; 1994 c 154 s 105. ]
This chapter does not prevent a state officer or state employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt.
[ 1994 c 154 s 106. ]
(1) Except as required to perform duties within the scope of employment, no state officer or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons.
(2) For purposes of this section, and only as applied to legislators and employees under the jurisdiction of the legislative ethics board, activities within the scope of employment include but are not limited to duties enumerated in law and activities that have a tangible legislative nexus as described in RCW 42.52.175.
(3) For purposes of this section, and only as applied to legislators and employees of the legislative branch, "special privileges" includes, but is not limited to, engaging in behavior that constitutes harassment. As used in this section:
(a) "Harassment" means engaging in physical, verbal, visual, or psychological conduct that:
(i) Has the purpose or effect of interfering with the person's work performance;
(ii) Creates a hostile, intimidating, or offensive work environment; or
(iii) Constitutes sexual harassment.
(b) "Sexual harassment" means unwelcome or unwanted sexual advances, requests for sexual or romantic favors, sexually motivated bullying, or other verbal, visual, physical, or psychological conduct or communication of a sexual or romantic nature, when:
(i) Submission to the conduct or communication is either explicitly or implicitly a term or condition of current or future employment;
(ii) Submission to or rejection of the conduct or communication is used as the basis of an employment decision affecting the person; or
(iii) The conduct or communication unreasonably interferes with the person's job performance or creates a work environment that is hostile, intimidating, or offensive.
[ 2025 c 377 s 4; 2022 c 37 s 1; 2019 c 383 s 1; 1994 c 154 s 107. ]
(1) No former state officer or state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from an employer if:
(a) The officer or employee, during the two years immediately preceding termination of state employment, was engaged in the negotiation or administration on behalf of the state or agency of one or more contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration;
(b) Such a contract or contracts have a total value of more than ten thousand dollars; and
(c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prohibit a state officer or state employee from accepting employment with a state employee organization.
(2) No person who has served as a state officer or state employee may, within a period of two years following the termination of state employment, have a beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former state officer or state employee participated.
(3) No former state officer or state employee may accept an offer of employment or receive compensation from an employer if the officer or employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, to influence the officer or employee or as compensation or reward for the performance or nonperformance of a duty by the officer or employee during the course of state employment.
(4) No former state officer or state employee may accept an offer of employment or receive compensation from an employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation given, for the purpose of influencing the performance or nonperformance of duties by the officer or employee during the course of state employment.
(5) No former state officer or state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the former state officer or state employee at any time participated during state employment. This subsection shall not be construed to prohibit any employee or officer of a state employee organization from rendering assistance to state officers or state employees in the course of employee organization business.
(6) As used in this section, "employer" means a person as defined in RCW 42.52.010 or any other entity or business that the person owns or in which the person has a controlling interest. For purposes of subsection (1) of this section, the term "employer" does not include a successor organization to the rural development council under chapter 43.31 RCW.
[ 2025 c 377 s 5; 1999 c 299 s 3; 1994 c 154 s 108. ]
This chapter shall not be construed to prevent a former state officer or state employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:
(1) Providing the names, addresses, and telephone numbers of state agencies or state employees;
(2) Providing free transportation to another for the purpose of conducting business with a state agency;
(3) Assisting an individual or nonprofit corporation in obtaining or completing application forms or other forms required by a state agency for the conduct of a state business; or
(4) Providing assistance to the poor and infirm.
[ 2025 c 377 s 6; 1994 c 154 s 109. ]
(1) The head of an agency, upon finding that any former state officer or state employee of such agency or any other person has violated any provision of this chapter or rules adopted under it, may, in addition to any other powers the head of such agency may have, bar or impose reasonable conditions upon:
(a) The appearance before such agency of such former state officer or state employee or other person; and
(b) The conduct of, or negotiation or competition for, business with such agency by such former state officer or state employee or other person, such period of time as may reasonably be necessary or appropriate to effectuate the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b) of this section shall be made on record after notice and hearing, conducted in accordance with the Washington Administrative Procedure Act, chapter 34.05 RCW. Such findings and orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches of government.
[ 1994 c 154 s 110; 1969 ex.s. c 234 s 27. Formerly RCW 42.18.270. ]
No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by law except: (1) The state of Washington; or (2) in the case of officers or employees of institutions of higher education, a governmental entity, an agency or instrumentality of a governmental entity, or a nonprofit corporation organized for the benefit and support of the state employee's agency or other state agencies pursuant to an agreement with the state employee's agency.
[ 2025 c 377 s 7; 1996 c 213 s 5; 1994 c 154 s 111. ]
(1) No state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her official duties. The prohibition in this subsection does not apply where the state officer or state employee has met each of the following conditions:
(a) The contract or grant is bona fide and actually performed;
(b) The performance or administration of the contract or grant is not within the course of the officer's or employee's official duties, or is not under the officer's or employee's official supervision;
(c) The performance of the contract or grant is not prohibited by RCW 42.52.040 or by applicable laws or rules governing outside employment for the officer or employee;
(d) The contract or grant is neither performed for nor compensated by any person from whom such officer or employee would be prohibited by RCW 42.52.150(6) from receiving a gift;
(e) The contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity;
(f) The contract or grant would not require unauthorized disclosure of confidential information.
(2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may have a beneficial interest in a grant or contract or a series of substantially identical contracts or grants with a state agency only if:
(a) The contract or grant is awarded or issued as a result of an open and competitive bidding process in which more than one bid or grant application was received; or
(b) The contract or grant is awarded or issued as a result of an open and competitive bidding or selection process in which the officer's or employee's bid or proposal was the only bid or proposal received and the officer or employee has been advised by the appropriate ethics board, before execution of the contract or grant, that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties; or
(c) The process for awarding the contract or issuing the grant is not open and competitive, but the officer or employee has been advised by the appropriate ethics board after the contract or grant has been awarded that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties.
(3) A state officer or state employee awarded a contract or issued a grant in compliance with subsection (2) of this section shall file the contract or grant with the appropriate ethics board within thirty days after the date of execution; however, if proprietary formulae, designs, drawings, or research are included in the contract or grant, the proprietary formulae, designs, drawings, or research may be deleted from the contract or grant filed with the appropriate ethics board.
(4) This section does not prevent a state officer or state employee from receiving compensation contributed from the treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality, or the United States and the officer's or employee's agency. This section does not prohibit a state officer or state employee from serving or performing any duties under an employment contract with a governmental entity.
(5) As used in this section, "officer" and "employee" do not include officers and employees who, in accordance with the terms of their employment or appointment, are serving without compensation from the state of Washington or are receiving from the state only reimbursement of expenses incurred or a predetermined allowance for such expenses.
[ 2025 c 377 s 8; 1997 c 318 s 1; 1996 c 213 s 6; 1994 c 154 s 112. ]
(1) No state officer or state employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state employee.
(2) An agency may not permit honoraria under the following circumstances:
(a) The person offering the honorarium is seeking or is reasonably expected to seek contractual relations with or a grant from the employer of the state officer or state employee, and the officer or employee is in a position to participate in the terms or the award of the contract or grant;
(b) The person offering the honorarium is regulated by the employer of the state officer or state employee and the officer or employee is in a position to participate in the regulation; or
(c) The person offering the honorarium (i) is seeking or opposing or is reasonably likely to seek or oppose enactment of legislation or adoption of administrative rules or actions, or policy changes by the state officer's or state employee's agency; and (ii) the officer or employee may participate in the enactment or adoption.
[ 1994 c 154 s 113. ]
(1)(a) Unless the context requires otherwise, the definition of "gift" in this subsection applies throughout this chapter.
(b) "Gift" means anything of economic value for which no consideration is given.
(c) "Gift" does not include the following:
(i) Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the agency of which the recipient is an officer or employee;
(ii) Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties;
(iii) Items exchanged among officials and employees at a social event hosted or sponsored by a state officer or state employee for coworkers;
(iv) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
(v) Items a state officer or state employee is authorized by law to accept;
(vi) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
(vii) Items returned by the recipient to the donor within 30 days of receipt or donated to a charitable organization within 30 days of receipt;
(viii) Campaign contributions reported under Title 29B RCW;
(ix) Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group;
(x) Awards, prizes, scholarships, or other items provided in recognition of academic or scientific achievement; and
(xi) Gift cards received by legislative employees in an amount of $25 or less.
(2) No state officer or state employee may receive, accept, take, seek, or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction.
(3) No state officer or state employee may accept gifts, other than those specified in subsections (4) and (7) of this section, with an aggregate value in excess of $100 from a single source in a calendar year or a single gift from multiple sources with a value in excess of $100. For purposes of this section, "single source" means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under subsection (1)(c) of this section. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.
(4) Except as provided in subsection (6) of this section, the following items are presumed not to influence under subsection (3) of this section, and may be accepted without regard to the limit established by subsection (3) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
(e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
(g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise accepted and solicited for deposit in the legislative international trade account created in RCW 43.15.050;
(h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited on behalf of a national or regional legislative association as defined in RCW 42.52.822(2), the 2006 official conference of the national lieutenant governors' association, the annual conference of the national association of state treasurers, or a host committee, for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820, section 2, chapter 5, Laws of 2006, RCW 42.52.821, or RCW 42.52.822. Anything solicited or accepted may only be received by the national association or host committee and may not be commingled with any funds or accounts that are the property of any person;
(i) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;
(j) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature;
(k) Gifts, grants, donations, sponsorships, or contributions from any agency or federal or local government agency or program or private source for the purposes of chapter 28B.156 RCW; and
(l) Unsolicited gifts received by legislative employees from a legislator.
(5) The presumption in subsection (4) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
(6) Notwithstanding subsections (4) and (7) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal interest in the eventual use or acquisition of the item by the officer's or employee's agency;
(d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
(g) Those items excluded from the definition of gift in subsection (1)(c) of this section except:
(i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
(ii) Payments for seminars and educational programs sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
(iii) Flowers, plants, and floral arrangements.
(7) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed $100 on a single occasion shall be reported as provided in Title 29B RCW.
[ 2025 c 377 s 10; (2025 c 377 s 9 expired January 1, 2026); 2024 c 164 s 514; 2023 c 91 s 2. Prior: 2015 3rd sp.s. c 20 s 7; 2015 c 45 s 2; 2011 c 60 s 29; 2006 c 5 s 3; 2003 1st sp.s. c 23 s 2; prior: 2003 c 265 s 3; 2003 c 153 s 6; 1998 c 7 s 2; 1994 c 154 s 115. ]
NOTES:
Effective date—2025 c 377 ss 2, 10, 14, 22, 24, 26, and 28: See note following RCW 42.52.010.
Expiration date—2025 c 377 ss 1, 9, 13, 21, 23, 25, and 27: See note following RCW 42.52.010.
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Finding—Intent—Short title—2015 3rd sp.s. c 20: See RCW 28B.156.005 and 28B.156.900.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Findings—2006 c 5: "The legislature finds that due to the massive devastation inflicted on the city of New Orleans by hurricane Katrina on August 29, 2005, the city of New Orleans will not be able to meet its obligation to host the national lieutenant governors' association's annual conference scheduled for July 17 through July 19, 2006. As a result of this unfortunate situation, the members of the national lieutenant governors' association officially pressed to have Washington state host the next annual conference in Seattle, Washington, and lieutenant governor Brad Owen has agreed to do so. The legislature further finds, in recognition of the unprecedented situation created by this natural disaster, the high national visibility of this important event, and due to the limited amount of time remaining for planning and fund-raising, it is necessary to initiate fund-raising activities for this national conference as soon as possible." [ 2006 c 5 s 1.]
Effective date—2006 c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [February 7, 2006]." [ 2006 c 5 s 4.]
Findings—2003 c 153: See note following RCW 43.330.090.
(1) No state officer or state employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another.
(2) This section does not prohibit the use of public resources to benefit others as part of a state officer's or state employee's official duties. It is not a violation of this section for a legislator or employees under the jurisdiction of the legislative ethics board to engage in activities listed under RCW 42.52.822 or 42.52.175.
(3) This section does not prohibit de minimis use of state facilities to provide employees with information about (a) medical, surgical, and hospital care; (b) life insurance or accident and health disability insurance; or (c) individual retirement accounts, by any person, firm, or corporation administering such program as part of authorized payroll deductions pursuant to RCW 41.04.020.
(4) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional use of the state officer or state employee, of de minimis cost and value, if the activity does not result in interference with the proper performance of official duties.
(5) This section does not apply to activities conducted by legislative employees authorized under RCW 44.90.110.
[ 2025 c 377 s 11; 2024 c 333 s 21; 2023 c 91 s 3; 2022 c 37 s 2; 2014 c 28 s 1; 1996 c 213 s 7; 1994 c 154 s 116; 1987 c 426 s 3. Formerly RCW 42.18.217. ]
NOTES:
Effective date—2024 c 333: See note following RCW 44.90.025.
No person shall give, pay, loan, transfer, or deliver, directly or indirectly, to any other person any thing of economic value believing or having reason to believe that there exist circumstances making the receipt thereof a violation of RCW 42.52.040, 42.52.110, 42.52.120, * 42.52.140, or 42.52.150.
[ 1994 c 154 s 117; 1987 c 426 s 5; 1969 ex.s. c 234 s 23. Formerly RCW 42.18.230. ]
NOTES:
*Reviser's note: RCW 42.52.140 was repealed by 2025 c 377 s 29.
(1) This section applies to legislators and employees under the jurisdiction of the legislative ethics board.
(2) Legislative nexus means activities by legislators and staff having a reasonably objective connection to the legislator's or staff's official duties or to the policy or programmatic prerogatives of the legislature, or the legislative institution. In cases where legislative nexus is required for the use of state resources, activities with a per se tangible legislative nexus also include the following:
(a) Communications directly pertaining to any legislative proposal which has been introduced in either chamber of the legislature; and
(b) Posting information to an official legislative website or social media account about:
(i) Emergencies;
(ii) Federal holidays, state holidays recognized under RCW 1.16.050, religious holidays, and generally recognized days or months of note;
(iii) Information originally provided or published by other government entities which provide information about government resources;
(iv) Achievements, honors, or awards of extraordinary distinction received by a constituent who has granted permission to post about the achievement, honor, or award;
(v) A legislator if the information posted has a direct and tangible relationship to a legislative proposal or policy introduced in the legislature; and
(vi) Commemorations or celebrations of Washington state historical events, holidays, or persons who are not current legislators.
[ 2025 c 377 s 12. ]
(1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.
(2) Subsection (1) of this section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;
(b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ethics boards shall adopt by rule a definition of measurable expenditure;
(c)(i) The maintenance of official legislative websites throughout the year, regardless of pending elections. The websites may contain any discretionary material which was also specifically prepared for the legislator in the course of his or her official duties as a legislator, including newsletters and press releases.
(ii) The official legislative websites of legislators seeking reelection or election to any office shall not be altered, other than during a special legislative session or to change office contact information, beginning on the first day of the declaration of candidacy filing period specified in RCW 29A.24.050 through the date of certification by the secretary of state of the general election of the election year. As used in this subsection, "legislator" means a legislator who is a "candidate," as defined in RCW 29B.10.090, for any public office. "Legislator" does not include a member of the legislature who has announced their retirement from elected public office and who does not file a declaration of candidacy by the end of the candidacy filing period specified in RCW 29A.24.050.
(iii) The website shall not be used for campaign purposes;
(d) Activities that are part of the normal and regular conduct of the office or agency;
(e) De minimis use of public facilities by statewide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities; and
(f) Activities with a legislative nexus as described under RCW 42.52.175. For the official legislative website of a legislator, this subsection is subject to subsection (2)(c)(ii) of this section. Official legislative websites that are not the official legislative website of a legislator are not subject to subsection (2)(c)(ii) of this section but may not directly or indirectly reference a ballot measure or legislator running for elected office, during the period described in subsection (2)(c)(ii) of this section.
(3) As to state officers and employees, this section operates to the exclusion of RCW 29B.45.010.
(4) As used in this section, "official legislative website" includes, but is not limited to, a legislator's official legislative social media accounts.
[ 2025 c 377 s 14; (2025 c 377 s 13 expired January 1, 2026); 2024 c 164 s 515; 2022 c 37 s 3; 2017 c 7 s 2; 2011 c 60 s 30; 2010 c 185 s 1; 1995 c 397 s 30; 1994 c 154 s 118. ]
NOTES:
Effective date—2025 c 377 ss 2, 10, 14, 22, 24, 26, and 28: See note following RCW 42.52.010.
Expiration date—2025 c 377 ss 1, 9, 13, 21, 23, 25, and 27: See note following RCW 42.52.010.
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Finding—Intent—2017 c 7: "The legislature finds that the prohibition on the use of public resources for campaign purposes serves an important purpose, but that the period prohibiting state legislators from communicating with constituents at public expense is unnecessary once the election, and the campaign itself, has ended. Furthermore, the delay in constituent outreach after the election only hinders a legislator's ability to quickly and effectively respond to requests and keep the public informed about current state issues, and the various deadlines relating to mailed, emailed, and website communications are confusing and need to be harmonized. For these reasons, the legislature intends to change mailed, emailed, and website communication deadlines to the same time periods, in order to allow legislators to actively engage with the public on official legislative business in a timely and effective manner." [ 2017 c 7 s 1.]
Effective date—2017 c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2017]." [ 2017 c 7 s 4.]
Effective date—2011 c 60: See note following RCW 29B.20.030.
Effective date—1995 c 397: See note following RCW 29B.40.020.
(1) During the period beginning on the first day of the declaration of candidacy filing period specified in RCW 29A.24.050 in the year of a general election for a state legislator's election to office and continuing through the date of certification of the general election, the legislator may not mail, either by regular mail or email, to a constituent at public expense a letter, newsletter, brochure, or other piece of literature, except for routine legislative correspondence, such as scheduling, and the legislator may, by mail or email, send an individual letter to (a) an individual constituent who has contacted the legislator regarding the subject matter of the letter during the legislator's current term of office; (b) an individual constituent who holds a governmental office with jurisdiction over the subject matter of the letter; or (c) an individual constituent who has received an award or honor of extraordinary distinction of a type that is sufficiently infrequent to be noteworthy to a reasonable person including, but not limited to: (i) An international or national award such as the Nobel prize or the Pulitzer prize; (ii) a state award such as Washington scholar; (iii) an Eagle Scout award; and (iv) a Medal of Honor.
(2) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW 42.52.180.
(3) The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings. Those costs include, but are not limited to, production costs, printing costs, and postage costs. The limits imposed under this subsection apply only to the total expenditures on mailings per member and not to any categorical cost within the total.
(4) For purposes of this section:
(a) "Legislator" means a legislator who is a "candidate," as defined in RCW 29B.10.090, for any public office. "Legislator" does not include a member of the legislature who has announced their retirement from elected public office and who does not file a declaration of candidacy by the end of the candidacy filing period specified in RCW 29A.24.050.
(b) Persons residing outside the legislative district represented by the legislator are not considered to be constituents, but students, military personnel, or others temporarily employed outside of the district who normally reside in the district are considered to be constituents.
[ 2024 c 164 s 516; 2022 c 37 s 4; 2017 c 7 s 3; 2011 c 60 s 31; 2008 c 39 s 2; 1997 c 320 s 1; 1995 c 397 s 5; 1993 c 2 s 25 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.132. ]
NOTES:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Finding—Intent—Effective date—2017 c 7: See notes following RCW 42.52.180.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Findings—Intent—2008 c 39: "The legislature finds that the legislature's ability to communicate with its constituency is of the utmost importance in having a healthy representative democracy. It is the intent of the legislature to provide important information to constituents on an ongoing basis in order to truly be a government of the people and for the people. The legislature finds that this communication will only increase citizen access to legislative issues." [ 2008 c 39 s 1.]
Effective date—1995 c 397: See note following RCW 29B.40.020.
Short title—1993 c 2: See note following RCW 29B.40.010.
It is not a violation of this chapter for a legislator to send by mail or email:
(1) A letter of recommendation on behalf of an individual constituent if the constituent has requested the letter;
(2) A congratulatory letter to an individual constituent who has received an award or honor of extraordinary distinction of a type that is sufficiently infrequent to be noteworthy to a reasonable person including, but not limited to: (a) An international or national award such as the Nobel prize or the Pulitzer prize; (b) a state award such as Washington scholar; (c) an Eagle Scout award; or (d) a Medal of Honor; or
(3) Except when under a mailing restriction as provided in RCW 42.52.185, a congratulatory letter to an individual constituent who has received an honor or award if the individual or a third party on the individual's behalf has requested the letter.
[ 2023 c 226 s 1. ]
(1) Except for permissible investments as defined in this section, no state officer or state employee of any agency responsible for the investment of funds, who acts in a decision-making, advisory, or policy-influencing capacity with respect to investments, may have a direct or indirect interest in any property, security, equity, or debt instrument of a person, without prior written approval of the agency.
(2) Agencies responsible for the investment of funds shall adopt policies governing approval of investments and establishing criteria to be considered in the approval process. Criteria shall include the relationship between the proposed investment and investments held or under consideration by the state, the size and timing of the proposed investment, access by the state officer or state employee to nonpublic information relative to the proposed investment, and the availability of the investment in the public market. Agencies responsible for the investment of funds also shall adopt policies consistent with this chapter governing use by their officers and employees of financial information acquired by virtue of their state positions. A violation of such policies adopted to implement this subsection shall constitute a violation of this chapter.
(3) As used in this section, "permissible investments" means any mutual fund, deposit account, certificate of deposit, or money market fund maintained with a bank, broker, or other financial institution, a security publicly traded in an organized market if the interest in the security at acquisition is ten thousand dollars or less, or an interest in real estate, except if the real estate interest is in or with a party in whom the agency holds an investment.
[ 1994 c 154 s 119. ]
(1) Each agency may adopt rules consistent with law, for use within the agency to protect against violations of this chapter.
(2) Each agency proposing to adopt rules under this section shall forward the rules to the appropriate ethics board before they may take effect. The board may submit comments to the agency regarding the proposed rules.
(3) This section applies to institutions of higher education only to the extent their activities are not subject to RCW 42.52.220.
[ 2022 c 173 s 2; 2005 c 106 s 3; 1994 c 154 s 120. ]
(1) Consistent with the state policy to encourage basic and applied scientific research by the state's research universities as stated in RCW 28B.140.005, and consistent with the expectations of university faculty to produce, publish, and disseminate research and scholarship, each university and the state board for community and technical colleges may develop, adopt, and implement one or more written administrative processes that shall apply in place of the obligations imposed on institutions of higher education, faculty, and university research employees under RCW 42.52.030, 42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.150, and 42.52.160. The institutions of higher education shall coordinate on the development of administrative processes to ensure the processes are comparable. Each policy shall apply upon approval by boards of trustees or regents for the state universities, regional universities, and The Evergreen State College, or by the state board for community and technical colleges. Each board of trustees or regents and the state board for community and technical colleges must provide the executive ethics board with a copy of each institution's policy upon approval. A faculty member or university research employee in compliance with the processes authorized in this section shall be deemed to be in compliance with RCW 42.52.030, 42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.150, and 42.52.160.
(2) The executive ethics board shall enforce activity subject to the written approval processes under this section, as provided in RCW 42.52.360.
[ 2025 c 377 s 15; 2022 c 173 s 3; 2005 c 106 s 4. ]
(1) The legislative ethics board is created, composed of nine members, selected as follows:
(a) Two senators, one from each of the two largest caucuses, appointed by the president of the senate;
(b) Two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a list of three individuals submitted by each of the four legislative caucuses; and
(ii) One citizen member selected by three of the four other citizen members of the legislative ethics board.
(2) Except for initial members and members completing partial terms, nonlegislative members shall serve a single five-year term.
(3) No more than three of the public members may be identified with the same political party.
(4) Terms of initial nonlegislative board members shall be staggered as follows: One member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall be appointed to a four-year term; and one member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the original appointment.
(6) Legislative members shall serve two-year terms, from January 31st of an odd-numbered year until January 31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.
(8) The citizen members shall annually select a chair from among themselves.
[ 1994 c 154 s 201. ]
(1) The legislative ethics board shall enforce this chapter and rules adopted under it with respect to members and employees of the legislature.
(2) The legislative ethics board shall:
(a) Develop educational materials and training with regard to legislative ethics for legislators and legislative employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
(d) Investigate, hear, and determine complaints by any person or on its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend suspension or removal to the appropriate legislative entity, or recommend prosecution to the appropriate authority; and
(g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
[ 2025 c 377 s 16; 1994 c 154 s 202. ]
By constitutional design, the legislature consists of citizen-legislators who bring to bear on the legislative process their individual experience and expertise. The provisions of this chapter shall be interpreted in light of this constitutional principle.
[ 1994 c 154 s 203. ]
(1) The executive ethics board is created, composed of five members, appointed by the governor as follows:
(a) One member shall be a classified service employee as defined in chapter 41.06 RCW;
(b) One member shall be a state officer or state employee in an exempt position;
(c) One member shall be a citizen selected from a list of three names submitted by the attorney general;
(d) One member shall be a citizen selected from a list of three names submitted by the state auditor; and
(e) One member shall be a citizen selected at large by the governor.
(2) Except for initial members and members completing partial terms, members shall serve a single five-year term.
(3) No more than three members may be identified with the same political party.
(4) Terms of initial board members shall be staggered as follows: One member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall be appointed to a four-year term; and one member shall be appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the original appointment.
(6) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.
(7) The members shall annually select a chair from among themselves.
(8) Staff shall be provided by the office of the attorney general.
[ 1994 c 154 s 205. ]
(1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.
(2) The executive ethics board shall enforce this chapter with regard to the activities of institution of higher education faculty and research employees as provided in this subsection.
(a) With respect to compliance with RCW 42.52.030, 42.52.110, 42.52.130, * 42.52.140, and 42.52.150, the administrative process for university research employees shall be consistent with and adhere to no less than the current standards in regulations of the United States public health service and the office of the secretary of the department of health and human services in Title 42 C.F.R. Part 50, Subpart F relating to promotion of objectivity in research.
(b) With respect to compliance with RCW 42.52.040, 42.52.080, and 42.52.120, the administrative process shall include a comprehensive system for the disclosure, review, and approval of outside work activities by institution of higher education faculty and research employees while assuring that such employees are fulfilling their employment obligations to the institution of higher education.
(c) With respect to compliance with RCW 42.52.160, the administrative process shall include reasonable determinations by the institution of higher education of:
(i) Acceptable private uses having de minimis costs to the institution of higher education and a method for establishing fair and reasonable reimbursement charges for private uses the costs of which are in excess of de minimis; and
(ii) Acceptable private uses having more than de minimis costs to the institution of higher education, but which are performed as part of the faculty or research employee's duties or job requirements.
(3) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
(c) Issue advisory opinions;
(d) Investigate, hear, and determine complaints by any person or on its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it.
(4) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(5) The board shall not delegate to the board's executive director its authority to issue advisories, advisory letters, or opinions.
(6) Except as provided in RCW 42.52.220, the executive ethics board may review and approve agency policies as provided for in this chapter.
(7) This section does not apply to state officers and state employees of the judicial branch.
[ 2022 c 173 s 4; 2013 c 190 s 3; 2005 c 106 s 5; 1994 c 154 s 206. ]
NOTES:
*Reviser's note: RCW 42.52.140 was repealed by 2025 c 377 s 29.
Finding—2013 c 190: See note following RCW 42.52.410.
(1) Each executive branch agency shall designate an ethics advisor or advisors to assist the agency's employees in understanding their obligations under the ethics in public service act. Agencies shall inform the executive ethics board of their designated advisors. As funding permits and as determined by the executive ethics board and the agency head, the advisors shall receive regular ethics training.
(2) Executive branch officers and employees are encouraged to attend ethics training offered by the executive ethics board at least once every thirty-six months.
[ 2013 c 190 s 6. ]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
The commission on judicial conduct shall enforce this chapter and rules adopted under it with respect to state officers and employees of the judicial branch and may do so according to procedures prescribed in Article IV, section 31 of the state Constitution. In addition to the sanctions authorized in Article IV, section 31 of the state Constitution, the commission may impose sanctions authorized by this chapter.
[ 1994 c 154 s 207. ]
(1) No member of the executive ethics board may (a) hold or campaign for partisan elective office other than the position of precinct committeeperson, or any full-time nonpartisan office; (b) be an officer of any political party or political committee as defined in Title 29B RCW other than the position of precinct committeeperson; (c) permit his or her name to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (d) lobby or control, direct, or assist a lobbyist except that such member may appear before any committee of the legislature on matters pertaining to this chapter.
(2) No citizen member of the legislative ethics board may (a) hold or campaign for partisan elective office other than the position of precinct committeeperson, or any full-time nonpartisan office; (b) be an officer of any political party or political committee as defined in Title 29B RCW, other than the position of precinct committeeperson; (c) permit his or her name to be used, or make contributions, in support of or in opposition to any legislative candidate, any legislative caucus campaign committee that supports or opposes legislative candidates, or any political action committee that supports or opposes legislative candidates; or (d) engage in lobbying in the legislative branch under circumstances not exempt, under RCW 29B.50.040, from lobbyist registration and reporting.
(3) No citizen member of the legislative ethics board may hold or campaign for a seat in the state house of representatives or the state senate within two years of serving on the board if the citizen member opposes an incumbent who has been the respondent in a complaint before the board.
[ 2024 c 164 s 517; 2011 c 60 s 32; 1997 c 11 s 1; 1994 c 154 s 208. ]
NOTES:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Except as otherwise provided by law, the ethics boards may hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of a person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the ethics board. The ethics board may make rules as to the issuance of subpoenas by individual members, as to service of complaints, decisions, orders, recommendations, and other process or papers of the ethics board.
[ 1994 c 154 s 209. ]
In case of refusal to obey a subpoena issued to a person, the superior court of a county within the jurisdiction of which the investigation, proceeding, or hearing under this chapter is carried on or within the jurisdiction of which the person refusing to obey is found or resides or transacts business, upon application by the appropriate ethics board shall have jurisdiction to issue to the person an order requiring the person to appear before the ethics board or its member to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Failure to obey such order of the court may be punished by the court as contempt.
[ 1994 c 154 s 210. ]
(1) A person may, personally or by his or her attorney, make, sign, and file with the appropriate ethics board a complaint on a form provided by the appropriate ethics board. The complaint shall state the name of the person alleged to have violated this chapter or rules adopted under it and the particulars thereof, and contain such other information as may be required by the appropriate ethics board.
(2) If it has reason to believe that any person has been engaged or is engaging in a violation of this chapter or rules adopted under it, an ethics board may issue a complaint.
(3)(a) A state employee who files a complaint with the appropriate ethics board shall be afforded the protection afforded to a whistleblower under RCW 42.40.050 and 49.60.210(2), subject to the limitations of RCW 42.40.035 and 42.40.910. An agency, manager, or supervisor may not retaliate against a state employee who, after making a reasonable attempt to ascertain the correctness of the information furnished, files a complaint with the appropriate ethics board.
(b) A state employee may not be denied the protections in chapter 42.40 RCW even if the ethics board denies an investigation of the complaint.
(4) If a determination is made that a reprisal or retaliatory action has been taken against the state employee, the retaliator may be subject to a civil penalty of up to five thousand dollars.
[ 2013 c 190 s 2; 1994 c 154 s 211. ]
NOTES:
Finding—2013 c 190: "The legislature finds that ensuring public trust in government is a priority. The public expects its elected officials and state employees to adhere to the highest ethical standards during their service, and this includes a commitment to full and independent investigations, with proper penalties, in cases where the ethics in public service act is violated." [ 2013 c 190 s 1.]
(1) After the filing of any complaint, except as provided in RCW 42.52.450, the staff of the appropriate ethics board shall investigate the complaint. The ethics board may request the assistance of the office of the attorney general or a contract investigator in conducting its investigation.
(2) The results of the investigation shall be reduced to writing and the staff shall either make a determination that the complaint should be dismissed pursuant to RCW 42.52.425, or recommend to the board that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed.
(3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.
(4) The identity of a person filing a complaint under RCW 42.52.410(1) is exempt from public disclosure, as provided in RCW 42.56.240.
[ 2013 c 190 s 4; 2000 c 211 s 1; 1994 c 154 s 212. ]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
(1) Based on the investigation conducted under RCW 42.52.420 or 42.52.450, and subject to rules issued by each board, the board or the staff of the appropriate ethics board may issue an order of dismissal based on any of the following findings:
(a) Any violation that may have occurred is not within the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous; or
(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection (1) of this section shall be provided to the complainant, respondent, and the board. The written notice to the complainant shall include a statement of the complainant's right to appeal to the board under subsection (3) of this section if the dismissal order was issued by staff.
(3) In the event that a complaint is dismissed by staff under this section, the complainant may request that the board review the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to believe that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent.
[ 2005 c 116 s 1; 2000 c 211 s 2. ]
(1) If the ethics board determines there is reasonable cause under RCW 42.52.420 that a violation of this chapter or rules adopted under it occurred, a public hearing on the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the hearing. The case in support of the complaint shall be presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath and recorded.
(5) If, based upon a preponderance of the evidence, the ethics board finds that the respondent has violated this chapter or rules adopted under it, the board shall file an order stating findings of fact and enforcement action as authorized under this chapter.
(6) If, upon all the evidence, the ethics board finds that the respondent has not engaged in an alleged violation of this chapter or rules adopted under it, the ethics board shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(7) If the board makes a determination that there is not reasonable cause to believe that a violation has been or is being committed or has made a finding under subsection (6) of this section, the attorney general shall represent the officer or employee in any action subsequently commenced based on the alleged facts in the complaint.
[ 1994 c 154 s 213. ]
Except as otherwise provided by law, reconsideration or judicial review of an ethics board's order that a violation of this chapter or rules adopted under it has occurred shall be governed by the provisions of chapter 34.05 RCW applicable to review of adjudicative proceedings.
[ 1994 c 154 s 214. ]
(1) If a complaint alleges a violation of RCW 42.52.180 by a legislator or statewide elected official other than the attorney general, the attorney general shall, if requested by the appropriate ethics board, conduct the investigation under RCW 42.52.420 and recommend action.
(2) If a complaint alleges a violation of RCW 42.52.180 by the attorney general, the state auditor shall conduct the investigation under RCW 42.52.420 and recommend action to the appropriate ethics board.
[ 2005 c 116 s 2; 1994 c 154 s 215. ]
Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that RCW 42.52.180 is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the appropriate ethics board and the attorney general that the person will commence a citizen's action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice. An action is deemed to have been commenced when the appropriate ethics board or the board's executive director accepts a complaint for filing and initiates a preliminary investigation.
If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys' fees incurred. If a citizen's action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys' fees incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment.
[ 2013 c 190 s 5; 1994 c 154 s 216. ]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
As appropriate, an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed resolution which shall be referred back to the appropriate ethics board for action; or
(2) To the attorney general's office or prosecutor for appropriate action.
[ 1994 c 154 s 217. ]
(1) Except as otherwise provided by law, an ethics board may order payment of the following amounts if it finds a violation of this chapter or rules adopted under it after a hearing under RCW 42.52.370 or other applicable law:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative expenses.
(2) Damages under this section may be enforced in the same manner as a judgment in a civil case.
[ 2025 c 377 s 17; 1994 c 154 s 218. ]
(1) Upon a written determination by the attorney general that the action of an ethics board was clearly erroneous or if requested by an ethics board, the attorney general may bring a civil action in the superior court of the county in which the violation is alleged to have occurred against a state officer, state employee, former state officer, former state employee, or other person who has violated or knowingly assisted another person in violating any of the provisions of this chapter or the rules adopted under it. In such action the attorney general may recover the following amounts on behalf of the state of Washington:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or the rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative expenses.
(2) In any civil action brought by the attorney general upon the basis that the attorney general has determined that the board's action was clearly erroneous, the court shall not proceed with the action unless the attorney general has first shown, and the court has found, that the action of the board was clearly erroneous.
[ 2025 c 377 s 18; 1994 c 154 s 219. ]
If an ethics board finds that there is reasonable cause to believe that a violation has occurred, the board shall consider the possibility of the alleged violator having to pay a total amount of penalty and costs of more than five hundred dollars. Based on such consideration, the board may give the person who is the subject of the complaint the option to have an administrative law judge conduct the hearing and rule on procedural and evidentiary matters. The board may also, on its own initiative, provide for retaining an administrative law judge. An ethics board may not require total payment of more than five hundred dollars in penalty and costs in any case where an administrative law judge is not used and the board did not give such option to the person who is the subject of the complaint.
[ 1994 c 154 s 220. ]
(1) The attorney general may, on request of the governor or the appropriate agency, and in addition to other available rights of rescission, bring an action in the superior court of Thurston county to cancel or rescind state action taken by a state officer or state employee, without liability to the state of Washington, contractual or otherwise, if the governor or ethics board has reason to believe that: (a) A violation of this chapter or rules adopted under it has substantially influenced the state action, and (b) the interest of the state requires the cancellation or rescission. The governor may suspend state action pending the determination of the merits of the controversy under this section. The court may permit persons affected by the governor's actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final judgment, decree, or other order of the court.
(2) This section does not limit other available remedies.
[ 1994 c 154 s 221. ]
(1) A violation of this chapter or rules adopted under it is grounds for disciplinary action.
(2) The procedures for any such action shall correspond to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not specifically exempted in chapter 41.06 RCW, the rules set forth in chapter 41.06 RCW shall apply. Any action against the state officer or state employee shall be subject to judicial review to the extent provided by law for disciplinary action for misconduct of state officers and state employees of the same category and grade.
[ 1994 c 154 s 222; 1969 ex.s. c 234 s 26. Formerly RCW 42.18.260. ]
In addition to other authority under this chapter, the attorney general may investigate persons not under the jurisdiction of an ethics board whom the attorney general has reason to believe were involved in transactions in violation of this chapter or rules adopted under it.
[ 1994 c 154 s 223. ]
Any action taken under this chapter must be commenced within five years from the date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the action must be commenced within two years from the date the violation was discovered or reasonably should have been discovered: (1) By any person with direct or indirect supervisory responsibilities over the person who allegedly committed the violation; or (2) if no person has direct or indirect supervisory authority over the person who committed the violation, by the appropriate ethics board.
[ 1994 c 154 s 224. ]
The citizen members of the legislative ethics board and the members of the executive ethics board shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislator members of the legislative ethics board shall be reimbursed as provided in RCW 44.04.120.
[ 1994 c 154 s 227. ]
(1) Nothing in this chapter prohibits a state employee from distributing communications from an employee organization or charitable organization to other state employees if the communications do not support or oppose a ballot proposition or candidate for federal, state, or local public office. Nothing in this section shall be construed to authorize any lobbying activity with public funds beyond the activity permitted by RCW 29B.50.090.
(2) "Employee organization," for purposes of this section, means any organization, union, or association in which employees participate and that exists for the purpose of collective bargaining with employers or for the purpose of opposing collective bargaining or certification of a union.
[ 2024 c 164 s 518; 2011 c 60 s 33; 2006 c 217 s 1. ]
NOTES:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.
(1) The department of fish and wildlife and the parks and recreation commission may approve private business activity in state-owned housing provided under Title 77 RCW or chapter 79A.05 RCW.
(2) Prior to granting approval of private business activity in state-owned housing, the department of fish and wildlife and the parks and recreation commission must adopt a private business activity policy that is approved by the executive ethics board.
(a) The private business activity policy may only authorize private business activity by the resident state employee while the employee is off duty or the employee's spouse who is approved for residency in the agency housing or the employee's children.
(b) The private business activity policy may not allow private business activity that negatively impacts the agency's operations. For the purposes of this section, "negatively impacts" includes but is not limited to: (i) Negative impacts to visitors' services or access; (ii) in-person visits to state-owned housing for the purpose of transacting business that negatively impacts agency operations; (iii) the incurrence of additional expenses by the state; (iv) the use of signage in the state-owned residence; (v) advertising on state-owned property; or (vi) an appearance of state endorsement of the private business activity.
(3) The private business activity must comply with all other local, state, and federal laws.
(4) All approvals of a private business activity in state-owned housing must be by the agency director or designee in writing.
(5) A state employee is presumed not to be in violation of RCW 42.52.070 or 42.52.160 if the employee or the employee's spouse or child complies with this section.
[ 2008 c 247 s 1. ]
This chapter does not prohibit the department of labor and industries from providing information about scholarship opportunities offered by nonprofit organizations and available to children and spouses of workers who suffered an injury in the course of employment resulting in death or permanent total disability. The department of labor and industries may, in its sole discretion, provide information about one or more scholarship opportunities. The cost of printing and inserting materials, any additional mailing costs, and any other related costs must be borne by the scholarship organization.
[ 2013 c 134 s 1. ]
(1) When soliciting charitable gifts, grants, or donations solely for the limited purposes of RCW 27.48.040, members of the capitol furnishings preservation committee are exempt from the laws of this chapter.
(2) When soliciting charitable gifts, grants, or donations solely for the limited purposes of RCW 27.48.050 or when assisting a nonprofit foundation established for the purposes of RCW 27.48.050, state officers and state employees are exempt from the laws of this chapter.
[ 2002 c 167 s 3; 1999 c 343 s 4. ]
NOTES:
Findings—Effective date—2002 c 167: See notes following RCW 27.48.050.
Findings—Purpose—1999 c 343: See note following RCW 27.48.040.
This chapter does not prohibit the secretary of state or a designee from soliciting and accepting contributions to the Washington state legacy project, state library, and archives account created in RCW 43.07.380.
[ 2008 c 222 s 14; 2003 c 164 s 4. ]
NOTES:
Purpose—2008 c 222: See note following RCW 44.04.320.
This chapter does not prohibit the secretary of state or the secretary of state's designee from soliciting and accepting contributions to the Washington state flag account created in *RCW 43.07.388.
[ 2009 c 71 s 3. ]
NOTES:
*Reviser's note: RCW 43.07.388 was repealed by 2025 c 399 s 1.
This chapter does not prohibit state employees from attending informational or educational meetings regarding legislative issues with a legislator or other elected official. It is not a violation of this chapter to hold such meetings in public facilities, including state-owned or leased buildings. This section is not intended to allow the use of state facilities for a political campaign or for the promotion of or opposition to a ballot proposition.
[ 2011 c 63 s 1. ]
This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the Gina Grant Bull memorial legislative page scholarship account created in RCW 44.04.380. Furthermore, this chapter does not prohibit any legislative member or legislative employee from soliciting gifts for the Gina Grant Bull memorial legislative page scholarship account.
[ 2017 c 322 s 4. ]
This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the Rosa Franklin legislative internship program scholarship account created in RCW 44.04.410. Furthermore, this chapter does not prohibit any legislative member or legislative employee from soliciting gifts for the Rosa Franklin legislative internship program scholarship account.
[ 2021 c 108 s 4. ]
This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the legislative oral history account created in RCW 44.04.345.
[ 2008 c 222 s 2. ]
NOTES:
Purpose—2008 c 222: See note following RCW 44.04.320.
Members of a health profession board or commission as identified in RCW 18.130.040(2)(b) may express their professional opinions to an elected official about the work of the board or commission on which the member serves, even if those opinions differ from the department of health's official position. Such communication shall be to inform the elected official and not to lobby in support or opposition to any initiative to the legislature.
[ 2008 c 134 s 15. ]
NOTES:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
(1) When soliciting gifts, grants, or donations solely to support the charitable activities of executive branch state employees conducted pursuant to RCW 9.46.0209, the executive branch state officers and executive branch state employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.150(3). However, the gifts, grants, or donations must only be solicited from state employees or businesses and organizations that have no business dealings with the soliciting employee's agency. For the purposes of this subsection, "business dealings" includes being subject to regulation by the agency, having a contractual relationship with the agency, and purchasing goods or services from the agency.
(2) For purposes of this section, activities are deemed to be charitable if the activities are devoted to the purposes authorized under RCW 9.46.0209 for charitable and nonprofit organizations listed in that section, or are in support of the activities of those charitable or nonprofit organizations.
[ 2025 c 377 s 19; 2007 c 452 s 2. ]
This chapter does not prohibit the members of the Billy Frank Jr. national statuary hall selection committee, members of the legislature, when outside the period in which solicitation of contributions is prohibited by RCW 29B.45.020, or employees of the Washington state historical society from soliciting contributions for the purposes established in chapter 20, Laws of 2021, and for deposit into the Billy Frank Jr. national statuary hall collection fund created in RCW 43.08.800.
[ 2024 c 164 s 519; 2023 c 387 s 4. ]
NOTES:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
This chapter does not prohibit the use of public resources, including but not limited to the use of personnel, money, and property, by an employee of a state institution of higher education to benefit any student athlete in the advising, facilitation, acknowledgment, or education related to a matter involving the name[,] image[,] and likeness of such a student athlete or group of student athletes, or in relation to student athlete name[,] image[,] and likeness matters generally, so long as such resources are under the control or direction of such an employee. Any use of public resources must adhere to the rules established by the national, nonprofit member organization responsible for oversight of college sports at state institutions of higher education.
[ 2024 c 33 s 1. ]
(1) When soliciting charitable gifts, grants, or donations solely for the legislative international trade account created in RCW 43.15.050, the president of the senate is presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.150(3).
(2) When soliciting charitable gifts, grants, or donations solely for the legislative international trade account created in RCW 43.15.050, state officers and state employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.150(3).
(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 42.56.070.
[ 2025 c 377 s 20; 2005 c 274 s 293; 2003 c 265 s 2. ]
When soliciting gifts, grants, or donations to host an official conference within the state of Washington of a national legislative association as approved by both the chief clerk and the secretary of the senate, designated legislative officials and designated legislative employees are presumed not to be in violation of the solicitation and receipt of gift provisions in this chapter. For the purposes of this section, any legislative association must include among its membership the Washington state legislature or individual legislators or legislative staff.
[ 2003 1st sp.s. c 23 s 1. ]
When soliciting gifts, grants, or donations to host an official conference within the state of Washington of a national association as approved by the state treasurer, the treasurer and designated employees are presumed not to be in violation of the solicitation and receipt of gift provisions in this chapter.
[ 2015 c 45 s 1. ]
(1) When soliciting gifts, grants, or donations to a regional or national legislative association for an official conference held outside the state of Washington, legislators who serve as elected leaders of the association and designated legislative employees are presumed not to be in violation of the solicitation and receipt of gift provisions of this chapter.
(2) For purposes of this section, any regional or national legislative association is any organization which:
(a) Exists for the purpose of supporting legislators in the execution of their official duties;
(b) Includes among its membership the Washington state legislature; and
(c) Is supported in part by the payment of annual dues by the Washington state legislature.
[ 2023 c 91 s 1. ]
Government derives its powers from the people. Ethics in government are the foundation on which the structure of government rests. State officials and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities to which they are elected and appointed. Paramount in that trust is the principle that public office, whether elected or appointed, may not be used for personal gain or private advantage.
The citizens of the state expect all state officials and employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to conduct the business of the state only in a manner that advances the public's interest. State officials and employees are subject to the sanctions of law and scrutiny of the media; ultimately, however, they are accountable to the people and must consider this public accountability as a particular obligation of the public service. Only when affairs of government are conducted, at all levels, with openness as provided by law and an unswerving commitment to the public good does government work as it should.
The obligations of government rest equally on the state's citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens, therefore, should honor and respect the principles and the spirit of representative democracy, recognizing that both elected and appointed officials, together with state employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such service merits public recognition and support.
All who have the privilege of working for the people of Washington state can have but one aim: To give the highest public service to its citizens.
[ 1994 c 154 s 1. ]
This chapter shall be construed liberally to effectuate its purposes and policy and to supplement existing laws as may relate to the same subject.
[ 1994 c 154 s 301. ]
Nothing in this chapter shall be interpreted to prevent a member of a board, committee, advisory commission, or other body required or permitted by statute to be appointed from any identifiable group or interest, from serving on such body in accordance with the intent of the legislature in establishing such body.
[ 1969 ex.s. c 234 s 33. Formerly RCW 42.18.330. ]
Sections 101 through 121, 203, 204, 207 through 224, and 301 through 317 of this act shall take effect January 1, 1995.
[ 1994 c 154 s 319. ]
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 105. ]
The legislature finds that *chapter 42.17 RCW contains laws relating to several discrete subjects. Therefore, the purpose of chapter 274, Laws of 2005 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.
[ 2005 c 274 s 1. ]
NOTES:
*Reviser's note: Provisions in chapter 42.17 RCW relating to public records were recodified in chapter 42.56 RCW by 2005 c 274, effective July 1, 2006. Provisions in chapter 42.17 RCW relating to campaign disclosure and contribution were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012. Chapter 42.17A RCW was recodified into Title 29B RCW by 2024 c 164, effective January 1, 2026.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
(2) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.
(3) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who:
(a) Do not serve in an administrative capacity;
(b) Have not been appointed by the agency to an agency board, commission, or internship; and
(c) Do not have a supervisory role or delegated agency authority.
(4) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
[ 2022 c 71 s 6; 2017 c 303 s 1; 2010 c 204 s 1005; 2007 c 197 s 1; 2005 c 274 s 101. ]
NOTES:
Findings—Intent—2022 c 71: See note following RCW 28B.10.930.
Effective date—2010 c 204 ss 101-504, 506-601, 603-702, and 801-1103: See note following RCW 29B.15.010.
This chapter may be known and cited as the public records act.
[ 2005 c 274 s 102. ]
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. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.
[ 2007 c 197 s 2; 2005 c 274 s 283; 1992 c 139 s 2. Formerly RCW 42.17.251. ]
(1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of the foregoing.
(2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed.
[ 2012 c 117 s 127; 1973 c 1 s 25 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.250. ]
NOTES:
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
A person's "right to privacy," "right of privacy," "privacy," or "personal privacy," as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. The provisions of this chapter dealing with the right to privacy in certain public records do not create any right of privacy beyond those rights that are specified in this chapter as express exemptions from the public's right to inspect, examine, or copy public records.
[ 1987 c 403 s 2. Formerly RCW 42.17.255. ]
NOTES:
Intent—1987 c 403: "The legislature intends to restore the law relating to the release of public records largely to that which existed prior to the Washington Supreme Court decision in "In Re Rosier," 105 Wn.2d 606 (1986). The intent of this legislation is to make clear that: (1) Absent statutory provisions to the contrary, agencies possessing records should in responding to requests for disclosure not make any distinctions in releasing or not releasing records based upon the identity of the person or agency which requested the records, and (2) agencies having public records should rely only upon statutory exemptions or prohibitions for refusal to provide public records. Further, to avoid unnecessary confusion, "privacy" as used in RCW 42.17.255 is intended to have the same meaning as the definition given that word by the Supreme Court in "Hearst v. Hoppe," 90 Wn.2d 123, 135 (1978)." [ 1987 c 403 s 1.]
Severability—1987 c 403: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 403 s 7.]
No public agency, public official, public employee, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record if the public agency, public official, public employee, or custodian acted in good faith in attempting to comply with the provisions of this chapter.
[ 1992 c 139 s 11. Formerly RCW 42.17.258. ]
(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 (8) of this section, 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 this chapter, an agency shall delete identifying details in a manner consistent with 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 may establish, maintain, and make available for public inspection and copying a statement of the actual costs that it charges for providing photocopies or electronically produced copies, of public records and a statement of the factors and manner used to determine the actual costs. Any statement of costs may be adopted by an agency only after providing notice and public hearing.
(a)(i) In determining the actual cost for providing copies of public records, an agency may include all costs directly incident to copying such public records including:
(A) The actual cost of the paper and the per page cost for use of agency copying equipment; and
(B) The actual cost of the electronic production or file transfer of the record and the use of any cloud-based data storage and processing service.
(ii) In determining other actual costs for providing copies of public records, an agency may include all costs directly incident to:
(A) Shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used; and
(B) Transmitting such records in an electronic format, including the cost of any transmission charge and use of any physical media device provided by the agency.
(b) In determining the actual 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 send the requested public records may be included in an agency's costs.
(8) 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.
[ 2017 c 304 s 1; 2005 c 274 s 284; 1997 c 409 s 601. Prior: 1995 c 397 s 11; 1995 c 341 s 1; 1992 c 139 s 3; 1989 c 175 s 36; 1987 c 403 s 3; 1975 1st ex.s. c 294 s 14; 1973 c 1 s 26 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.260. ]
NOTES:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—1989 c 175: See note following RCW 34.05.010.
Intent—Severability—1987 c 403: See notes following RCW 42.56.050.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Exemption for registered trade names: RCW 19.80.065.
Paid family and medical leave information: RCW 50A.05.020(4).
(1)(a) A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under this chapter, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency's records.
(b) A request for a recording required to be maintained by a school district board of directors under RCW 42.30.035(2) shall only be considered a valid request for an identifiable record when the date of the recording, or a range of dates, is specified in the request. When searching for and providing identifiable recordings, no search criteria except date must be considered by the school district.
(2) 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 including, if applicable, on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure. Agencies shall not deny a request for identifiable public records solely on the basis that the request is overbroad. 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 42.56.070(8) or 42.56.240(14), 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 in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page.
(3) An agency may deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four hour period, if the agency establishes that responding to the multiple requests would cause excessive interference with other essential functions of the agency. For purposes of this subsection, "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script.
[ 2023 c 67 s 1; 2017 c 304 s 2; 2016 c 163 s 3. Prior: 2005 c 483 s 1; 2005 c 274 s 285; 1987 c 403 s 4; 1975 1st ex.s. c 294 s 15; 1973 c 1 s 27 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.270. ]
NOTES:
Effective date—2023 c 67: See note following RCW 42.30.035.
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
Intent—Severability—1987 c 403: See notes following RCW 42.56.050.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Public records shall be available for inspection and copying during the customary office hours of the agency, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives for a minimum of thirty hours per week, except weeks that include state legal holidays, unless the person making the request and the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives or its representative agree on a different time. Customary business hours must be posted on the agency or office's website and made known by other means designed to provide the public with notice.
[ 2009 c 428 s 2; 1995 c 397 s 12; 1973 c 1 s 28 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.280. ]
NOTES:
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Agencies shall adopt and enforce reasonable rules and regulations, and the office of the secretary of the senate and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the time, resource, and personnel constraints associated with legislative sessions, consonant with the intent of this chapter to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives. Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information. Nothing in this section shall relieve agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives from honoring requests received by mail for copies of identifiable public records.
If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved.
[ 1995 c 397 s 13; 1992 c 139 s 4; 1975 1st ex.s. c 294 s 16; 1973 c 1 s 29 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.290. ]
NOTES:
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Nothing in this chapter prevents an agency from destroying information relating to employee misconduct or alleged misconduct, in accordance with RCW 41.06.450, to the extent necessary to ensure fairness to the employee.
[ 1982 c 208 s 13. Formerly RCW 42.17.295. ]
(1) No fee shall be charged for the inspection of public records or locating public documents and making them available for copying, except as provided in RCW 42.56.240(14) and subsection (3) of this section. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying. When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations. If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute a new public record for purposes of this chapter. Scanning paper records to make electronic copies of such records is a method of copying paper records and does not amount to the creation of a new public record.
(2)(a) Agency charges for actual costs may only be imposed in accordance with the costs established and published by the agency pursuant to RCW 42.56.070(7), and in accordance with the statement of factors and manner used to determine the actual costs. In no event may an agency charge a per page cost greater than the actual cost as established and published by the agency.
(b) An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome. To the extent the agency has not determined the actual costs of copying public records, the agency may not charge in excess of:
(i) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;
(ii) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(iii) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and
(iv) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and
(v) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
(c) The charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.
(d) An agency may charge a flat fee of up to two dollars for any request as an alternative to fees authorized under (a) or (b) of this subsection when the agency reasonably estimates and documents that the costs allowed under this subsection are clearly equal to or more than two dollars. An additional flat fee shall not be charged for any installment after the first installment of a request produced in installments. An agency that has elected to charge the flat fee in this subsection for an initial installment may not charge the fees authorized under (a) or (b) of this subsection on subsequent installments.
(e) An agency shall not impose copying charges under this section for access to or downloading of records that the agency routinely posts on its public internet website prior to receipt of a request unless the requestor has specifically requested that the agency provide copies of such records through other means.
(f) A requestor may ask an agency to provide, and if requested an agency shall provide, a summary of the applicable charges before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.
(3)(a)(i) In addition to the charge imposed for providing copies of public records and for the use by any person of agency equipment copying costs, an agency may include a customized service charge. A customized service charge may only be imposed if the agency estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the agency for other agency purposes.
(ii) The customized service charge may reimburse the agency up to the actual cost of providing the services in this subsection.
(b) An agency may not assess a customized service charge unless the agency has notified the requestor of the customized service charge to be applied to the request, including an explanation of why the customized service charge applies, a description of the specific expertise, and a reasonable estimate cost of the charge. The notice also must provide the requestor the opportunity to amend his or her request in order to avoid or reduce the cost of a customized service charge.
(4) An agency may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request, including a customized service charge. If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request. An agency may waive any charge assessed for a request pursuant to agency rules and regulations. An agency may enter into any contract, memorandum of understanding, or other agreement with a requestor that provides an alternative fee arrangement to the charges authorized in this section, or in response to a voluminous or frequently occurring request.
[ 2017 c 304 s 3; 2016 c 163 s 4; 2005 c 483 s 2. Prior: 1995 c 397 s 14; 1995 c 341 s 2; 1973 c 1 s 30 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.300. ]
NOTES:
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
The provisions of RCW * 42.56.070 (7) and (8) and 42.56.120 that establish or allow agencies to establish the costs charged for photocopies or electronically produced copies of public records do not supersede other statutory provisions, other than in this chapter, authorizing or governing fees for copying public records.
[ 2017 c 304 s 4; 2005 c 274 s 286; 1995 c 341 s 3. Formerly RCW 42.17.305. ]
NOTES:
*Reviser's note: RCW 42.56.070 was amended by 2017 c 304 s 1, deleting subsection (8).
(1)(a) The public records exemptions accountability committee is created to review exemptions from public disclosure, with thirteen members as provided in this subsection.
(i) The governor shall appoint two members, one of whom represents the governor and one of whom represents local government.
(ii) The attorney general shall appoint two members, one of whom represents the attorney general and one of whom represents a statewide media association.
(iii) The state auditor shall appoint one member.
(iv) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
(v) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
(vi) The governor shall appoint four members of the public, with consideration given to diversity of viewpoint and geography.
(b) The governor shall select the chair of the committee from among its membership.
(c) Terms of the members shall be four years and shall be staggered, beginning August 1, 2007.
(2) The purpose of the public records exemptions accountability committee is to review public disclosure exemptions and provide recommendations pursuant to subsection (7)(d) of this section. The committee shall develop and publish criteria for review of public exemptions.
(3) All meetings of the committee shall be open to the public.
(4) The committee must consider input from interested parties.
(5) The office of the attorney general and the office of financial management shall provide staff support to the committee.
(6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(7)(a) Beginning August 1, 2007, the code reviser shall provide the committee by August 1st of each year with a list of all public disclosure exemptions in the Revised Code of Washington.
(b) The committee shall develop a schedule to accomplish a review of each public disclosure exemption. The committee shall publish the schedule and publish any revisions made to the schedule.
(c) The chair shall convene an initial meeting of the committee by September 1, 2007. The committee shall meet at least four times a year and may hold additional meetings at the call of the chair or by a majority vote of the members of the committee.
(d) For each public disclosure exemption, the committee shall provide a recommendation as to whether the exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By November 15th of each year, the committee shall transmit its recommendations to the governor, the attorney general, and the appropriate committees of the house of representatives and the senate.
[ 2025 c 110 s 1; 2007 c 198 s 2. ]
NOTES:
Finding—2007 c 198: "The legislature recognizes that public disclosure exemptions are enacted to meet objectives that are determined to be in the public interest. Given the changing nature of information technology and management, recordkeeping, and the increasing number of public disclosure exemptions, the legislature finds that periodic reviews of public disclosure exemptions are needed to determine if each exemption serves the public interest." [ 2007 c 198 s 1.]
By December 1, 2021, the public records exemptions accountability committee, in addition to its duties in RCW 42.56.140, must prepare and submit a report to the legislature that includes recommendations on whether the exemptions created in section 1, chapter 246, Laws of 2017 should be continued or allowed to expire. The report should focus on whether the exemption continues to serve the intent of the legislature in section 1, chapter 246, Laws of 2017 to provide protections of personal information during the period the state establishes and implements new policies regarding wolf management. The committee must consider whether the development of wolf management policy, by the time of the report, has diminished risks of threats to personal safety so that the protection of personal information in section 1, chapter 246, Laws of 2017 is no longer an ongoing necessity.
[ 2017 c 246 s 3. ]
NOTES:
Expiration date—2017 c 246: See note following RCW 42.56.430.
(1) Each local elected official and statewide elected official, and each person appointed to fill a vacancy in a local or statewide office, must complete a training course regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
(2) Officials required to complete training under this section may complete their training before assuming office but must:
(a) Complete training no later than ninety days after the date the official either:
(i) Takes the oath of office, if the official is required to take an oath of office to assume his or her duties as a public official; or
(ii) Otherwise assumes his or her duties as a public official; and
(b) Complete refresher training at intervals of no more than four years for as long as he or she holds the office.
(3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
(4) Training may be completed remotely with technology including but not limited to internet-based training.
[ 2014 c 66 s 3. ]
NOTES:
Findings—2014 c 66: "The legislature finds that the rights of citizens to observe the actions of their public officials and to have timely access to public records are the underpinnings of democracy and are essential for meaningful citizen participation in the democratic process. All too often, however, violations of the requirements of the public records act and the open public meetings act by public officials and agencies result in citizens being denied this important information and materials to which they are legally entitled. Such violations are often the result of inadvertent error or a lack of knowledge on the part of officials and agencies regarding their legal duties to the public pursuant to these acts. Also, whether due to error or ignorance, violations of the public records act and open public meetings act are very costly for state and local governments, both in terms of litigation expenses and administrative costs. The legislature also finds that the implementation of simple, cost-effective training programs will greatly increase the likelihood that public officials and agencies will better serve the public by improving citizen access to public records and encouraging public participation in governmental deliberations. Such improvements in public service will, in turn, enhance the public's trust in its government and result in significant cost savings by reducing the number of violations of the public records act and open public meetings act." [ 2014 c 66 s 1.]
Short title—2014 c 66: "This act may be known and cited as the open government trainings act." [ 2014 c 66 s 6.]
Effective date—2014 c 66: "This act takes effect July 1, 2014." [ 2014 c 66 s 7.]
(1) Public records officers designated under RCW 42.56.580 and records officers designated under RCW 40.14.040 must complete a training course regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
(2) Public records officers must:
(a) Complete training no later than ninety days after assuming responsibilities as a public records officer or records manager; and
(b) Complete refresher training at intervals of no more than four years as long as they maintain the designation.
(3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
(4) Training may be completed remotely with technology including but not limited to internet-based training.
(5) Training must address particular issues related to the retention, production, and disclosure of electronic documents, including updating and improving technology information services.
[ 2017 c 303 s 2; 2014 c 66 s 4. ]
NOTES:
Findings—Short title—Effective date—2014 c 66: See notes following RCW 42.56.150.
The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter.
[ 2014 c 66 s 5. ]
NOTES:
Findings—Short title—Effective date—2014 c 66: See notes following RCW 42.56.150.
(1) Except for information described in *RCW 42.56.230(3)(a) and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this 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.
(2) Inspection or copying of any specific records exempt under the provisions of this 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.
(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.
[ 2005 c 274 s 402. Prior: (2006 c 302 s 11 expired July 1, 2006); (2006 c 75 s 2 expired July 1, 2006); (2006 c 8 s 111 expired July 1, 2006); (2003 1st sp.s. c 26 s 926 expired June 30, 2005); 2003 c 277 s 3; 2003 c 124 s 1; prior: 2002 c 335 s 1; 2002 c 224 s 2; 2002 c 205 s 4; 2002 c 172 s 1; prior: 2001 c 278 s 1; 2001 c 98 s 2; 2001 c 70 s 1; prior: 2000 c 134 s 3; 2000 c 56 s 1; 2000 c 6 s 5; prior: 1999 c 326 s 3; 1999 c 290 s 1; 1999 c 215 s 1; 1998 c 69 s 1; prior: 1997 c 310 s 2; 1997 c 274 s 8; 1997 c 250 s 7; 1997 c 239 s 4; 1997 c 220 s 120 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 58 s 900; prior: 1996 c 305 s 2; 1996 c 253 s 302; 1996 c 191 s 88; 1996 c 80 s 1; 1995 c 267 s 6; prior: 1994 c 233 s 2; 1994 c 182 s 1; prior: 1993 c 360 s 2; 1993 c 320 s 9; 1993 c 280 s 35; prior: 1992 c 139 s 5; 1992 c 71 s 12; 1991 c 301 s 13; 1991 c 87 s 13; 1991 c 23 s 10; 1991 c 1 s 1; 1990 2nd ex.s. c 1 s 1103; 1990 c 256 s 1; prior: 1989 1st ex.s. c 9 s 407; 1989 c 352 s 7; 1989 c 279 s 23; 1989 c 238 s 1; 1989 c 205 s 20; 1989 c 189 s 3; 1989 c 11 s 12; prior: 1987 c 411 s 10; 1987 c 404 s 1; 1987 c 370 s 16; 1987 c 337 s 1; 1987 c 107 s 2; prior: 1986 c 299 s 25; 1986 c 276 s 7; 1985 c 414 s 8; 1984 c 143 s 21; 1983 c 133 s 10; 1982 c 64 s 1; 1977 ex.s. c 314 s 13; 1975-'76 2nd ex.s. c 82 s 5; 1975 1st ex.s. c 294 s 17; 1973 c 1 s 31 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.310. ]
NOTES:
*Reviser's note: RCW 42.56.230 was amended by 2011 c 173 s 1, changing subsection (3)(a) to subsection (4)(a).
Expiration date—2006 c 302 ss 9 and 11: See note following RCW 66.28.180.
Expiration date—2006 c 75 s 2: "Section 2 of this act expires July 1, 2006." [ 2006 c 75 s 4.]
Expiration date—2006 c 8 s 111: "Section 111 of this act expires July 1, 2006." [ 2006 c 8 s 404.]
Expiration date—Effective dates—2003 1st sp.s. c 26: See notes following RCW 43.88.032.
Working group on veterans' records: "The protection from identity theft for veterans who choose to file their discharge papers with the county auditor is a matter of gravest concern. At the same time, the integrity of the public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity of the public record is essential for the establishment of ancestral ties that may be of interest to this and future generations. While the public record as now kept by the county auditors is sufficient by itself for the accomplishment of these and many other public and private purposes, the proposed use of the public record for purposes that in their nature and intent are not public, so as to keep the veterans' discharge papers from disclosure to those of ill intent, causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working group may be convened by the joint committee on veterans' and military affairs to develop a means to preserve the integrity of the public record while protecting those veterans from identity theft." [ 2002 c 224 s 1.]
Effective date—2002 c 224 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002]." [ 2002 c 224 s 4.]
Findings—Severability—Effective dates—2002 c 205 ss 2, 3, and 4: See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and safety is promoted when the public has knowledge that enables them to make informed choices about their health and safety. Therefore, the legislature declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or specific and unique response plans, either of which is intended to prevent or mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a substantial likelihood of threatening public safety. Therefore, the legislature declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [ 2001 c 98 s 1.]
Findings—Conflict with federal requirements—Severability—2000 c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability—1996 c 305: See note following RCW 28B.85.020.
Findings—Purpose—Severability—Part headings not law—1996 c 253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See notes following RCW 43.70.052.
Effective date—1994 c 233: See note following RCW 70.123.075.
Effective date—1994 c 182: "This act shall take effect July 1, 1994." [ 1994 c 182 s 2.]
Effective date—1993 c 360: See note following RCW 18.130.085.
Effective date—1993 c 280: See RCW 43.330.902.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW 84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—1986 c 299: See RCW 28C.10.902.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Exemptions from public inspection
basic health plan records: RCW 70.47.150.
bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060.
certificate submitted by individual with physical or mental disability seeking a driver's license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children's ombuds: RCW 43.06A.050.
legislative service center, information: RCW 44.68.060.
medical commission, reports required to be filed with: RCW 18.71.0195.
organized crime investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.240.
salary and fringe benefit survey information: RCW 41.06.160.
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)(a) Personal information:
(i) For a child enrolled in licensed child care in any files maintained by the department of children, youth, and families;
(ii) For a child enrolled in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs;
(iii) For a student enrolled or previously enrolled in a local education agency, in any records pertaining to the student, including correspondence;
(iv) For the family members or guardians of a child who is subject to the exemption under this subsection (2) if the family member or guardian has the same last name as the child or if the family member or guardian resides at the same address as the child and disclosure of the family member's or guardian's information would result in disclosure of the personal information exempted under (a)(i) through (iii) of this subsection; or
(v) For substitute caregivers who are licensed or approved to provide overnight care of children by the department of children, youth, and families.
(b) Emergency contact information under this subsection (2) may be provided to appropriate authorities and medical personnel for the purpose of treating the individual during an emergency situation;
(3) 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;
(4) 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, 84.40.340, or any ordinance authorized under RCW 35.102.145; or (b) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer;
(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law;
(6) Personal and financial information related to a small loan or any system of authorizing a small loan in RCW 31.45.093;
(7)(a) Any record or information used to prove identity, age, residential address, social security number, sex designation, or other personal information required to apply for, renew, or make changes to a driver's license, instruction permit, or identicard.
(b) Information provided under RCW 46.20.111 that indicates that an applicant declined to register with the selective service system.
(c) Any record pertaining to a vehicle license plate, driver's license, or identicard issued under RCW 46.08.066 that, alone or in combination with any other records, may reveal the identity of an individual, the sex designation of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, confidential public health work, public assistance fraud, or child support investigative activity. This exemption does not prevent the release of the total number of vehicle license plates, drivers' licenses, or identicards that, under RCW 46.08.066, an agency or department has applied for, been issued, denied, returned, destroyed, lost, and reported for misuse.
(d) Any record pertaining to a vessel registration issued under RCW 88.02.330 that, alone or in combination with any other records, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement activity. This exemption does not prevent the release of the total number of vessel registrations that, under RCW 88.02.330, an agency or department has applied for, been issued, denied, returned, destroyed, lost, and reported for misuse.
Upon request by the legislature, the department of licensing shall provide a report to the legislature containing all of the information in (c) of this subsection (7) and this subsection (7)(d) that is subject to public disclosure;
(8) All information related to individual claim resolution settlement agreements submitted to the board of industrial insurance appeals under RCW 51.04.063, other than final orders from the board of industrial insurance appeals. The board of industrial insurance appeals shall provide to the department of labor and industries copies of all final claim resolution settlement agreements;
(9) Voluntarily submitted information contained in a database that is part of or associated with 911 emergency communications systems, or information contained or used in emergency notification systems as provided under RCW 38.52.575 and 38.52.577;
(10) Information relating to a future voter, as provided in RCW 29A.08.725;
(11) All information submitted by a person to the state, either directly or through a state-licensed gambling establishment, or Indian tribes, or tribal enterprises that own gambling operations or facilities with class III gaming compacts, as part of the self-exclusion program established in RCW 9.46.071 or 67.70.040 for people with a gambling problem or gambling disorder;
(12) Names, addresses, or other personal information of individuals who participated in the bump-fire stock buy-back program under former RCW 43.43.920;
(13) All personal and financial information concerning a player that is received or maintained by the state lottery or any contracted lottery vendor except the player's name and city or town of residence. Additional information may be released only in accordance with prior written permission from the player;
(14) Information collected from individuals who have requested or previously requested changes to sex designation for vital records under chapter 70.58A RCW; and
(15) The name and address of an employee provided to the employment security department by an employer for the notice required under RCW 49.45.020.
[ 2026 c 86 s 3; 2026 c 56 s 1. Prior: 2023 c 361 s 14; 2023 c 346 s 1; 2023 c 182 s 2; 2021 c 89 s 1; prior: 2019 c 470 s 8; 2019 c 239 s 2; (2019 c 239 s 1 expired July 1, 2019); 2019 c 213 s 2; 2018 c 109 s 16; 2017 3rd sp.s. c 6 s 222; prior: 2015 c 224 s 2; 2015 c 47 s 1; 2014 c 142 s 1; prior: 2013 c 336 s 3; 2013 c 220 s 1; prior: 2011 c 350 s 2; 2011 c 173 s 1; 2010 c 106 s 102; 2009 c 510 s 8; 2008 c 200 s 5; 2005 c 274 s 403. ]
NOTES:
Reviser's note: This section was amended by 2026 c 56 s 1 and by 2026 c 86 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 86: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2026]." [ 2026 c 86 s 4.]
Effective date—2026 c 56: See note following RCW 46.20.134.
Findings—Intent—2023 c 182: "The legislature recognizes the important public interest in maintaining an open and transparent government and the critically important role that our public records act plays in ensuring the people of Washington have access to public records maintained by state and local agencies with narrow exemptions. The legislature recognizes that protecting the personal information of our minor students is also of critical importance, especially when disclosure of that personal information could potentially jeopardize the physical or mental health and safety of a student. While current state law also acknowledges the importance of protecting a student's privacy by providing an exemption for personal information in records maintained on a student's behalf, the legislature notes that there have been instances where information has been released from records held by schools that contains personal information about a student or related to a student and the release allows the student to be identified. The legislature intends to provide additional clarity in this narrow situation involving the disclosure of personal information related to a student that may be found in a nonstudent record. This clarity is intended to ensure school districts understand that they have the ability to protect a student's privacy and redact personal information related to a student regardless of the type of record that the information is found in." [ 2023 c 182 s 1.]
Effective date—2021 c 89: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 16, 2021]." [ 2021 c 89 s 7.]
Expiration date—Effective date—2019 c 239 ss 1 and 2: "(1) Section 1 of this act expires July 1, 2019.
(2) Section 2 of this act takes effect July 1, 2019." [ 2019 c 239 s 4.]
Effective date—2019 c 239: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 30, 2019]." [ 2019 c 239 s 5.]
Application—2019 c 239: "The exemptions in this act apply to any public records requests made prior to April 30, 2019, for which the disclosure of records has not already occurred." [ 2019 c 239 s 3.]
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2013 c 336: See note following RCW 46.08.066.
Effective date—2011 c 350: See note following RCW 46.20.111.
Effective date—2010 c 106: See note following RCW 35.102.145.
Effective date—2009 c 510: See RCW 31.45.901.
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
All records that relate to or contain personally identifying information about an individual's religious beliefs, practices, or affiliation are exempt from disclosure under this chapter.
[ 2018 c 303 s 7. ]
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, except that copies of license applications or information on the applications may be released to law enforcement or corrections agencies or to persons and entities as authorized under RCW 9.41.815;
(5)(a) Information revealing the specific details that describe an alleged or proven child victim of sexual assault or commercial sexual exploitation under age 18, or the identity or contact information of an alleged or proven child victim of sexual assault or commercial sexual exploitation who is under age 18. Identifying information includes the child victim's name, addresses, location, photograph, and in cases in which the child victim is a relative, stepchild, or stepsibling of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Contact information includes phone numbers, email addresses, social media profiles, and user names and passwords.
(b) For purposes of this subsection (5), "commercial sexual exploitation" has the same meaning as in RCW 7.105.010;
(6) Information contained in a local or regionally maintained gang database as well as the statewide gang database referenced in RCW 43.43.762;
(7) Data from the electronic sales tracking system established in RCW 69.43.165;
(8) Information submitted to the statewide unified sex offender notification and registration program under RCW 36.28A.040(6) by a person for the purpose of receiving notification regarding a registered sex offender, including the person's name, residential address, and email address;
(9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs. Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business;
(10) The felony firearm offense conviction database of felony firearm offenders established in RCW 43.43.822;
(11) The identity of a state employee or officer who has in good faith filed a complaint with an ethics board, as provided in RCW 42.52.410, or who has in good faith reported improper governmental action, as defined in RCW 42.40.020, to the auditor or other public official, as defined in RCW 42.40.020;
(12) The following security threat group information collected and maintained by the department of corrections pursuant to RCW 72.09.745: (a) Information that could lead to the identification of a person's security threat group status, affiliation, or activities; (b) information that reveals specific security threats associated with the operation and activities of security threat groups; and (c) information that identifies the number of security threat group members, affiliates, or associates;
(13) The global positioning system data that would indicate the location of the residence of an employee or worker of a criminal justice agency as defined in RCW 10.97.030;
(14) Body worn camera recordings to the extent nondisclosure is essential for the protection of any person's right to privacy as described in RCW 42.56.050, including, but not limited to, the circumstances enumerated in (a) of this subsection. A law enforcement or corrections agency shall not disclose a body worn camera recording to the extent the recording is exempt under this subsection.
(a) Disclosure of a body worn camera recording is presumed to be highly offensive to a reasonable person under RCW 42.56.050 to the extent it depicts:
(i)(A) Any areas of a medical facility, counseling, or therapeutic program office where:
(I) A patient is registered to receive treatment, receiving treatment, waiting for treatment, or being transported in the course of treatment; or
(II) Health care information is shared with patients, their families, or among the care team; or
(B) Information that meets the definition of protected health information for purposes of the health insurance portability and accountability act of 1996 or health care information for purposes of chapter 70.02 RCW;
(ii) The interior of a place of residence where a person has a reasonable expectation of privacy;
(iii) An intimate image;
(iv) A minor;
(v) The body of a deceased person;
(vi) The identity of or communications from a victim or witness of an incident involving domestic violence as defined in RCW 10.99.020 or sexual assault as defined in RCW 70.125.030, or disclosure of intimate images as defined in RCW 9A.86.010. If at the time of recording the victim or witness indicates a desire for disclosure or nondisclosure of the recorded identity or communications, such desire shall govern; or
(vii) The identifiable location information of a community-based domestic violence program as defined in RCW 70.123.020, or emergency shelter as defined in RCW 70.123.020.
(b) The presumptions set out in (a) of this subsection may be rebutted by specific evidence in individual cases.
(c) In a court action seeking the right to inspect or copy a body worn camera recording, a person who prevails against a law enforcement or corrections agency that withholds or discloses all or part of a body worn camera recording pursuant to (a) of this subsection is not entitled to fees, costs, or awards pursuant to RCW 42.56.550 unless it is shown that the law enforcement or corrections agency acted in bad faith or with gross negligence.
(d) A request for body worn camera recordings must:
(i) Specifically identify a name of a person or persons involved in the incident;
(ii) Provide the incident or case number;
(iii) Provide the date, time, and location of the incident or incidents; or
(iv) Identify a law enforcement or corrections officer involved in the incident or incidents.
(e)(i) A person directly involved in an incident recorded by the requested body worn camera recording, an attorney representing a person directly involved in an incident recorded by the requested body worn camera recording, a person or his or her attorney who requests a body worn camera recording relevant to a criminal case involving that person, or the executive director from either the Washington state commission on African American affairs, Asian Pacific American affairs, or Hispanic affairs, has the right to obtain the body worn camera recording, subject to any exemption under this chapter or any applicable law. In addition, an attorney who represents a person regarding a potential or existing civil cause of action involving the denial of civil rights under the federal or state Constitution, or a violation of a United States department of justice settlement agreement, has the right to obtain the body worn camera recording if relevant to the cause of action, subject to any exemption under this chapter or any applicable law. The attorney must explain the relevancy of the requested body worn camera recording to the cause of action and specify that he or she is seeking relief from redaction costs under this subsection (14)(e).
(ii) A law enforcement or corrections agency responding to requests under this subsection (14)(e) may not require the requesting individual to pay costs of any redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of a body worn camera recording.
(iii) A law enforcement or corrections agency may require any person requesting a body worn camera recording pursuant to this subsection (14)(e) to identify himself or herself to ensure he or she is a person entitled to obtain the body worn camera recording under this subsection (14)(e).
(f)(i) A law enforcement or corrections agency responding to a request to disclose body worn camera recordings may require any requester not listed in (e) of this subsection to pay the reasonable costs of redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of the body worn camera recording prior to disclosure only to the extent necessary to comply with the exemptions in this chapter or any applicable law.
(ii) An agency that charges redaction costs under this subsection (14)(f) must use redaction technology that provides the least costly commercially available method of redacting body worn camera recordings, to the extent possible and reasonable.
(iii) In any case where an agency charges a requestor for the costs of redacting a body worn camera recording under this subsection (14)(f), the time spent on redaction of the recording shall not count towards the agency's allocation of, or limitation on, time or costs spent responding to public records requests under this chapter, as established pursuant to local ordinance, policy, procedure, or state law.
(g) For purposes of this subsection (14):
(i) "Body worn camera recording" means a video and/or sound recording that is made by a body worn camera attached to the uniform or eyewear of a law enforcement or corrections officer while in the course of his or her official duties; and
(ii) "Intimate image" means an individual or individuals engaged in sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation, or an individual's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.
(h) Nothing in this subsection shall be construed to restrict access to body worn camera recordings as otherwise permitted by law for official or recognized civilian and accountability bodies or pursuant to any court order.
(i) Nothing in this section is intended to modify the obligations of prosecuting attorneys and law enforcement under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), Kyles v. Whitley, 541 U.S. 419, 115 S. Ct. 1555, 131 L. Ed.2d 490 (1995), and the relevant Washington court criminal rules and statutes.
(j) A law enforcement or corrections agency must retain body worn camera recordings for at least 60 days and thereafter may destroy the records in accordance with the applicable records retention schedule;
(15) Any records and information contained within the statewide sexual assault kit tracking system established in RCW 43.43.545;
(16)(a) Survivor communications with, and survivor records maintained by, campus-affiliated advocates.
(b) Nothing in this subsection shall be construed to restrict access to records maintained by a campus-affiliated advocate in the event that:
(i) The survivor consents to inspection or copying;
(ii) There is a clear, imminent risk of serious physical injury or death of the survivor or another person;
(iii) Inspection or copying is required by federal law; or
(iv) A court of competent jurisdiction mandates that the record be available for inspection or copying.
(c) "Campus-affiliated advocate" and "survivor" have the definitions in RCW 28B.112.030;
(17) Information and records prepared, owned, used, or retained by the Washington association of sheriffs and police chiefs and information and records prepared, owned, used, or retained by the Washington state patrol pursuant to chapter 261, Laws of 2017;
(18) Any and all audio or video recordings of child forensic interviews as defined in chapter 26.44 RCW. Such recordings are confidential and may only be disclosed pursuant to a court order entered upon a showing of good cause and with advance notice to the child's parent, guardian, or legal custodian. However, if the child is an emancipated minor or has attained the age of majority as defined in RCW 26.28.010, advance notice must be to the child. Failure to disclose an audio or video recording of a child forensic interview as defined in chapter 26.44 RCW is not grounds for penalties or other sanctions available under this chapter;
(19) Information exempt from public disclosure and copying under RCW 43.10.305(2)(f); and
(20) Information exempt from public inspection and copying under RCW 43.102.140.
[ 2026 c 174 s 6. Prior: 2024 c 299 s 2; 2024 c 298 s 21; 2022 c 268 s 31; 2019 c 300 s 1; prior: 2018 c 285 s 1; 2018 c 171 s 7; prior: 2017 c 261 s 7; 2017 c 72 s 3; prior: 2016 c 173 s 8; 2016 c 163 s 2; prior: 2015 c 224 s 3; 2015 c 91 s 1; prior: 2013 c 315 s 2; 2013 c 190 s 7; 2013 c 183 s 1; 2012 c 88 s 1; prior: 2010 c 266 s 2; 2010 c 182 s 5; 2008 c 276 s 202; 2005 c 274 s 404. ]
NOTES:
Effective date—Private right of action—2024 c 299: See notes following RCW 43.10.305.
Effective date—2024 c 298: See note following RCW 9A.40.100.
Effective dates—2022 c 268: See note following RCW 7.105.010.
Retroactive application—2018 c 171 s 7: "Section 7 of this act applies retroactively to all outstanding public records requests submitted prior to March 22, 2018." [ 2018 c 171 s 8.]
Effective date—2018 c 171: See note following RCW 26.44.188.
Finding—Intent—2017 c 72: See note following RCW 28B.112.030.
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
Finding—Intent—2016 c 163: "The legislature finds that technological developments present opportunities for additional truth-finding, transparency, and accountability in interactions between law enforcement or corrections officers and the public. The legislature intends to promote transparency and accountability by permitting access to video and/or sound recordings of interactions with law enforcement or corrections officers, while preserving the public's reasonable expectation that the recordings of these interactions will not be publicly disclosed to enable voyeurism or exploitation." [ 2016 c 163 s 1.]
Finding—2013 c 190: See note following RCW 42.52.410.
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
Restrictions on dissemination of child forensic interview recordings: RCW 26.44.187 and 26.44.188.
(1) The following employment and licensing information is exempt from public inspection and copying under this chapter:
(a) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination;
(b) All applications for public employment other than for vacancies in elective office, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
(c) Professional growth plans (PGPs) in educator license renewals submitted through the eCert system in the office of the superintendent of public instruction;
(d) The following information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver's license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection (1)(d), "employees" includes independent provider home care workers as defined in RCW 74.39A.240;
(e) 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;
(f)(i) Except as provided in (f)(ii) of this subsection, investigative records compiled by an employing agency in connection with an investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws or an employing agency's internal policies prohibiting discrimination or harassment in employment. Records are exempt in their entirety while the investigation is active and ongoing. After the agency has notified the complaining employee of the outcome of the investigation, the records may be disclosed only if the names, images, employee agency job titles, email addresses, and phone numbers of complainants, other accusers, and witnesses are redacted and their voices on any audio recording taken during the course of the investigation have been altered while retaining inflection and tone, except to the extent that such a complainant, other accuser, or witness has consented to the disclosure of such information. The employing agency must inform a complainant, other accuser, or witness that his or her name, image, agency job title, email address, and phone number will be redacted from the investigation records and their voice on any audio recording taken during the course of the investigation will be altered in accordance with this subsection unless he or she consents to disclosure;
(ii) After the investigation is complete and the complainant has been notified of the outcome of the investigation, if an elected government official is a complainant, the name and title of such elected government official shall not be redacted from the investigatory records;
(g) Criminal history records checks for board staff finalist candidates conducted pursuant to RCW 43.33A.025;
(h) Photographs and month and year of birth in the personnel files of employees or volunteers of a public agency, including employees and workers of criminal justice agencies as defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection (1)(h), news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030;
(i)(i) Any employee's name or other personally identifying information, including but not limited to birthdate, job title, addresses of work stations and locations, work email address, work phone number, bargaining unit, or other similar information, maintained by an agency in personnel-related records or systems, or responsive to a request for a list of individuals subject to the commercial purpose prohibition under RCW 42.56.070(8), if the employee:
(A) Has provided a sworn statement, signed under penalty of perjury and verified by the director of the employing agency or director's designee, that the employee or a dependent of the employee is a survivor of domestic violence as defined in RCW 10.99.020 or 7.105.010, sexual assault as defined in RCW 70.125.030 or sexual abuse as defined in RCW 7.105.010, stalking as described in RCW 9A.46.110 or defined in RCW 7.105.010, or harassment as described in RCW 9A.46.020 or defined in RCW 7.105.010, and notifying the agency as to why the employee has a reasonable basis to believe that the risk of domestic violence, sexual assault, sexual abuse, stalking, or harassment continues to exist. A sworn statement under this subsection expires after two years, but may be subsequently renewed by providing a new sworn statement to the employee's employing agency; or
(B) Provides proof to the employing agency of the employee's participation or the participation of a dependent in the address confidentiality program under chapter 40.24 RCW.
(ii) Any documentation maintained by an agency to administer this subsection (1)(i) is exempt from disclosure under this chapter and is confidential and may not be disclosed without consent of the employee who submitted the documentation. Agencies may provide information to their employees on how to submit a request to anonymize their work email address.
(iii) For purposes of this subsection (1)(i), "verified" means that the director of the employing agency or director's designee confirmed that the sworn statement identifies the alleged perpetrator or perpetrators by name and, if possible, image or likeness, or that the director or designee obtained from the employee a police report, protection order petition, or other documentation of allegations related to the domestic violence, sexual assault or abuse, stalking, or harassment.
(iv) The exemption in this subsection (1)(i) does not apply to public records requests from the news media as defined in RCW 5.68.010(5);
(j) The global positioning system data that would indicate the location of the residence of a public employee or volunteer using the global positioning system recording device;
(k) Information relating to a future voter, as provided in RCW 29A.08.725;
(l) Voluntarily submitted information collected and maintained by a state agency or higher education institution that identifies an individual state employee's personal demographic details. "Personal demographic details" means race or ethnicity, sexual orientation as defined by RCW 49.60.040, immigration status, national origin, or status as a person with a disability. This exemption does not prevent the release of state employee demographic information in a deidentified or aggregate format; and
(m) Benefit enrollment information collected and maintained by the health care authority through its authority as director of the public employees' benefits board and school employees' benefits board programs as authorized by chapter 41.05 RCW. This subsection (1)(m) does not prevent the release of benefit enrollment information in a deidentified or aggregate format. "Benefit enrollment information" means:
(i) Information listed in (d) of this subsection;
(ii) Personal demographic details as defined in (l) of this subsection;
(iii) Benefit elections;
(iv) Date of birth;
(v) Documents provided for verification of dependency, such as tax returns or marriage or birth certificates;
(vi) Marital status;
(vii) Primary language spoken;
(viii) Tobacco use status; and
(ix) Tribal affiliation.
(2) Upon receipt of a request for information located exclusively in an employee's personnel, payroll, supervisor, or training file, the agency must provide notice to the employee, to any union representing the employee, and to the requestor. The notice must state:
(a) The date of the request;
(b) The nature of the requested record relating to the employee;
(c) That the agency will release any information in the record which is not exempt from the disclosure requirements of this chapter at least ten days from the date the notice is made; and
(d) That the employee may seek to enjoin release of the records under RCW 42.56.540.
[ 2025 c 283 s 1. Prior: 2023 c 458 s 1; 2023 c 361 s 15; 2023 c 45 s 1; 2020 c 106 s 1; prior: 2019 c 349 s 2; 2019 c 229 s 1; 2018 c 109 s 17; prior: 2017 c 38 s 1; 2017 c 16 s 1; 2014 c 106 s 1; prior: 2010 c 257 s 1; 2010 c 128 s 9; 2006 c 209 s 6; 2005 c 274 s 405. ]
NOTES:
Effective date—2023 c 458: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2023]." [ 2023 c 458 s 3.]
Findings—2019 c 349: "The legislature finds that workplace harassment remains a persistent problem and there is an urgent need to address barriers that prevent people from reporting harassment. The United States equal employment opportunity commission select task force on the study of harassment in the workplace released a report in 2016 finding that ninety percent of individuals who experience harassment never take formal action, and noting that seventy-five percent of employees who spoke out against workplace mistreatment faced some sort of retaliation. The legislature finds that it is in the public interest for state employees to feel safe to report incidents of harassment when it occurs and to protect these employees from an increased risk of retaliation. The legislature finds that the release of the identities of employees who report or participate in harassment investigations increases the risk of retaliation, invades the privacy of a vulnerable population, and significantly reduces reporting of harassment. The legislature finds that if state government can make it easier for victims and witnesses of harassment to come forward and report harassment, harassment issues can be dealt with before they worsen or spread." [ 2019 c 349 s 1.]
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
PDFRCW 42.56.250
Employment and licensing. (Effective June 1, 2028.)
(1) The following employment and licensing information is exempt from public inspection and copying under this chapter:
(a) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination;
(b) All applications for public employment other than for vacancies in elective office, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
(c) Professional growth plans (PGPs) in educator license renewals submitted through the eCert system in the office of the superintendent of public instruction;
(d) The following information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver's license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection (1)(d), "employees" includes independent provider home care workers as defined in RCW 74.39A.240;
(e) 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;
(f)(i) Except as provided in (f)(ii) of this subsection, investigative records compiled by an employing agency in connection with an investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws or an employing agency's internal policies prohibiting discrimination or harassment in employment. Records are exempt in their entirety while the investigation is active and ongoing. After the agency has notified the complaining employee of the outcome of the investigation, the records may be disclosed only if the names, images, employee agency job titles, email addresses, and phone numbers of complainants, other accusers, and witnesses are redacted and their voices on any audio recording taken during the course of the investigation have been altered while retaining inflection and tone, except to the extent that such a complainant, other accuser, or witness has consented to the disclosure of such information. The employing agency must inform a complainant, other accuser, or witness that his or her name, image, agency job title, email address, and phone number will be redacted from the investigation records and their voice on any audio recording taken during the course of the investigation will be altered in accordance with this subsection unless he or she consents to disclosure;
(ii) After the investigation is complete and the complainant has been notified of the outcome of the investigation, if an elected government official is a complainant, the name and title of such elected government official shall not be redacted from the investigatory records;
(g) Criminal history records checks for board staff finalist candidates conducted pursuant to RCW 43.33A.025;
(h) Photographs and month and year of birth in the personnel files of employees or volunteers of a public agency, including employees and workers of criminal justice agencies as defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection (1)(h), news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030;
(i)(i) Any employee's name or other personally identifying information, including but not limited to birthdate, job title, addresses of work stations and locations, work email address, work phone number, bargaining unit, or other similar information, maintained by an agency in personnel-related records or systems, or responsive to a request for a list of individuals subject to the commercial purpose prohibition under RCW 42.56.070(8), if the employee:
(A) Has provided a sworn statement, signed under penalty of perjury and verified by the director of the employing agency or director's designee, that the employee or a dependent of the employee is a survivor of domestic violence as defined in RCW 10.99.020 or 7.105.010, sexual assault as defined in RCW 70.125.030 or sexual abuse as defined in RCW 7.105.010, stalking as described in RCW 9A.46.110 or defined in RCW 7.105.010, or harassment as described in RCW 9A.46.020 or defined in RCW 7.105.010, and notifying the agency as to why the employee has a reasonable basis to believe that the risk of domestic violence, sexual assault, sexual abuse, stalking, or harassment continues to exist. A sworn statement under this subsection expires after two years, but may be subsequently renewed by providing a new sworn statement to the employee's employing agency; or
(B) Proof [Provides proof] to the employing agency of the employee's participation or the participation of a dependent in the address confidentiality program under chapter 40.24 RCW.
(ii) Any documentation maintained by an agency to administer this subsection (1)(i) is exempt from disclosure under this chapter and is confidential and may not be disclosed without consent of the employee who submitted the documentation. Agencies may provide information to their employees on how to submit a request to anonymize their work email address.
(iii) For purposes of this subsection (1)(i), "verified" means that the director of the employing agency or director's designee confirmed that the sworn statement identifies the alleged perpetrator or perpetrators by name and, if possible, image or likeness, or that the director or designee obtained from the employee a police report, protection order petition, or other documentation of allegations related to the domestic violence, sexual assault or abuse, stalking, or harassment.
(iv) The exemption in this subsection (1)(i) does not apply to public records requests from the news media as defined in RCW 5.68.010(5);
(j) The global positioning system data that would indicate the location of the residence of a public employee or volunteer using the global positioning system recording device;
(k) Information relating to a future voter, as provided in RCW 29A.08.725;
(l) Voluntarily submitted information collected and maintained by a state agency or higher education institution that identifies an individual state employee's personal demographic details. "Personal demographic details" means race or ethnicity, sexual orientation as defined by RCW 49.60.040, immigration status, national origin, or status as a person with a disability. This exemption does not prevent the release of state employee demographic information in a deidentified or aggregate format;
(m) Benefit enrollment information collected and maintained by the health care authority through its authority as director of the public employees' benefits board and school employees' benefits board programs as authorized by chapter 41.05 RCW. This subsection (1)(m) does not prevent the release of benefit enrollment information in a deidentified or aggregate format. "Benefit enrollment information" means:
(i) Information listed in (d) of this subsection;
(ii) Personal demographic details as defined in (l) of this subsection;
(iii) Benefit elections;
(iv) Date of birth;
(v) Documents provided for verification of dependency, such as tax returns or marriage or birth certificates;
(vi) Marital status;
(vii) Primary language spoken;
(viii) Tobacco use status; and
(ix) Tribal affiliation; and
(n) Information contributed by the department of licensing to the data system or shared with the cosmetology licensure compact commission, or member states described in the cosmetology licensure compact pursuant to RCW 18.16.400.
(2) Upon receipt of a request for information located exclusively in an employee's personnel, payroll, supervisor, or training file, the agency must provide notice to the employee, to any union representing the employee, and to the requestor. The notice must state:
(a) The date of the request;
(b) The nature of the requested record relating to the employee;
(c) That the agency will release any information in the record which is not exempt from the disclosure requirements of this chapter at least ten days from the date the notice is made; and
(d) That the employee may seek to enjoin release of the records under RCW 42.56.540.
[ 2025 c 283 s 1; 2025 c 238 s 5. Prior: 2023 c 458 s 1; 2023 c 361 s 15; 2023 c 45 s 1; 2020 c 106 s 1; prior: 2019 c 349 s 2; 2019 c 229 s 1; 2018 c 109 s 17; prior: 2017 c 38 s 1; 2017 c 16 s 1; 2014 c 106 s 1; prior: 2010 c 257 s 1; 2010 c 128 s 9; 2006 c 209 s 6; 2005 c 274 s 405.]
Reviser's note: This section was amended by 2025 c 238 s 5 and by 2025 c 283 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 238: See note following RCW 18.16.400.
Effective date—2023 c 458: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2023]." [ 2023 c 458 s 3.]
Findings—2019 c 349: "The legislature finds that workplace harassment remains a persistent problem and there is an urgent need to address barriers that prevent people from reporting harassment. The United States equal employment opportunity commission select task force on the study of harassment in the workplace released a report in 2016 finding that ninety percent of individuals who experience harassment never take formal action, and noting that seventy-five percent of employees who spoke out against workplace mistreatment faced some sort of retaliation. The legislature finds that it is in the public interest for state employees to feel safe to report incidents of harassment when it occurs and to protect these employees from an increased risk of retaliation. The legislature finds that the release of the identities of employees who report or participate in harassment investigations increases the risk of retaliation, invades the privacy of a vulnerable population, and significantly reduces reporting of harassment. The legislature finds that if state government can make it easier for victims and witnesses of harassment to come forward and report harassment, harassment issues can be dealt with before they worsen or spread." [ 2019 c 349 s 1.]
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
(1) Subject to the time limitations in subsection (2) of this section, the following documents relating to an agency's real estate transactions are exempt from public inspection and copying under this chapter:
(a) 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;
(b) Documents prepared for the purpose of considering the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price, including records prepared for executive session pursuant to RCW 42.30.110(1)(b); and
(c) Documents prepared for the purpose of considering the minimum price of real estate that will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price, including records prepared for executive session pursuant to RCW 42.30.110(1)(c).
(2) The exemptions in this section do not apply when disclosure is mandated by another statute or after the project or prospective project is abandoned or all properties that are part of the project have been purchased, sold, or leased. No appraisal may be withheld for more than three years.
[ 2015 c 150 s 1; 2005 c 274 s 406. ]
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; (b) highway construction or improvement as required by RCW 47.28.070; or (c) alternative public works contracting procedures as required by RCW 39.10.200 through 39.10.905;
(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 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 43.325, 43.163, 43.160, 43.330, 43.168, and 43.181 RCW and RCW 43.155.160, 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)(a) 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 horse racing license submitted pursuant to RCW 67.16.260(1)(b), cannabis producer, processor, or retailer license, liquor license, gambling license, or lottery retail license;
(b) Proprietary financial and security information submitted to or obtained by the gambling commission from and on behalf of license applicants, licensees, gaming facilities, or a tribe pursuant to an approved tribal/state compact. Proprietary financial and security information includes, but is not limited to, the following:
(i) Financial statements and transactions including but not limited to independent auditors' reports and financial statements with any supporting documents, bank account records, player tracking records, bond issuances, loan agreements, purchase agreements, and stock buyouts. However, quarterly license reports are not exempt;
(ii) Information that describes the internal operational system or internal procedures of the gaming facility designed to promote efficiency, safeguard assets, and avoid fraud and error, including but not limited to records pertaining to security camera technical specifications, operation, and placement; cash out procedures and locations; cage security information; building access controls; and personally identifiable information control procedures;
(iii) Gaming facility security information, including but not limited to descriptions of facility layout and schematics, firewall configurations, network topologies, source code, software files, cryptographic hashes of software files, risk and security assessment reports, disaster recovery plans, incident response plans, and any other sensitive information that may negatively impact the security of the facility if released; and
(iv) Gaming equipment information, including but not limited to related hardware, software, and security information, such as firewall configurations, field testing data and results from testing, network topologies or diagrams, source code, software files, cryptographic hashes of software files, schematics, user credentials, system components, and any other sensitive information about the equipment that may compromise the security and integrity of the equipment if released;
(c) Valuable formulae or financial or proprietary commercial information records received during a consultative visit or while providing consultative services to a licensed cannabis business in accordance with RCW 69.50.561;
(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 or the health care authority for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the department of commerce:
(i) Financial and proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.330.050(8);
(ii) Financial or proprietary information collected from any person and provided to the department of commerce 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; and
(iii) Financial or proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.31.625 (3)(b) and (4);
(b) When developed by the department of commerce 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 60 days to the department of commerce 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;
(13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70A.500 RCW to implement chapter 70A.500 RCW;
(14) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under RCW 43.330.502, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information;
(15) Financial and commercial information provided as evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees;
(16) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts, unless permission to release the farm plan is granted by the landowner or operator who requested the plan, or the farm plan is used for the application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and research information and data submitted to or obtained by a health sciences and services authority in applications for, or delivery of, grants under RCW 35.104.010 through 35.104.060, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;
(20) Financial and commercial information submitted to or obtained by the University of Washington, other than information the university is required to disclose under RCW 28B.20.150, when the information relates to investments in private funds, to the extent that such information, if revealed, would reasonably be expected to result in loss to the University of Washington consolidated endowment fund or to result in private loss to the providers of this information;
(21) Market share data submitted by a manufacturer under RCW 70A.500.190(4);
(22) Financial information supplied to the department of financial institutions, when filed by or on behalf of an issuer of securities for the purpose of obtaining the exemption from state securities registration for small securities offerings provided under RCW 21.20.880 or when filed by or on behalf of an investor for the purpose of purchasing such securities;
(23) Unaggregated or individual notices of a transfer of crude oil that is financial, proprietary, or commercial information, submitted to the department of ecology pursuant to RCW 90.56.565(1)(a), and that is in the possession of the department of ecology or any entity with which the department of ecology has shared the notice pursuant to RCW 90.56.565;
(24) Financial institution and retirement account information, and building security plan information, supplied to the liquor and cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and 69.50.345, when filed by or on behalf of a licensee or prospective licensee for the purpose of obtaining, maintaining, or renewing a license to produce, process, transport, or sell cannabis as allowed under chapter 69.50 RCW;
(25) Cannabis transport information, vehicle and driver identification data, and account numbers or unique access identifiers issued to private entities for traceability system access, submitted by an individual or business to the liquor and cannabis board under the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and 69.50.345 for the purpose of cannabis product traceability. Disclosure to local, state, and federal officials is not considered public disclosure for purposes of this section;
(26) Financial and commercial information submitted to or obtained by the retirement board of any city that is responsible for the management of an employees' retirement system pursuant to the authority of chapter 35.39 RCW, when the information relates to investments in private funds, to the extent that such information, if revealed, would reasonably be expected to result in loss to the retirement fund or to result in private loss to the providers of this information except that (a) the names and commitment amounts of the private funds in which retirement funds are invested and (b) the aggregate quarterly performance results for a retirement fund's portfolio of investments in such funds are subject to disclosure;
(27) Proprietary financial, commercial, operations, and technical and research information and data submitted to or obtained by the liquor and cannabis board in applications for cannabis research licenses under RCW 69.50.372, or in reports submitted by cannabis research licensees in accordance with rules adopted by the liquor and cannabis board under RCW 69.50.372;
(28) Trade secrets, technology, proprietary information, and financial considerations contained in any agreements or contracts, entered into by a licensed cannabis business under RCW 69.50.395, which may be submitted to or obtained by the state liquor and cannabis board;
(29) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the Andy Hill cancer research endowment program in applications for, or delivery of, grants under chapter 43.348 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;
(30) Proprietary information filed with the department of health under chapter 69.48 RCW;
(31) Records filed with the department of ecology under chapter 70A.515 RCW that a court has determined are confidential valuable commercial information under RCW 70A.515.130;
(32) Unaggregated financial, proprietary, or commercial information submitted to or obtained by the liquor and cannabis board in applications for licenses under RCW 66.24.140 or 66.24.145, or in any reports or remittances submitted by a person licensed under RCW 66.24.140 or 66.24.145 under rules adopted by the liquor and cannabis board under chapter 66.08 RCW;
(33) Formulas and data public risk pools used to calculate rates for pool member contributions or assessments, and actuarial analyses and reports prepared by or for public risk pools;
(34) Unaggregated or individual information submitted to the department of revenue under RCW 82.17.020 pertaining to the sales price of zero-emission vehicle credits in transactions between manufacturers; and
(35) Information that is confidential pursuant to RCW 43.385.080(1), relating to the tourism assessment program.
[ 2026 c 229 s 18. Prior: 2025 c 419 s 9; 2025 c 176 s 1; 2025 c 81 s 1; 2023 c 340 s 11; prior: 2022 c 201 s 2; 2022 c 16 s 28; 2021 c 308 s 4; 2020 c 238 s 11; prior: 2019 c 394 s 10; 2019 c 344 s 14; 2019 c 212 s 12; prior: 2018 c 201 s 8008; 2018 c 196 s 21; 2018 c 4 s 9; 2017 c 317 s 17; prior: 2016 sp.s. c 9 s 3; 2016 sp.s. c 8 s 1; 2016 c 178 s 1; 2015 c 274 s 24; prior: 2014 c 192 s 6; 2014 c 174 s 5; 2014 c 144 s 6; 2013 c 305 s 14; 2011 1st sp.s. c 14 s 15; 2009 c 394 s 3; 2008 c 306 s 1; prior: 2007 c 470 s 2; (2007 c 470 s 1 expired June 30, 2008); 2007 c 251 s 13; (2007 c 251 s 12 expired June 30, 2008); 2007 c 197 s 4; (2007 c 197 s 3 expired June 30, 2008); prior: 2006 c 369 s 2; 2006 c 341 s 6; 2006 c 338 s 5; 2006 c 302 s 12; 2006 c 209 s 7; 2006 c 183 s 37; 2006 c 171 s 8; 2005 c 274 s 407. ]
NOTES:
*Reviser's note: Chapter 70.95H RCW was repealed in its entirety by 2017 3rd sp.s. c 25 s 9.
Findings—Intent—Tax preference performance statement exemption—Automatic expiration date exemption—Application—Effective date—2025 c 419: See notes following RCW 82.17.030.
Short title—Conflict with federal requirements—2023 c 340: See notes following RCW 43.181.040.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—2021 c 308: See note following RCW 43.31.625.
Findings—2019 c 394: See note following RCW 69.50.563.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Effective date—2015 c 274: See note following RCW 90.56.005.
Intent—2014 c 174: See note following RCW 28B.50.902.
Short title—Findings—Intent—2014 c 144: See notes following RCW 21.20.880.
Effective date—2013 c 305: See note following RCW 70A.500.020.
Intent—2009 c 394: See note following RCW 28B.20.150.
Effective date—2008 c 306 s 1: "Section 1 of this act takes effect June 30, 2008." [ 2008 c 306 s 2.]
Effective date—2007 c 470 s 2: "Section 2 of this act takes effect June 30, 2008." [ 2007 c 470 s 4.]
Expiration date—2007 c 470 s 1: "Section 1 of this act expires June 30, 2008." [ 2007 c 470 s 3.]
Effective date—2007 c 251 s 13: "Section 13 of this act takes effect June 30, 2008." [ 2007 c 251 s 18.]
Expiration date—2007 c 251 s 12: "Section 12 of this act expires June 30, 2008." [ 2007 c 251 s 17.]
Captions not law—Severability—2007 c 251: See notes following RCW 35.104.010.
Effective date—2007 c 197 s 4: "Section 4 of this act takes effect June 30, 2008." [ 2007 c 197 s 11.]
Expiration date—2007 c 197 s 3: "Section 3 of this act expires June 30, 2008." [ 2007 c 197 s 10.]
Effective date—2006 c 369 s 2: "Section 2 of this act takes effect July 1, 2006." [ 2006 c 369 s 3.]
Effective date—2006 c 341 s 6: "Section 6 of this act takes effect July 1, 2006." [ 2006 c 341 s 7.]
Findings—Intent—2006 c 338: See note following RCW 19.112.110.
Effective date—2006 c 338: See RCW 19.112.903.
Effective date—2006 c 302 ss 10 and 12: See note following RCW 66.28.180.
Construction—Severability—Effective date—2006 c 183: See RCW 70A.500.900 and 70A.500.901.
Effective date—2006 c 171 ss 8 and 10: "Sections 8 and 10 of this act take effect July 1, 2006." [ 2006 c 171 s 13.]
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.
[ 2005 c 274 s 408. ]
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.
[ 2005 c 274 s 409. ]
(1) 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.
(2) Records, maps, and other information, acquired during watershed analysis pursuant to the forests and fish report under RCW 76.09.370, that identify the location of archaeological sites, historic sites, artifacts, or the sites of traditional religious, ceremonial, or social uses and activities of affected Indian tribes, are exempt from disclosure under this chapter in order to prevent the looting or depredation of such sites.
(3) Any site form, report, specific fields and tables relating to site form data within a database, or geographic information systems spatial layer obtained by any state agency or local government, or shared between any state agency, local government, or tribal government, is exempt from disclosure under this chapter, if the material is related to:
(a) An archaeological site as defined in RCW 27.53.030;
(b) Historical [Historic] archaeological resources as defined in RCW 27.53.030; or
(c) Traditional cultural places.
(4) The local government or agency shall respond to requests from the owner of the real property for public records exempt under subsection (1), (2), or (3) of this section by providing information to the requestor on how to contact the department of archaeology and historic preservation to obtain available locality information on archaeological and cultural resources.
[ 2014 c 165 s 1; 2006 c 86 s 1; 2005 c 274 s 410. ]
NOTES:
Effective date—2006 c 86: "This act takes effect July 1, 2006." [ 2006 c 86 s 2.]
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.
[ 2005 c 274 s 411. ]
Information received by a school district superintendent, a designee of the superintendent, or a principal pursuant to RCW 28A.225.330, 9A.44.138, 13.04.155, 13.40.215, or 72.09.730 is exempt from disclosure under this chapter.
[ 2020 c 167 s 10. ]
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 workforce training and education coordinating board for research or evaluation purposes;
(4) Except for public records as defined in RCW 40.14.010, 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; and
(5) The annual declaration of intent filed by parents under RCW 28A.200.010 for a child to receive home-based instruction.
[ 2009 c 191 s 1; 2005 c 274 s 412. ]
Household income information received by the office of the superintendent of public instruction, school district employees, or designees of either in accordance with the electronic repository established under RCW 28A.235.285 is exempt from disclosure under this chapter.
[ 2022 c 111 s 2. ]
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 or 81.77.210 that a court has determined are confidential under RCW 80.04.095 or 81.77.210;
(2) The addresses, telephone numbers, electronic contact information, and customer-specific utility usage and billing information in increments less than a billing cycle 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. Participants' names, general locations, and point of contact 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 or other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose personally identifying 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 for the purpose of preventing fraud. As used in this subsection, "personally identifying information" includes acquisition or use information pertaining to a specific, individual transit pass or fare payment media.
(a) Information regarding the acquisition or use of transit passes or fare payment media may be disclosed in aggregate form if the data does not contain any personally identifying information.
(b) Personally identifying information may be released to law enforcement agencies if the request is accompanied by a court order;
(6) 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;
(7) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order;
(8) The personally identifying information of persons who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and
(9) Personally identifying information included in safety complaints submitted under chapter 81.61 RCW.
[ 2017 c 333 s 6; 2015 c 224 s 4. Prior: 2014 c 170 s 2; 2014 c 33 s 1; 2012 c 68 s 4; 2010 c 128 s 8; 2008 c 200 s 6; 2007 c 197 s 5; 2006 c 209 s 8; 2005 c 274 s 413. ]
NOTES:
Effective date—2017 c 333: See note following RCW 81.61.010.
A law enforcement authority may not request inspection or copying of records of any person who belongs to a public utility district or a municipally owned electrical utility unless the 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 section is inadmissible in any criminal proceeding.
[ 2007 c 197 s 6. ]
(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 42.56.070(9).
[ 2005 c 274 s 415. ]
NOTES:
*Reviser's note: RCW 42.56.070 was amended by 2017 c 304 s 1, changing subsection (9) to subsection (8).
(1) Information distributed to any Washington health profession board or commission by an interstate health professions licensure compact or member boards as described in RCW 18.71B.080(6) of the interstate medical licensure compact is exempt from disclosure under this chapter. This exemption does not prohibit the requestor from requesting these documents from the state of origin.
(2) This exemption does not pertain to any records created by Washington health profession boards or commissions from the documents described in subsection (1) of this section. Records created by Washington health profession boards or commissions from the documents described in subsection (1) of this section may be exempt under other sections of this chapter.
[ 2017 c 195 s 25. ]
(1) Information in documents distributed to the Washington medical commission by the interstate physician assistant licensure compact as described in RCW 18.71C.070(2), including identifying information, licensure data, adverse actions against a license or compact privilege, or license application denials and the reason(s) for such denial, is exempt from disclosure under this chapter. Such information may be requested from the state of origin.
(2) The exemption in subsection (1) of this section does not pertain to any records created by the Washington medical commission from the documents described in subsection (1) of this section or any other materials created by the Washington medical commission.
[ 2024 c 53 s 15. ]
(1) The following health care information is exempt from disclosure under this chapter:
(a) Information obtained by the pharmacy quality assurance commission as provided in RCW 69.45.090;
(b) Information obtained by the pharmacy quality assurance commission 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, 70.230.080, or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW 70.56.020(2)(b), 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) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1);
(g) Information obtained by the department of health under chapter 70.225 RCW;
(h) Information collected by the department of health under chapter 70.245 RCW except as provided in RCW 70.245.150;
(i) Cardiac and stroke system performance data submitted to national, state, or local data collection systems under RCW 70.168.150(2)(b);
(j) All documents, including completed forms, received pursuant to a wellness program under RCW 41.04.362, but not statistical reports that do not identify an individual;
(k) Data and information exempt from disclosure under RCW 43.371.040;
(l) Medical information contained in files and records of members of retirement plans administered by the department of retirement systems or the law enforcement officers' and firefighters' plan 2 retirement board, as provided to the department of retirement systems under RCW 41.04.830; and
(m) Data submitted to the data integration platform under RCW 71.24.908.
(2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.
(3)(a) Documents related to infant mortality reviews conducted pursuant to RCW 70.05.170 are exempt from disclosure as provided for in RCW 70.05.170(3).
(b)(i) If an agency provides copies of public records to another agency that are exempt from public disclosure under this subsection (3), those records remain exempt to the same extent the records were exempt in the possession of the originating entity.
(ii) For notice purposes only, agencies providing exempt records under this subsection (3) to other agencies may mark any exempt records as "exempt" so that the receiving agency is aware of the exemption, however whether or not a record is marked exempt does not affect whether the record is actually exempt from disclosure.
(4) Information and documents related to maternal mortality reviews conducted pursuant to RCW 70.54.450 are confidential and exempt from public inspection and copying.
(5) Patient health care information contained in reports submitted under RCW 71.24.847(2) are confidential and exempt from public inspection.
(6) Information and documents related to traffic fatality reviews conducted under RCW 43.59.040 (1)(f), (2)(a), and (5) are confidential and exempt from public inspection and copying.
[ 2026 c 152 s 1; 2024 c 366 s 19; 2023 sp.s. c 1 s 23; 2020 c 323 s 2; 2016 c 238 s 2; 2014 c 223 s 17; 2013 c 19 s 47. Prior: 2010 c 128 s 3; 2010 c 52 s 6; prior: 2009 c 1 s 24 (Initiative Measure No. 1000, approved November 4, 2008); ( 2009 c 1 s 23 (Initiative Measure No. 1000, approved November 4, 2008) expired July 1, 2009); 2008 c 136 s 5; (2008 c 136 s 4 expired July 1, 2009); prior: 2007 c 273 s 25; 2007 c 261 s 4; 2007 c 259 s 49; prior: 2006 c 209 s 9; 2006 c 8 s 112; 2005 c 274 s 416. ]
NOTES:
Findings—Intent—2024 c 366: See note following RCW 71.24.847.
Finding—2014 c 223: See note following RCW 41.05.690.
Findings—Intent—2010 c 52: See note following RCW 70.168.015.
Expiration date—2009 c 1 (Initiative Measure No. 1000) s 23: "Section 23 of this act expires July 1, 2009." [ 2009 c 1 s 31 (Initiative Measure No. 1000, approved November 4, 2008).]
Short title—Effective dates—2009 c 1 (Initiative Measure No. 1000): See RCW 70.245.901 and 70.245.903.
Effective date—2008 c 136 s 5: "Section 5 of this act takes effect July 1, 2009." [ 2008 c 136 s 7.]
Expiration date—2008 c 136 s 4: "Section 4 of this act expires July 1, 2009." [ 2008 c 136 s 6.]
Effective date—Implementation—2007 c 273: See RCW 70.230.900 and 70.230.901.
Findings—2007 c 261: See note following RCW 43.70.056.
Subheadings not law—2007 c 259: See note following RCW 7.70.060.
Effective date—2006 c 8 ss 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [ 2006 c 8 s 405.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Basic health plan—Confidentiality: RCW 70.47.150.
All or part of any vital records, reports, supporting documentation, vital statistics, data, or information contained therein under chapter 70.58A RCW are not subject to public inspection and copying under this chapter.
[ 2019 c 148 s 39. ]
NOTES:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
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 community sexual assault program or services for underserved populations as defined in RCW 70.125.030 are exempt from disclosure under this chapter.
[ 2012 c 29 s 13; 2005 c 274 s 417. ]
(1) For the purposes of RCW 28B.112.040 through 28B.112.080 regarding postsecondary educational institutions, personal identifying information in an employee personnel file, student file, investigation file, settlement agreement, or other files held by a postsecondary educational institution that reveals the identity of witnesses to or victims of sexual misconduct committed at the postsecondary educational institution by an employee of the institution are exempt from public disclosure and copying. If the victim or witness indicates a desire for disclosure of the victim's or witness' personal identifying information, such desire shall govern.
(2) For purposes of this section, "witness" does not mean an employee under investigation for allegations of sexual misconduct.
[ 2020 c 335 s 7. ]
NOTES:
Findings—Intent—2020 c 335: See note following RCW 28B.112.040.
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, 15.115, 15.100, 15.89, 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, 15.115, 15.100, 15.89, or 16.67 RCW with respect to domestic or export marketing activities or individual producer's production information;
(6) Information obtained 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 under RCW 15.19.080;
(7) Information collected regarding packers and shippers of fruits and vegetables for the issuance of certificates of compliance under RCW 15.17.140(2) and 15.17.143;
(8) Financial statements obtained under RCW 16.65.030(1)(d) for the purposes of determining whether or not the applicant meets the minimum net worth requirements to construct or operate a public livestock market;
(9) Information submitted by an individual or business to the department of agriculture under the requirements of chapters 16.36, 16.57, and 43.23 RCW for the purpose of herd inventory management for animal disease traceability. This information includes animal ownership, numbers of animals, locations, contact information, movements of livestock, financial information, the purchase and sale of livestock, account numbers or unique identifiers issued by government to private entities, and information related to livestock disease or injury that would identify an animal, a person, or location. Disclosure to local, state, and federal officials is not public disclosure. This exemption does not affect the disclosure of information used in reportable animal health investigations under chapter 16.36 RCW once they are complete;
(10) Results of testing for animal diseases from samples submitted by or at the direction of the animal owner or his or her designee that can be identified to a particular business or individual;
(11) Records of international livestock importation that can be identified to a particular animal, business, or individual received from the United States department of homeland security or the United States department of agriculture that are not disclosable by the federal agency under federal law including 5 U.S.C. Sec. 552;
(12) Records related to the entry of prohibited agricultural products imported into Washington state or that had Washington state as a final destination received from the United States department of homeland security or the United States department of agriculture that are not disclosable by the federal agency under federal law including 5 U.S.C. Sec. 552;
(13) Information obtained from the federal government or others under contract with the federal government or records obtained by the department of agriculture, in accordance with RCW 15.135.100;
(14) Hop grower lot numbers and laboratory results associated with the hop grower lot numbers where this information is used by the department of agriculture to issue export documents;
(15) Information or records obtained pursuant to a food and drug administration contract or commissioning agreement, in accordance with RCW 15.130.150; and
(16) The following information or records obtained from the federal food and drug administration by the public health laboratories within the department of health pursuant to a contract or agreement entered into for the purpose of obtaining funding for monitoring food supplies for harmful contaminants, to the extent it is exempt from disclosure under 5 U.S.C. Sec. 552, the federal freedom of information act: Trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; and information expressly required to be kept confidential by other federal laws.
[ 2021 c 99 s 1; 2019 c 337 s 3. Prior: 2018 c 170 s 1; 2018 c 106 s 11; 2012 c 168 s 1; 2010 c 128 s 2; 2009 c 33 s 37; 2007 c 177 s 1; prior: 2006 c 330 s 26; 2006 c 75 s 3; 2005 c 274 s 418. ]
NOTES:
Findings—Intent—2019 c 337: See note following RCW 15.130.150.
Effective date—2006 c 330 s 26: "Section 26 of this act takes effect July 1, 2006." [ 2006 c 330 s 32.]
Construction—2006 c 330: See RCW 15.89.900.
Effective date—2006 c 75 s 3: "Section 3 of this act takes effect July 1, 2006." [ 2006 c 75 s 5.]
Findings—2006 c 75: "The legislature finds that livestock identification numbers, premise information, and animal movement data are proprietary information that all have a role in defining a livestock producer's position within the marketplace, including his or her competitive advantage over other producers. The legislature therefore finds that exempting certain voluntary livestock identification, premise, and movement information from state public disclosure requirements will foster an environment that is more conducive to voluntary participation, and lead to a more effective livestock identification system." [ 2006 c 75 s 1.]
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.
[ 2005 c 274 s 419. ]
Information obtained by the department of commerce under chapter 43.185A RCW during monitoring activities or contract administration that reveals the name or other personal information of occupants or prospective tenants of affordable housing, or the street address of the residential real property occupied or applied for by tenants or prospective tenants of affordable housing, is exempt from disclosure under this chapter.
[ 2023 c 275 s 11. ]
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 either all owners or all insureds, or both, received 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) Examination reports and information obtained by the department of financial institutions from banks under RCW 30A.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, information that could reasonably be expected to reveal the identity of a whistleblower under RCW 21.40.090, and information received under RCW 43.320.190, all of which are confidential and privileged information;
(7) Information provided to the insurance commissioner under RCW 48.110.040(3);
(8) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged;
(9) Documents, materials, or information obtained or provided by the insurance commissioner under RCW 48.31B.015(2) (l) and (m), 48.31B.025, 48.31B.030, 48.31B.035, and 48.31B.036, all of which are confidential and privileged;
(10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims. For the purposes of this subsection:
(a) "Claimant" has the same meaning as in RCW 48.140.010(2).
(b) "Health care facility" has the same meaning as in RCW 48.140.010(6).
(c) "Health care provider" has the same meaning as in RCW 48.140.010(7).
(d) "Insuring entity" has the same meaning as in RCW 48.140.010(8).
(e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);
(11) Documents, materials, or information obtained by the insurance commissioner under RCW 48.135.060;
(12) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.060;
(13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080;
(14) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.140;
(15) Documents, materials, or information obtained by the insurance commissioner under RCW 48.17.595;
(16) Documents, materials, or information obtained by the insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and (7)(a)(ii);
(17) Documents, materials, or information obtained by the insurance commissioner in the commissioner's capacity as receiver under RCW 48.31.025 and 48.99.017, which are records under the jurisdiction and control of the receivership court. The commissioner is not required to search for, log, produce, or otherwise comply with the public records act for any records that the commissioner obtains under chapters 48.31 and 48.99 RCW in the commissioner's capacity as a receiver, except as directed by the receivership court;
(18) Documents, materials, or information obtained by the insurance commissioner under RCW 48.13.151;
(19) Data, information, and documents provided by a carrier pursuant to section 1, chapter 172, Laws of 2010;
(20) Information in a filing of usage-based insurance about the usage-based component of the rate pursuant to RCW 48.19.040(5)(b);
(21) Data, information, and documents that are submitted to the office of the insurance commissioner by an entity providing health care coverage pursuant to RCW 28A.400.275;
(22) Data, information, and documents obtained by the insurance commissioner under RCW 48.29.017;
(23) Information not subject to public inspection or public disclosure under RCW 48.43.730(5);
(24) Documents, materials, or information obtained by the insurance commissioner under chapter 48.05A RCW;
(25) Documents, materials, or information obtained by the insurance commissioner under RCW 48.74.025, 48.74.028, 48.74.100(6), 48.74.110(2) (b) and (c), and 48.74.120 to the extent such documents, materials, or information independently qualify for exemption from disclosure as documents, materials, or information in possession of the commissioner pursuant to a financial conduct examination and exempt from disclosure under RCW 48.02.065;
(26) Nonpublic personal health information obtained by, disclosed to, or in the custody of the insurance commissioner, as provided in RCW 48.02.068;
(27) Documents, materials, or other information, including the corporate annual disclosure obtained by the insurance commissioner under RCW 48.195.020;
(28) Findings and orders disapproving acquisition of a trust institution under RCW 30B.53.100(3);
(29) All claims data, including health care and financial related data received under RCW 41.05.890, received and held by the health care authority;
(30) Documents, materials, or information obtained by the insurance commissioner under RCW 48.150.100, except for providers' names and business addresses;
(31) Contracts not subject to public disclosure under RCW 48.200.040 and 48.43.731; and
(32) Data, information, and documents obtained from an insurer, or by or from the insurance commissioner, under RCW 48.05.320.
[ 2025 c 243 s 1; 2025 c 225 s 1; 2023 c 149 s 12; 2022 c 8 s 2. Prior: 2020 c 243 s 4; 2020 c 240 s 9; 2019 c 389 s 102; prior: 2018 c 260 s 32; 2018 c 30 s 9; prior: 2017 3rd sp.s. c 30 s 2; 2017 c 193 s 2; prior: 2016 c 142 s 20; (2016 c 142 s 19 expired July 1, 2017); 2016 c 122 s 4; prior: 2015 c 122 s 14; 2015 c 122 s 13; 2015 c 17 s 11; 2015 c 17 s 10; prior: 2013 c 277 s 5; 2013 c 65 s 5; 2012 2nd sp.s. c 3 s 8; 2012 c 222 s 2; 2011 c 188 s 21; prior: 2010 c 172 s 2; 2010 c 97 s 3; 2009 c 104 s 23; prior: 2007 c 197 s 7; 2007 c 117 s 36; 2007 c 82 s 17; prior: 2006 c 284 s 17; 2006 c 8 s 210; 2005 c 274 s 420. ]
NOTES:
Reviser's note: This section was amended by 2025 c 225 s 1 and by 2025 c 243 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Rule making—Effective date—2020 c 240: See RCW 48.200.900 and 48.200.901.
Effective date—2018 c 260 ss 14, 22, 23, 31, and 32: See note following RCW 41.05.075.
Effective date—2018 c 30: See note following RCW 48.195.005.
Effective date—2017 3rd sp.s. c 30: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 7, 2017]." [ 2017 3rd sp.s. c 30 s 3.]
Effective date—2016 c 142 s 20: "Section 20 of this act takes effect July 1, 2017." [ 2016 c 142 s 23.]
Expiration date—2016 c 142 s 19: "Section 19 of this act expires July 1, 2017." [ 2016 c 142 s 22.]
Effective date—2016 c 142: See note following RCW 48.74.010.
Intent—2016 c 122: See note following RCW 48.46.243.
Effective dates—2015 c 122: See note following RCW 48.31B.005.
Short title—Effective dates—2015 c 17: See RCW 48.05A.900 and 48.05A.901.
Findings—Goals—Intent—2012 2nd sp.s. c 3: See note following RCW 28A.400.275.
Effective date—2011 c 188: See RCW 48.13.900.
Effective date—2007 c 117: See RCW 48.17.901.
Effective date—2006 c 284: See RCW 48.135.901.
Effective date—2006 c 8 ss 112 and 210: See note following RCW 42.56.360.
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Documents, materials, and information obtained by the insurance commissioner under RCW 48.05.385(2) are confidential and privileged and not subject to public disclosure under this chapter.
[ 2006 c 25 s 3. ]
NOTES:
Short title—2006 c 25 ss 1-3: See note following RCW 48.05.383.
Effective date—2006 c 25 ss 1-4: See note following RCW 48.05.383.
The following information related to employment security is exempt from disclosure under this chapter:
(1) Records maintained by the employment security department and subject to chapter 50.13 or 50A.25 RCW if provided to another individual or organization for operational, research, or evaluation purposes are exempt from disclosure under this chapter; and
(2) Any inventory or data map records created under RCW 50.13.120(1)(b) that reveal the location of personal information or the extent to which it is protected.
[ 2019 c 81 s 10; 2019 c 13 s 68; 2005 c 274 s 421. ]
NOTES:
Reviser's note: This section was amended by 2019 c 13 s 68 and by 2019 c 81 s 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
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, or secure facility for persons civilly confined under chapter 71.09 RCW, 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, secure facility for persons civilly confined under chapter 71.09 RCW, 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 public and private 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 other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets;
(5) The system security and emergency preparedness plan required under RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and 81.112.180; and
(6) Personally identifiable information of employees, and other security information, of a private cloud service provider that has entered into a criminal justice information services agreement as contemplated by the United States department of justice criminal justice information services security policy, as authorized by 28 C.F.R. Part 20.
[ 2023 c 404 s 3; 2022 c 140 s 1; 2021 c 26 s 1; 2017 c 149 s 1; 2016 c 153 s 1; 2013 2nd sp.s. c 33 s 9; 2009 c 67 s 1; 2005 c 274 s 422. ]
NOTES:
Findings—Intent—2023 c 404: See note following RCW 29A.08.105.
Application—2022 c 140 ss 1 and 2: See note following RCW 29A.04.260.
Effective date—2022 c 140: See note following RCW 29A.04.260.
Application—2021 c 26: "The exemptions in this act apply to any public records requests made prior to April 14, 2021, for which the disclosure of records has not already occurred." [ 2021 c 26 s 2.]
Effective date—2021 c 26: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2021]." [ 2021 c 26 s 3.]
The reports and information compiled pursuant to RCW 43.105.450 and section 7, chapter 291, Laws of 2021 are confidential and may not be disclosed under this chapter.
[ 2021 c 291 s 8. ]
The reports and information, or any portions thereof, that are designated confidential by the cybersecurity advisory committee under RCW 38.52.040(4) and the technology services board security subcommittee under RCW 43.105.291 are confidential and may not be disclosed under this chapter.
[ 2023 c 124 s 4. ]
(1) The following information related to election security is exempt from disclosure under this chapter:
(a) The continuity of operations plan for election operations and any security audits, security risk assessments, or security test results, relating to physical security or cybersecurity of election operations or infrastructure. These records are exempt from disclosure in their entirety;
(b) Those portions of records, manuals, or documentation containing technical details and information regarding election infrastructure, which include the systems, software, and networks that support the election process, the public disclosure of which may increase risk to the integrity of election operations or infrastructure;
(c) Voter signatures on ballot return envelopes, ballot declarations, and signature correction forms, including the original documents, copies, and electronic images; and a voter's phone number and email address contained on ballot return envelopes, ballot declarations, or signature correction forms. The secretary of state, by rule, may authorize in-person inspection of unredacted ballot return envelopes, ballot declarations, and signature correction forms in accordance with RCW 29A.04.260;
(d) Records regarding the infrastructure of a private entity submitted to elections officials are exempt from disclosure for a period of 25 years after the creation of the record when accompanied by an express statement that the record contains information about the private entity's infrastructure and public disclosure may increase risk to the integrity of election operations or infrastructure; and
(e) Voted ballots, voted ballot images, copies of voted ballots, photographs of voted ballots, facsimile images of voted ballots, or cast vote records of voted ballots, starting at the time of ballot return from the voter, during storage per RCW 29A.60.110, and through destruction following any retention period or litigation.
(2) The exemptions specified in subsection (1) of this section do not include information or records pertaining to security breaches, except as prohibited from disclosure under RCW 29A.12.200.
(3) The exemptions specified in subsection (1) of this section do not prohibit an audit authorized or required under Title 29A RCW from being conducted.
(4) Requests for records from or any existing reports generated by the statewide voter registration database established under RCW 29A.08.105 must be submitted to and fulfilled by the secretary of state. If a county elections office receives a request for records from or any existing reports generated by the statewide voter registration database established under RCW 29A.08.105, the county elections office shall not produce any records in response to the request, but shall, by the deadline set forth in RCW 42.56.520, direct the requestor to submit their request to the secretary of state. A knowing violation of this subsection is a violation of RCW 29A.84.150.
[ 2026 c 213 s 1; 2023 c 404 s 4. ]
NOTES:
Effective date—2026 c 213: See note following RCW 29A.84.150.
Findings—Intent—2023 c 404: See note following RCW 29A.08.105.
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 fish and wildlife data. Sensitive fish and wildlife data may be released to the following entities and their agents for fish, wildlife, land management purposes, or scientific research needs: Government agencies, public utilities, and accredited colleges and universities. Sensitive fish and wildlife data may be released to tribal governments. Sensitive fish and wildlife data may also be released to the owner, lessee, or right-of-way or easement holder of the private land to which the data pertains. The release of sensitive fish and wildlife data must be subject to a confidentiality agreement, except upon release of sensitive fish and wildlife data to the owner, lessee, or right-of-way or easement holder of private land who initially provided the data. Sensitive fish and wildlife data does not include data related to reports of predatory wildlife as specified in RCW 77.12.885. Sensitive fish and wildlife data must meet at least one of the following criteria of this subsection as applied by the department of fish and wildlife:
(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 and the species behavior or ecology renders it especially vulnerable;
(iii) There is a known demand to visit, take, or disturb the species; or
(iv) The species has an extremely limited distribution and concentration;
(3) The following information regarding any damage prevention cooperative agreement, or nonlethal preventative measures deployed to minimize wolf interactions with pets and livestock:
(a) The name, telephone number, residential address, and other personally identifying information of any person who has a current damage prevention cooperative agreement with the department, including a pet or livestock owner, and his or her employees or immediate family members, who agrees to deploy, or is responsible for the deployment of, nonlethal, preventative measures; and
(b) The legal description or name of any residential property, ranch, or farm, that is owned, leased, or used by any person included in (a) of this subsection;
(4) The following information regarding a reported depredation by wolves on pets or livestock:
(a) The name, telephone number, residential address, and other personally identifying information of:
(i) Any person who reported the depredation;
(ii) Any pet or livestock owner, and his or her employees or immediate family members, whose pet or livestock was the subject of a reported depredation; and
(iii) Any department of fish and wildlife employee, range rider contractor, or trapper contractor who directly:
(A) Responds to a depredation; or
(B) Assists in the lethal removal of a wolf; and
(b) The legal description, location coordinates, or name that identifies any residential property, or ranch or farm that contains a residence, that is owned, leased, or used by any person included in (a) of this subsection;
(5) 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;
(6)(a) Information that the department of fish and wildlife has received or accessed but may not disclose due to confidentiality requirements in the Magnuson-Stevens fishery conservation and management reauthorization act of 2006 (16 U.S.C. Sec. 1861(h)(3) and (i), and Sec. 1881a(b)); and
(b) Fisheries-related information that was collected by another state and is confidential under the laws of that state;
(7) The following tribal fish and shellfish harvest information, shared with the department of fish and wildlife:
(a) Fisher name;
(b) Fisher signature;
(c) Total harvest value per species;
(d) Total harvest value;
(e) Price per pound; and
(f) Tribal tax information; and
(8) The following commercial shellfish harvest information, shared with the department of fish and wildlife:
(a) Individual farmer name;
(b) Individual farmer signature;
(c) Total harvest value per species;
(d) Total harvest value;
(e) Price per pound; and
(f) Tax information.
[ 2024 c 48 s 2; 2018 c 214 s 1. Prior: 2017 c 246 s 1; 2017 c 71 s 1; 2008 c 252 s 1; 2007 c 293 s 1; 2005 c 274 s 423. ]
NOTES:
Expiration date—2024 c 48 s 2: "Section 2 of this act expires June 30, 2027." [ 2024 c 48 s 4.]
Findings—Intent—2024 c 48: "Fishery data and recordkeeping occurs primarily at the state level on the west coast, but many fishers participate in multiple fisheries along the coast and deliver their catches into multiple states. Coastal states regularly share confidential data to ensure regulations are enforced, to understand fisheries performance, and to analyze the need for and likely effects of potential rule changes. The goal of this act is to expressly authorize the department of fish and wildlife to protect data received from other coastal states if that data is confidential under the originating state's laws." [ 2024 c 48 s 1.]
Expiration date—2022 c 294; 2018 c 214 s 1: "Section 1 of this act expires June 30, 2027." [ 2022 c 294 s 2; 2018 c 214 s 3.]
Expiration date—2022 c 294; 2017 c 246: "This act expires June 30, 2027." [ 2022 c 294 s 1; 2017 c 246 s 4.]
PDFRCW 42.56.430
Fish and wildlife. (Effective June 30, 2027.)
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 fish and wildlife data. Sensitive fish and wildlife data may be released to the following entities and their agents for fish, wildlife, land management purposes, or scientific research needs: Government agencies, public utilities, and accredited colleges and universities. Sensitive fish and wildlife data may be released to tribal governments. Sensitive fish and wildlife data may also be released to the owner, lessee, or right-of-way or easement holder of the private land to which the data pertains. The release of sensitive fish and wildlife data must be subject to a confidentiality agreement, except upon release of sensitive fish and wildlife data to the owner, lessee, or right-of-way or easement holder of private land who initially provided the data. Sensitive fish and wildlife data does not include data related to reports of predatory wildlife as specified in RCW 77.12.885. Sensitive fish and wildlife data must meet at least one of the following criteria of this subsection as applied by the department of fish and wildlife:
(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 and the species behavior or ecology renders it especially vulnerable;
(iii) There is a known demand to visit, take, or disturb the species; or
(iv) The species has an extremely limited distribution and concentration;
(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;
(4)(a) Information that the department of fish and wildlife has received or accessed but may not disclose due to confidentiality requirements in the Magnuson-Stevens fishery conservation and management reauthorization act of 2006 (16 U.S.C. Sec. 1861(h)(3) and (i), and Sec. 1881a(b)); and
(b) Fisheries-related information that was collected by another state and is confidential under the laws of that state;
(5) The following tribal fish and shellfish harvest information, shared with the department of fish and wildlife:
(a) Fisher name;
(b) Fisher signature;
(c) Total harvest value per species;
(d) Total harvest value;
(e) Price per pound; and
(f) Tribal tax information; and
(6) The following commercial shellfish harvest information, shared with the department of fish and wildlife:
(a) Individual farmer name;
(b) Individual farmer signature;
(c) Total harvest value per species;
(d) Total harvest value;
(e) Price per pound; and
(f) Tax information.
[ 2024 c 48 s 3; 2018 c 214 s 2; 2017 c 71 s 1; 2008 c 252 s 1; 2007 c 293 s 1; 2005 c 274 s 423.]
Effective date—2024 c 48 s 3: "Section 3 of this act takes effect June 30, 2027." [ 2024 c 48 s 5.]
Effective date—2022 c 294; 2018 c 214 s 2: "Section 2 of this act takes effect June 30, 2027." [ 2022 c 294 s 3; 2018 c 214 s 4.]
(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.
(5) Veteran discharge or separation documents held by the department of veterans affairs are confidential and not subject to disclosure except as provided in RCW 43.60A.290.
[ 2023 c 327 s 6; 2005 c 274 s 424. ]
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.
[ 2005 c 274 s 425. ]
(1) All records obtained and all reports produced as required by state fireworks law, chapter 70.77 RCW, are exempt from disclosure under this chapter.
(2) All records obtained and all reports submitted as required by the Washington state explosives act, chapter 70.74 RCW, are exempt from disclosure under this chapter. Nothing in this subsection (2) shall be construed to restrict access to information related to the regulatory duties or actions of any agency.
[ 2019 c 125 s 1; 2005 c 274 s 426. ]
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.
[ 2005 c 274 s 427. ]
(1) The following information or records created or maintained by the department of corrections or a private detention facility is exempt from public inspection and copying under this chapter:
(a) Body scanner images from any system designed to detect and visualize contraband hidden in body cavities or beneath clothing, including backscatter X-ray, millimeter wave, and transmission X-ray systems;
(b) The following information and records created or maintained pursuant to the federal prison rape elimination act, 34 U.S.C. Sec. 30301 et seq., and its regulations:
(i) Risk assessments, risk indicators, and monitoring plans;
(ii) Reports of sexual abuse or sexual harassment, as defined under 28 C.F.R. 115.6;
(iii) Records of open prison rape elimination act investigations; and
(iv) The identities of individuals other than department of corrections or private detention facility staff, contractors, and volunteers, in closed prison rape elimination act investigation reports and related investigative materials; however, the identity of an accused individual is not exempt if the allegation is determined to have been substantiated; and
(c) Health information in records other than an incarcerated individual's or detained individual's medical, mental health, or dental files.
(2) The exemption of information or records described under subsection (1)(b) and (c) of this section does not apply to requests by the incarcerated individual or detained individual who is the subject of the information, a requestor with the written permission of the incarcerated individual or detained individual who is the subject of the information, or a personal representative of an incarcerated individual or detained individual who is the subject of the information. In response to such requests, the department of corrections or private detention facility may withhold information revealing the identity of other incarcerated or detained individuals.
(3) An agency refusing, in whole or in part, inspection of a public record containing information listed in subsection (1)(c) of this section may cite to subsection (1)(c) of this section, without further explanation, when providing the brief explanation required by RCW 42.56.210(3), and shall also identify the number of pages withheld, if any pages are withheld in their entirety.
(4) For purposes of this section:
(a) "Health information" means any information that identifies or can readily be associated with the identity of an incarcerated individual or detained individual and directly relates to the following: Medical, mental health, or dental diagnoses or conditions; medical, mental health, or dental services, treatments, or procedures, including requests for or complaints about such services, treatments, or procedures; transgender, intersex, nonbinary, or gender nonconforming status; sexual orientation; genital anatomy; or gender-affirming care or accommodations other than an incarcerated individual's or detained individual's preferred name, pronouns, and gender marker.
(b) The following information is not "health information" under this section: (i) Health care information subject to RCW 42.56.360(2) and chapter 70.02 RCW; and (ii) information related to injuries, other than injuries related to medical procedures or genital anatomy, contained in incident reports, infraction records, or use of force reports, prepared by department of corrections or private detention facility staff other than health care providers.
(c) "Incarcerated individual" has the same meaning as "inmate" under RCW 72.09.015 and includes currently or formerly incarcerated individuals.
(d) "Detained individual" means a person confined in a private detention facility.
(e) "Private detention facility" has the same meaning as in RCW 70.395.020.
(5) A private detention facility operating pursuant to a contract with a state or local agency is subject to the requirements of this chapter.
[ 2023 c 419 s 1; 2022 c 272 s 1. ]
NOTES:
Effective date—2023 c 419: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2023]." [ 2023 c 419 s 11.]
Construction—2023 c 419: "This act shall be construed liberally for the accomplishment of the purposes thereof." [ 2023 c 419 s 12.]
Retroactive application—2022 c 272: "This act is remedial, curative, and retroactive, and the exemptions in section 1 of this act apply retroactively to any public records request made prior to March 31, 2022, for which disclosure of records has not already occurred." [ 2022 c 272 s 2.]
Effective date—2022 c 272: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2022]." [ 2022 c 272 s 3.]
Nothing in RCW 42.56.250 and 42.56.330 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.
[ 2005 c 274 s 287; 1991 c 23 s 11; 1990 c 256 s 2; 1987 c 404 s 3. Formerly RCW 42.17.311. ]
(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):
(a) Providing the record;
(b) Providing an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;
(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;
(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or
(e) Denying the public record request.
(2) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.
(3)(a) In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking.
(b) If the requestor fails to respond to an agency request to clarify the request, and the entire request is unclear, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it. Otherwise, the agency must respond, pursuant to this section, to those portions of the request that are clear.
(4) Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.
[ 2017 c 303 s 3; 2010 c 69 s 2; 1995 c 397 s 15; 1992 c 139 s 6; 1975 1st ex.s. c 294 s 18; 1973 c 1 s 32 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.320. ]
NOTES:
Finding—2010 c 69: "The internet provides for instant access to public records at a significantly reduced cost to the agency and the public. Agencies are encouraged to make commonly requested records available on agency websites. When an agency has made records available on its website, members of the public with computer access should be encouraged to preserve taxpayer resources by accessing those records online." [ 2010 c 69 s 1.]
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Whenever a state agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the record is exempt.
Nothing in this section shall be deemed to establish an attorney-client relationship between the attorney general and a person making a request under this section.
[ 1992 c 139 s 10. Formerly RCW 42.17.325. ]
The examination of any specific public record may be enjoined if, upon motion and affidavit by an agency or its representative or a person who is named in the record or to whom the record specifically pertains, the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. An agency has the option of notifying persons named in the record or to whom a record specifically pertains, that release of a record has been requested. However, this option does not exist where the agency is required by law to provide such notice.
[ 1992 c 139 s 7; 1975 1st ex.s. c 294 s 19; 1973 c 1 s 33 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.330. ]
NOTES:
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
(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 or a reasonable estimate of the charges to produce copies of public records, 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 42.56.030 through 42.56.520 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 to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record.
(5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply.
(6) Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis.
[ 2017 c 304 s 5; 2011 c 273 s 1. Prior: 2005 c 483 s 5; 2005 c 274 s 288; 1992 c 139 s 8; 1987 c 403 s 5; 1975 1st ex.s. c 294 s 20; 1973 c 1 s 34 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.340. ]
NOTES:
Intent—Severability—1987 c 403: See notes following RCW 42.56.050.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Application of chapter 300, Laws of 2011: See note following RCW 42.56.565.
The failure to provide a recording of a school district board of directors meeting that is required to be recorded under RCW 42.30.035(2) shall not be a basis for finding that a requester has been denied an opportunity to inspect or copy a public record if the recording, despite the good faith efforts of the school district board of directors to create a recording, is unavailable or unintelligible due to technical issues.
[ 2023 c 67 s 2. ]
NOTES:
Effective date—2023 c 67: See note following RCW 42.30.035.
The procedures in RCW 42.56.550 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.
[ 2005 c 274 s 289; 1995 c 397 s 16. Formerly RCW 42.17.341. ]
NOTES:
Effective date—1995 c 397: See note following RCW 29B.40.020.
(1) A court shall not award penalties under RCW 42.56.550(4) to a person who was serving a criminal sentence in a state, local, or privately operated correctional facility on the date the request for public records was made, unless the court finds that the agency acted in bad faith in denying the person the opportunity to inspect or copy a public record.
(2) The inspection or copying of any nonexempt public record by persons serving criminal sentences in state, local, or privately operated correctional facilities may be enjoined pursuant to this section.
(a) The injunction may be requested by: (i) An agency or its representative; (ii) a person named in the record or his or her representative; or (iii) a person to whom the requests specifically pertains or his or her representative.
(b) The request must be filed in: (i) The superior court in which the movant resides; or (ii) the superior court in the county in which the record is maintained.
(c) In order to issue an injunction, the court must find that:
(i) The request was made to harass or intimidate the agency or its employees;
(ii) Fulfilling the request would likely threaten the security of correctional facilities;
(iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or
(iv) Fulfilling the request may assist criminal activity.
(3) In deciding whether to enjoin a request under subsection (2) of this section, the court may consider all relevant factors including, but not limited to:
(a) Other requests by the requestor;
(b) The type of record or records sought;
(c) Statements offered by the requestor concerning the purpose for the request;
(d) Whether disclosure of the requested records would likely harm any person or vital government interest;
(e) Whether the request seeks a significant and burdensome number of documents;
(f) The impact of disclosure on correctional facility security and order, the safety or security of correctional facility staff, inmates, or others; and
(g) The deterrence of criminal activity.
(4) The motion proceeding described in this section shall be a summary proceeding based on affidavits or declarations, unless the court orders otherwise. Upon a showing by a preponderance of the evidence, the court may enjoin all or any part of a request or requests. Based on the evidence, the court may also enjoin, for a period of time the court deems reasonable, future requests by:
(a) The same requestor; or
(b) An entity owned or controlled in whole or in part by the same requestor.
(5) An agency shall not be liable for penalties under RCW 42.56.550(4) for any period during which an order under this section is in effect, including during an appeal of an order under this section, regardless of the outcome of the appeal.
[ 2011 c 300 s 1; 2009 c 10 s 1. ]
NOTES:
Application—2011 c 300: "This act applies to all actions brought under RCW 42.56.550 in which final judgment has not been entered as of July 22, 2011." [ 2011 c 300 s 2.]
Effective date—2009 c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 20, 2009]." [ 2009 c 10 s 2.]
(1) The attorney general's office shall publish, and update when appropriate, a pamphlet, written in plain language, explaining this chapter.
(2) The attorney general, by February 1, 2006, shall adopt by rule advisory model rules for state and local agencies, as defined in RCW 42.56.010, addressing the following subjects:
(a) Providing fullest assistance to requestors;
(b) Fulfilling large requests in the most efficient manner;
(c) Fulfilling requests for electronic records; and
(d) Any other issues pertaining to public disclosure as determined by the attorney general.
(3) The attorney general, in his or her discretion, may from time to time revise the model rules.
(4) Local agencies should consult the advisory model rules when establishing local ordinances for compliance with the requirements and responsibilities of this chapter.
(5) The attorney general must establish a consultation program to provide information for developing best practices for local agencies requesting assistance in compliance with this chapter including, but not limited to: Responding to records requests, seeking additional public and private resources for developing and updating technology information services, and mitigating liability and costs of compliance. The attorney general may develop the program in conjunction with the advisory model rule and may collaborate with the chief information officer, the state archivist, and other relevant agencies and organizations in developing and managing the program.
(6) The state archivist must offer and provide consultation and training services for local agencies on improving record retention practices.
[ 2019 c 372 s 2; 2017 c 303 s 4; 2007 c 197 s 8. Prior: 2005 c 483 s 4; 2005 c 274 s 290; 1992 c 139 s 9. Formerly RCW 42.17.348. ]
(1) Each state and local agency shall appoint and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency's compliance with the public records disclosure requirements of this chapter. A state or local agency's public records officer may appoint an employee or official of another agency as its public records officer.
(2) For state agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance with the public records disclosure requirements of this chapter shall be published in the state register at the time of designation and maintained thereafter on the code reviser website for the duration of the designation.
(3) For local agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance within the public records disclosure requirements of this chapter shall be made in a way reasonably calculated to provide notice to the public, including posting at the local agency's place of business, posting on its internet site, or including in its publications.
[ 2007 c 456 s 6; 2005 c 483 s 3. Formerly RCW 42.17.253. ]
(1) Any agency that owns or licenses data that includes personal information shall disclose any breach of the security of the system to any resident of this state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the personal information was not secured. Notice is not required if the breach of the security of the system is not reasonably likely to subject consumers to a risk of harm. The breach of secured personal information must be disclosed if the information acquired and accessed is not secured during a security breach or if the confidential process, encryption key, or other means to decipher the secured information was acquired by an unauthorized person.
(2) Any agency that maintains or possesses data that may include personal information that the agency does not own or license shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
(3) The notification required by this section may be delayed if the data owner or licensee contacts a law enforcement agency after discovery of a breach of the security of the system and a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.
(4) For purposes of this section and except under subsection (5) of this section and RCW 42.56.592, notice may be provided by one of the following methods:
(a) Written notice;
(b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or
(c) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following:
(i) Email notice when the agency has an email address for the subject persons;
(ii) Conspicuous posting of the notice on the agency's website page, if the agency maintains one; and
(iii) Notification to major statewide media.
(5) An agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section is in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(6) Any agency that is required to issue notification pursuant to this section shall meet all of the following requirements:
(a) The notification must be written in plain language; and
(b) The notification must include, at a minimum, the following information:
(i) The name and contact information of the reporting agency subject to this section;
(ii) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach;
(iii) A time frame of exposure, if known, including the date of the breach and the date of the discovery of the breach; and
(iv) The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed personal information.
(7) Any agency that is required to issue a notification pursuant to this section to more than five hundred Washington residents as a result of a single breach shall notify the attorney general of the breach no more than thirty days after the breach was discovered.
(a) The notice to the attorney general must include the following information:
(i) The number of Washington residents affected by the breach, or an estimate if the exact number is not known;
(ii) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach;
(iii) A time frame of exposure, if known, including the date of the breach and the date of the discovery of the breach;
(iv) A summary of steps taken to contain the breach; and
(v) A single sample copy of the security breach notification, excluding any personally identifiable information.
(b) The notice to the attorney general must be updated if any of the information identified in (a) of this subsection is unknown at the time notice is due.
(8) Notification to affected individuals must be made in the most expedient time possible, without unreasonable delay, and no more than thirty calendar days after the breach was discovered, unless the delay is at the request of law enforcement as provided in subsection (3) of this section, or the delay is due to any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. An agency may delay notification to the consumer for up to an additional fourteen days to allow for notification to be translated into the primary language of the affected consumers.
(9) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system when the personal information is not used or subject to further unauthorized disclosure.
(10)(a) For purposes of this section, "personal information" means:
(i) An individual's first name or first initial and last name in combination with any one or more of the following data elements:
(A) Social security number or the last four digits of the social security number;
(B) Driver's license number or Washington identification card number;
(C) Account number, credit or debit card number, or any required security code, access code, or password that would permit access to an individual's financial account, or any other numbers or information that can be used to access a person's financial account;
(D) Full date of birth;
(E) Private key that is unique to an individual and that is used to authenticate or sign an electronic record;
(F) Student, military, or passport identification number;
(G) Health insurance policy number or health insurance identification number;
(H) Any information about a consumer's medical history or mental or physical condition or about a health care professional's medical diagnosis or treatment of the consumer; or
(I) Biometric data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual;
(ii) User name or email address in combination with a password or security questions and answers that would permit access to an online account; and
(iii) Any of the data elements or any combination of the data elements described in (a)(i) of this subsection without the consumer's first name or first initial and last name if:
(A) Encryption, redaction, or other methods have not rendered the data element or combination of data elements unusable; and
(B) The data element or combination of data elements would enable a person to commit identity theft against a consumer.
(b) Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(11) For purposes of this section, "secured" means encrypted in a manner that meets or exceeds the national institute of standards and technology standard or is otherwise modified so that the personal information is rendered unreadable, unusable, or undecipherable by an unauthorized person.
[ 2020 c 65 s 1; 2019 c 241 s 5; 2015 c 64 s 3; 2007 c 197 s 9; 2005 c 368 s 1. Formerly RCW 42.17.31922. ]
NOTES:
Effective date—2019 c 241: See note following RCW 19.255.010.
Intent—2015 c 64: See note following RCW 19.255.010.
Similar provision: RCW 19.255.010.
A covered entity under the federal health insurance portability and accountability act of 1996, Title 42 U.S.C. Sec. 1320d et seq., is deemed to have complied with the requirements of this chapter with respect to protected health information if it has complied with section 13402 of the federal health information technology for economic and clinical health act, P.L. 111-5 as it existed on July 24, 2015. Covered entities shall notify the attorney general pursuant to RCW 42.56.590(7) in compliance with the timeliness of notification requirements of section 13402 of the federal health information technology for economic and clinical health act, P.L. 111-5 as it existed on July 24, 2015, notwithstanding the timeline in RCW 42.56.590(7).
[ 2019 c 241 s 6. ]
NOTES:
Effective date—2019 c 241: See note following RCW 19.255.010.
(1) Any waiver of the provisions of RCW 42.56.590 or 42.56.592 is contrary to public policy, and is void and unenforceable.
(2)(a) Any consumer injured by a violation of RCW 42.56.590 may institute a civil action to recover damages.
(b) Any agency that violates, proposes to violate, or has violated RCW 42.56.590 may be enjoined.
(c) The rights and remedies available under RCW 42.56.590 are cumulative to each other and to any other rights and remedies available under law.
[ 2019 c 241 s 7. ]
NOTES:
Effective date—2019 c 241: See note following RCW 19.255.010.
Records of mediation communications that are privileged under chapter 7.07 RCW are exempt from disclosure under this chapter.
[ 2006 c 209 s 15. ]
The following information in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations, not required to apply for a national pollutant discharge elimination system permit is disclosable only in ranges that provide meaningful information to the public while ensuring confidentiality of business information regarding: (1) Number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields. The department of agriculture shall adopt rules to implement this section in consultation with affected state and local agencies.
[ 2005 c 510 s 5. Formerly RCW 42.17.31923. ]
Actual enumeration data collected under RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW shall be used and retained only by the office of financial management and only for the purposes of RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW. The enumeration data collected is confidential, is exempt from public inspection and copying under this chapter, and in accordance with RCW 43.41.435, must be destroyed after it is used.
[ 2014 c 14 s 1. ]
Reports submitted by cannabis research licensees in accordance with rules adopted by the state liquor and cannabis board under RCW 69.50.372 that contain proprietary information are exempt from disclosure under this chapter.
[ 2022 c 16 s 29; 2015 2nd sp.s. c 4 s 1504; 2015 c 71 s 4. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Records in the medical cannabis authorization database established in RCW 69.51A.230 containing names and other personally identifiable information of qualifying patients and designated providers are exempt from disclosure under this chapter.
[ 2022 c 16 s 30; 2015 c 70 s 22. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 21, 22, 32, and 33: See note following RCW 69.51A.230.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
(1) Registration information submitted to the state liquor and cannabis board under RCW 69.51A.250 including the names of all participating members of a cooperative, copies of each member's recognition card, location of the cooperative, and other information required for registration by the state liquor and cannabis board is exempt from disclosure under this chapter.
(2) The definitions in this section apply throughout this section unless the context clearly requires otherwise.
(a) "Cooperative" means a cooperative established under RCW 69.51A.250 to produce and process cannabis only for the medical use of members of the cooperative.
(b) "Recognition card" has the same meaning as provided in RCW 69.51A.010.
[ 2022 c 16 s 31; 2015 2nd sp.s. c 4 s 1002. ]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
(1) Sensitive personal information of vulnerable individuals and sensitive personal information of in-home caregivers for vulnerable populations is exempt from inspection and copying under this chapter.
(2) The following definitions apply to this section:
(a) "In-home caregivers for vulnerable populations" means: (i) Individual providers as defined in RCW 74.39A.240, (ii) home care aides as defined in RCW 18.88B.010, and (iii) family child care providers as defined in RCW 41.56.030.
(b) "Sensitive personal information" means names, addresses, GPS [global positioning system] coordinates, telephone numbers, email addresses, social security numbers, driver's license numbers, or other personally identifying information.
(c) "Vulnerable individual" has the meaning set forth in RCW 9.35.005.
[ 2017 c 4 s 8 (Initiative Measure No. 1501, approved November 8, 2016). ]
NOTES:
Intent—2017 c 4 ss 8, 10, and 11 (Initiative Measure No. 1501): "It is the intent of part three of this act to protect seniors and vulnerable individuals from identity theft and other financial crimes by preventing the release of public records that could be used to victimize them. Sensitive personal information about in-home caregivers for vulnerable populations is protected because its release could facilitate identity crimes against seniors, vulnerable individuals, and other vulnerable populations that these caregivers serve." [ 2017 c 4 s 7 (Initiative Measure No. 1501, approved November 8, 2016).]
Short title—Intent—Construction—2017 c 4 (Initiative Measure No. 1501): See notes following RCW 9.35.005.
[(1)] Nothing in chapter 4, Laws of 2017 shall prevent the release of public information in the following circumstances:
(a) The information is released to a governmental body, including the state's area agencies on aging, and the recipient agrees to protect the confidentiality of the information;
(b) The information concerns individuals who have been accused of or disciplined for abuse, neglect, exploitation, abandonment, or other acts involving the victimization of individuals or other professional misconduct;
(c) The information is being released as part of a judicial or quasi-judicial proceeding and subject to a court's order protecting the confidentiality of the information and allowing it to be used solely in that proceeding;
(d) The information is being provided to a representative certified or recognized under RCW 41.56.240, or as necessary for the provision of fringe benefits to public employees, and the recipient agrees to protect the confidentiality of the information;
(e) The disclosure is required by federal law;
(f) The disclosure is required by a contract between the state and a third party, and the recipient agrees to protect the confidentiality of the information;
(g) The information is released to a person or entity under contract with the state to manage, administer, or provide services to vulnerable residents, or under contract with the state to engage in research or analysis about state services for vulnerable residents, and the recipient agrees to protect the confidentiality of the information; or
(h) Information about specific public employee(s) is released to a bona fide news organization that requests such information to conduct an investigation into, or report upon, the actions of such specific public employee(s).
(2) Nothing in chapter 4, Laws of 2017 shall prevent an agency from providing contact information for the purposes of RCW * 74.39A.056(3) and 74.39A.250. Nothing in chapter 4, Laws of 2017 shall prevent an agency from confirming the licensing or certification status of a caregiver on an individual basis to allow consumers to ensure the licensing or certification status of an individual caregiver.
[ 2017 c 4 s 11 (Initiative Measure No. 1501, approved November 8, 2016). ]
NOTES:
*Reviser's note: RCW 74.39A.056 was amended by 2025 c 214 s 2, changing subsection (3) to subsection (4).
Intent—2017 c 4 ss 8, 10, and 11 (Initiative Measure No. 1501): See note following RCW 42.56.640.
Short title—Intent—Construction—2017 c 4 (Initiative Measure No. 1501): See notes following RCW 9.35.005.
(1) Any data submitted by health carriers to the health benefit exchange for purposes of establishing standardized health plans under RCW 43.71.095 are exempt from disclosure under this chapter. This subsection applies to health carrier data in the custody of the insurance commissioner for purposes of consulting with the health benefit exchange under RCW 43.71.095(1).
(2) Any data submitted by health carriers to the health care authority for purposes of RCW 41.05.410 are exempt from disclosure under this chapter.
[ 2019 c 364 s 2. ]
By December 1, 2023, the public records exemptions accountability committee, in addition to its duties in RCW 42.56.140, must prepare and submit a report to the legislature that includes recommendations on whether the exemption created in RCW 42.56.460(2) should be continued, modified, or terminated. No recommendations or action from the committee or the legislature will result in the continuation of the exemption created in RCW 42.56.460(2).
[ 2019 c 125 s 2. ]
(1) Except by court order issued pursuant to subsection (3) of this section, an agency may not disclose as a response to a public records request made pursuant to this chapter records concerning an agency employee, as defined in subsection (5) of this section, if:
(a) The requestor is a person alleged in the claim of workplace sexual harassment or stalking to have harassed or stalked the agency employee who is named as the victim in the claim; and
(b) After conducting an investigation, the agency issued discipline resulting from the claim of workplace sexual harassment or stalking to the requestor described under (a) of this subsection.
(2)(a) When the requestor is someone other than a person described under subsection (1) of this section, the agency must immediately notify an agency employee upon receipt of a public records request for records concerning that agency employee if the agency conducted an investigation of the claim of workplace sexual harassment or stalking involving the agency employee and the agency issued discipline resulting from the claim.
(b) Upon notice provided in accordance with (a) of this subsection, the agency employee may bring an action in a court of competent jurisdiction to enjoin the agency from disclosing the records. The agency employee shall immediately notify the agency upon filing an action under this subsection. Except for the five-day notification required under RCW 42.56.520, the time for the employing agency to process a request for records is suspended during the pendency of an action filed under this subsection. Upon notice of an action filed under this subsection, the agency may not disclose such records unless by an order issued in accordance with subsection (3) of this section, or if the action is dismissed without the court granting an injunction.
(3)(a) A court of competent jurisdiction, following sufficient notice to the employing agency, may order the release of some or all of the records described in subsections (1) and (2) of this section after finding that, in consideration of the totality of the circumstances, disclosure would not violate the right to privacy under RCW 42.56.050 for the agency employee. An agency that is ordered in accordance with this subsection to disclose records is not liable for penalties, attorneys' fees, or costs under RCW 42.56.550 if the agency has complied with this section.
(b) For the purposes of this section, it is presumed to be highly offensive to a reasonable person under RCW 42.56.050 to disclose, directly or indirectly, records concerning an agency employee who has made a claim of workplace sexual harassment or stalking with the agency, or is named as a victim in the claim, to persons alleged in the claim to have sexually harassed or stalked the agency employee named as the victim and where the agency issued discipline resulting from the claim after conducting an investigation. The presumption set out under this subsection may be rebutted upon showing of clear, cogent, and convincing evidence that disclosure of the requested record or information to persons alleged in the claim to have sexually harassed or stalked the agency employee named as the victim in the claim is not highly offensive.
(4) Nothing in this section restricts access to records described under subsections (1) and (2) of this section where the agency employee consents in writing to disclosure.
(5) For the purposes of this section:
(a) "Agency" means a state agency, including every state office, department, division, bureau, board, commission, or other state agency.
(b) "Agency employee" means a state agency employee who has made a claim of workplace sexual harassment or stalking with the employing agency, or is named as the victim in the claim.
(c) "Records concerning an agency employee" do not include work product created by the agency employee as part of his or her official duties.
[ 2019 c 373 s 2. ]
NOTES:
Findings—2019 c 373: "The legislature finds that state agency employees operate in unique work environments in which there is a higher level of transparency surrounding their daily work activities. The legislature finds that we must act to protect the health and safety of state employees, but even more so when employees become the victims of sexual harassment or stalking. The legislature finds that when a state agency employee is the target of sexual harassment or stalking, there is a significant risk to the employee's physical safety and well-being. The legislature finds that workplace safety is of paramount importance and that the state has an interest in protecting against the inappropriate use of public resources to carry out actions of sexual harassment or stalking." [ 2019 c 373 s 1.]
Effective date—2019 c 373: "This act takes effect July 1, 2020." [ 2019 c 373 s 6.]
(1) Any person who requests and obtains a record concerning an agency employee, as described in RCW 42.56.660, is subject to civil liability if he or she uses the record or information in the record to harass, stalk, threaten, or intimidate that agency employee, or provides the record or information in the record to a person, knowing that the person intends to use it to harass, stalk, threaten, or intimidate that agency employee.
(2) Any person liable under subsection (1) of this section may be sued in superior court by any aggrieved party, or in the name of the state by the attorney general or the prosecuting authority of any political subdivision. The court may order an appropriate civil remedy. The plaintiff may recover up to one thousand dollars for each record used in violation of this section, as well as costs and reasonable attorneys' fees.
(3) For the purposes of this section:
(a) "Agency" means a state agency, including every state office, department, division, bureau, board, commission, or other state agency.
(b) "Agency employee" means a state agency employee who has made a claim of workplace sexual harassment or stalking with the employing agency, or is named as the victim in the claim.
(c) "Record concerning an agency employee" does not include work product created by the agency employee as part of his or her official duties.
[ 2019 c 373 s 3. ]
NOTES:
Effective date—Findings—2019 c 373: See notes following RCW 42.56.660.
By January 1, 2020, the attorney general, in consultation with state agencies, shall create model policies for the implementation of chapter 373, Laws of 2019.
[ 2019 c 373 s 4. ]
NOTES:
Effective date—Findings—2019 c 373: See notes following RCW 42.56.660.
A state agency may not disclose lists of the names of agency employees, as defined under RCW 42.56.660, maintained by the agency in order to administer RCW 42.56.660.
[ 2019 c 373 s 5. ]
NOTES:
Effective date—Findings—2019 c 373: See notes following RCW 42.56.660.
Information obtained by the department of commerce under RCW 61.24.190 that reveals the name or other personal information of the borrower or the street address of the residential real property on which a notice of default was issued is exempt from disclosure under this chapter.
[ 2021 c 151 s 12. ]
NOTES:
Effective date—2021 c 151 ss 5, 9, 11, and 12: See note following RCW 61.24.135.
Findings—Intent—2021 c 151: See note following RCW 61.24.005.
Information and records related to notification or registration for notification as described in RCW 36.28A.455 are exempt from disclosure under this chapter.
[ 2022 c 82 s 3. ]
NOTES:
Effective date—2022 c 82: See note following RCW 72.09.712.
Information and records prepared, owned, used, or retained by the department of corrections that reveal any notification or request for notification regarding any specific individual, or that reveal the identity, location of, or any information submitted by a person who requests or is invited to enroll for notification under RCW 72.09.712(2) or 72.09.710(1), are exempt from public inspection and copying under this chapter.
[ 2023 c 391 s 2. ]
Any data collected by an intelligent speed assistance device as defined in RCW 46.04.218 is exempt from disclosure under this chapter.
[ 2025 c 228 s 7. ]
NOTES:
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Any recipient income data collected by the department of licensing as part of the driver training education course voucher program established under RCW 46.82.480 is exempt from disclosure under this chapter.
[ 2025 c 299 s 12. ]
NOTES:
Findings—Intent—2025 c 299: See note following RCW 46.20.1191.
(1) Except as provided in subsection (4) of this section, records filed with or maintained by the department of labor and industries that reveal the identity of, or contain any personal information about, an employee or applicant who has filed a complaint, requested assistance, or participated in an investigation under chapter 49.92 RCW are confidential and not open to public inspection.
(2) For the purposes of this section, "personal information" includes, but is not limited to, the individual's name, address, telephone number, electronic contact information, identifying photograph, and any medical or health information related to pregnancy or childbirth.
(3) The department may release statistical or summary data that do not disclose the identity of any individual.
(4) This section does not limit disclosure of information:
(a) To the complainant's employer when necessary for the fair determination of the issues in the investigation;
(b) To public employees in the performance of their official duties;
(c) In a court or administrative proceeding when disclosure is required by law or necessary to the fair determination of the issues; and
(d) To the complainant.
[ 2026 c 76 s 2. ]
NOTES:
Effective date—2026 c 76: "This act takes effect January 1, 2027." [ 2026 c 76 s 3.]
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.
[ 2005 c 274 s 401. ]
NOTES:
*Reviser's note: The substance of RCW 42.17.310 through 42.17.31921 was recodified in chapter 42.56 RCW. See the Comparative Table in the Table of Disposition of Former RCW Sections.
It is the intent of the legislature to clarify that no reasonable construction of chapter 42.56 RCW has ever allowed attorney invoices to be withheld in their entirety by any public entity in a request for documents under that chapter. It is further the intent of the legislature that specific descriptions of work performed be redacted only if they would reveal an attorney's mental impressions, actual legal advice, theories, or opinions, or are otherwise exempt under chapter 391, Laws of 2007 or other laws, with the burden upon the public entity to justify each redaction and narrowly construe any exception to full disclosure. The legislature intends to clarify that the public's interest in open, accountable government includes an accounting of any expenditure of public resources, including through liability insurance, upon private legal counsel or private consultants.
[ 2007 c 391 s 1. ]
The legislature finds and declares the following:
(1) Washington state celebrates the rich cultural heritage and diversity of its residents; and
(2) Freedom of religion and protection from persecution on the basis of religion is one of the founding ideals of the nation.
[ 2018 c 303 s 1. ]
A state or local government agency or public employee shall not:
(1) Provide or disclose to federal government authorities personally identifiable information regarding the religious beliefs, practices, or affiliation of any individual, except where the employee is a witness to a crime;
(2) Use public funds, facilities, property, equipment, or personnel to assist in creation, implementation, or enforcement of any government program compiling a list, registry, or database of personally identifiable information about individuals based on religious beliefs, practice, or affiliation, for law enforcement or immigration purposes; or
(3) Make personally identifiable information from agency databases available, including any databases maintained by private vendors contracting with the agency, to anyone or any entity for the purpose of investigation or enforcement under any government program compiling a list, registry, or database of individuals based on religious belief, practice, or affiliation, or national origin, or ethnicity for law enforcement or immigration purposes.
[ 2018 c 303 s 3. ]
State and local law enforcement agencies shall not:
(1) Collect information on the religious belief, practice, or affiliation of any individual except (a) as part of a criminal investigation of an individual based on reasonable suspicion that the individual has engaged in criminal activity, and when there is a nexus between the criminal activity and the specific information collected about religious belief, practice, or affiliation, or (b) where necessary to provide religious accommodations; or
(2) Use public funds, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any criminal, civil, or administrative violation, or warrant for a violation, of any requirement that individuals register with the federal government or any federal agency based on religion.
[ 2018 c 303 s 4. ]
Any agreements in existence on June 7, 2018, that make any state or local government agency information or database available in conflict with the terms of this chapter are terminated on that date to the extent of the conflict.
[ 2018 c 303 s 5. ]
(1) A government agency that makes available an artificial intelligence system intended to interact with consumers must disclose to each consumer, before or at the time of interaction, that the consumer is interacting with an artificial intelligence system. The disclosure must be:
(a) Clear and conspicuously posted;
(b) Written in plain language; and
(c) May not use a dark pattern.
(2) The disclosure may be provided by using a hyperlink to direct a consumer to a separate web page.
(3) An agency is required to make the disclosure under subsection (1) of this section regardless of whether it would be obvious to a reasonable consumer that the consumer is interacting with an artificial intelligence system.
(4) For the purposes of this section, "artificial intelligence system" has the same meaning as in RCW 19.435.010.
[ 2026 c 167 s 6. ]
NOTES:
Effective date—2026 c 167: See note following RCW 19.435.010.
Connect Omnilex to search the legal corpus from your AI assistant.