BILL REQ. #: H-0112.2
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/17/2005. Referred to Committee on State Government Operations & Accountability.
AN ACT Relating to creating the public records act by recodifying and making technical changes to existing law; amending RCW 42.30.900, 2.64.111, 9.41.097, 9.41.129, 10.29.030, 10.29.090, 10.97.080, 10.97.140, 10.98.200, 10.99.090, 13.40.570, 15.19.080, 15.26.295, 15.28.315, 15.44.185, 15.58.060, 15.65.203, 15.66.105, 15.86.110, 15.88.170, 16.67.180, 18.27.120, 18.32.040, 18.39.450, 18.44.031, 18.51.290, 18.64.420, 18.71.0195, 18.71.340, 18.106.320, 18.130.085, 18.130.095, 18.130.110, 18.130.175, 19.28.171, 19.34.240, 19.80.065, 19.230.190, 21.20.855, 21.30.170, 22.09.640, 26.12.170, 26.23.120, 27.53.070, 28A.320.160, 28A.410.095, 28B.85.020, 28C.10.050, 29A.04.225, 29A.60.070, 29A.60.140, 30.04.075, 30.04.230, 30.04.410, 31.12.565, 31.45.030, 31.45.077, 31.45.090, 32.04.220, 32.32.228, 32.32.275, 33.04.110, 34.05.325, 35.02.130, 35.21.228, 35.21.759, 35.102.040, 35A.21.300, 36.01.210, 36.28A.060, 36.57.120, 36.57A.170, 36.70B.220, 36.70C.120, 36.102.200, 39.10.100, 40.07.040, 41.05.026, 41.06.160, 41.06.167, 41.06.450, 41.06.455, 42.17.245, 42.17.251, 42.17.260, 42.17.270, 42.17.305, 42.17.311, 42.17.340, 42.17.341, 42.17.348, 42.17.945, 42.48.030, 42.52.050, 42.52.810, 43.06A.050, 43.21L.120, 43.22.434, 43.33A.025, 43.43.856, 43.52.570, 43.52.612, 43.70.050, 43.70.510, 44.05.080, 46.12.380, 46.12.390, 46.20.041, 46.20.118, 47.64.220, 48.02.065, 48.20.530, 48.21.330, 48.30A.060, 48.32A.185, 48.44.470, 48.46.540, 48.62.101, 48.94.010, 48.104.050, 50.13.015, 50.13.030, 50.13.040, 50.13.060, 50.13.080, 50.38.060, 51.36.120, 52.14.100, 69.41.044, 69.41.280, 69.45.090, 70.02.090, 70.38.095, 70.41.150, 70.44.315, 70.45.030, 70.47.150, 70.77.455, 70.95C.220, 70.102.020, 70.120.100, 70.148.060, 70.149.090, 70.168.070, 70.168.090, 70.190.060, 72.09.116, 72.09.225, 73.04.030, 74.09A.020, 74.13.500, 74.13.515, 74.13.525, 74.34.063, 74.39A.200, 74.46.820, 76.09.060, 80.04.095, 81.104.115, 81.112.180, 82.32.410, 84.08.210, 84.40.020, 90.14.068, and 90.80.135; reenacting and amending RCW 66.28.180, 71.05.390, 82.32.330, and 42.17.310; adding new sections to chapter 42.30 RCW; creating new sections; recodifying RCW 42.17.250, 42.17.251, 42.17.255, 42.17.258, 42.17.260, 42.17.270, 42.17.280, 42.17.290, 42.17.295, 42.17.300, 42.17.305, 42.17.310, 42.17.311, 42.17.320, 42.17.325, 42.17.330, 42.17.340, 42.17.341, and 42.17.348; repealing RCW 42.17.312, 42.17.313, 42.17.314, 42.17.315, 42.17.316, 42.17.317, 42.17.318, 42.17.319, 42.17.31901, 42.17.31902, 42.17.31903, 42.17.31904, 42.17.31905, 42.17.31906, 42.17.31907, 42.17.31908, 42.17.31909, 42.17.31910, 42.17.31911, 42.17.31912, 42.17.31913, 42.17.31914, 42.17.31915, 42.17.31916, 42.17.31917, 42.17.31918, 42.17.31919, 42.17.31920, and 42.17.31921; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that chapter 42.17 RCW
contains laws relating to several discrete subjects. Therefore, the
purpose of this act is to recodify some of those laws and create a new
chapter in the Revised Code of Washington that contains laws pertaining
to open government.
NEW SECTION. Sec. 101 The definitions in RCW 42.17.020 apply
throughout this chapter.
Sec. 102 RCW 42.30.900 and 1971 ex.s. c 250 s 16 are each amended
to read as follows:
This chapter may be cited as the (("Open Public Meetings Act of
1971")) open government act.
NEW SECTION. Sec. 103 The following sections are each
recodified as new sections in chapter
RCW 42.17.250
RCW 42.17.251
RCW 42.17.255
RCW 42.17.258
RCW 42.17.260
RCW 42.17.270
RCW 42.17.280
RCW 42.17.290
RCW 42.17.295
RCW 42.17.300
RCW 42.17.305
RCW 42.17.310
RCW 42.17.311
RCW 42.17.320
RCW 42.17.325
RCW 42.17.330
RCW 42.17.340
RCW 42.17.341
RCW 42.17.348
Sec. 201 RCW 2.64.111 and 1989 c 367 s 6 are each amended to read
as follows:
All pleadings, papers, evidence records, and files of the
commission, including complaints and the identity of complainants,
compiled or obtained during the course of an investigation or initial
proceeding involving the discipline or retirement of a judge or
justice, are exempt from the public disclosure requirements of chapter
((42.17)) 42.30 RCW during such investigation or initial proceeding.
As of the date of a public hearing, all those records of the initial
proceeding that were the basis of a finding of probable cause are
subject to the public disclosure requirements of chapter ((42.17))
42.30 RCW.
Sec. 202 RCW 9.41.097 and 1994 sp.s. c 7 s 412 are each amended
to read as follows:
(1) The department of social and health services, mental health
institutions, and other health care facilities shall, upon request of
a court or law enforcement agency, supply such relevant information as
is necessary to determine the eligibility of a person to possess a
pistol or to be issued a concealed pistol license under RCW 9.41.070 or
to purchase a pistol under RCW 9.41.090.
(2) Mental health information received by: (a) The department of
licensing pursuant to RCW 9.41.047 or 9.41.170; (b) an issuing
authority pursuant to RCW 9.41.047 or 9.41.070; (c) a chief of police
or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law
enforcement agency pursuant to subsection (1) of this section, shall
not be disclosed except as provided in ((RCW 42.17.318)) section 404(4)
of this act.
Sec. 203 RCW 9.41.129 and 1994 sp.s. c 7 s 417 are each amended
to read as follows:
The department of licensing may keep copies or records of
applications for concealed pistol licenses provided for in RCW
9.41.070, copies or records of applications for alien firearm licenses,
copies or records of applications to purchase pistols provided for in
RCW 9.41.090, and copies or records of pistol transfers provided for in
RCW 9.41.110. The copies and records shall not be disclosed except as
provided in ((RCW 42.17.318)) section 404(4) of this act.
Sec. 204 RCW 10.29.030 and 1980 c 146 s 3 are each amended to
read as follows:
(1) The organized crime advisory board shall have the authority, by
a three-fourths vote at a regularly constituted meeting, to petition
the Washington state supreme court for an order appointing a special
inquiry judge as prescribed by this section. Such vote may be on its
own motion or pursuant to a request from the prosecuting attorney of
any county. In the event of such request from a prosecuting attorney
the board shall vote on the question promptly. A petition filed under
this section shall state the general crimes or wrongs to be inquired
into and shall state the reasons why said crimes or wrongs are such
that a statewide special inquiry judge should be authorized to
investigate. The supreme court may order the appointment of a
statewide special inquiry judge, in accordance with the petition, for
a term of six calendar months. Upon petition by the special
prosecutor, and with the approval of the majority of the members of the
organized crime advisory board, the supreme court, by order, may extend
the term of the statewide special inquiry judge for three months. The
term of the statewide special inquiry judge may subsequently be
extended in the same manner for additional three-month periods.
(2) If the petition is granted, the supreme court shall designate
a judge of a superior court to act as a special inquiry judge. The
supreme court shall ensure that sufficient visiting judges are made
available to the superior court from which the appointment is made in
order to compensate for any loss of judicial time.
(3) All of the information and data collected and processed by the
organized crime advisory board and the petition filed with the supreme
court shall be confidential and not subject to examination or
publication pursuant to chapter ((42.17 RCW (Initiative Measure No.
276), as now existing or hereafter amended)) 42.30 RCW, except as
provided by rules of the supreme court of Washington in the case of the
petition.
Sec. 205 RCW 10.29.090 and 1980 c 146 s 9 are each amended to
read as follows:
Within ten days of his or her appointment, a special prosecutor
selected under this chapter shall submit to the organized crime
advisory board an operating budget to fund the activities of his or her
office. The budget may include, but shall not be limited to, funds for
the hiring of assistant special prosecutors, investigators, and
clerical staff. Upon the approval of the budget by a majority of the
members of the board, the costs and expenses of the prosecutor's
operating budget shall be paid for by the state out of the organized
crime prosecution revolving fund. Further operating budgets shall be
proposed, approved, and funded pursuant to this section if the term of
a statewide special inquiry judge is extended pursuant to RCW
10.29.030.
Vouchers and other budget and accounting records of a special
inquiry judge proceeding including such records of the special
prosecutor shall be subject to audit by the state auditor but shall not
be public records within the meaning of chapter ((42.17)) 42.30 RCW.
Sec. 206 RCW 10.97.080 and 1979 ex.s. c 36 s 3 are each amended
to read as follows:
All criminal justice agencies shall permit an individual who is, or
who believes that he may be, the subject of a criminal record
maintained by that agency, to appear in person during normal business
hours of that criminal justice agency and request to see the criminal
history record information held by that agency pertaining to the
individual. The individual's right to access and review of criminal
history record information shall not extend to data contained in
intelligence, investigative, or other related files, and shall not be
construed to include any information other than that defined as
criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available
forms to facilitate the inspection and review of criminal history
record information by the subjects thereof, which rules may include
requirements for identification, the establishment of reasonable
periods of time to be allowed an individual to examine the record, and
for assistance by an individual's counsel, interpreter, or other
appropriate persons.
No person shall be allowed to retain or mechanically reproduce any
nonconviction data except for the purpose of challenge or correction
when the person who is the subject of the record asserts the belief in
writing that the information regarding such person is inaccurate or
incomplete. The provisions of chapter ((42.17)) 42.30 RCW shall not be
construed to require or authorize copying of nonconviction data for any
other purpose.
The Washington state patrol shall establish rules for the challenge
of records which an individual declares to be inaccurate or incomplete,
and for the resolution of any disputes between individuals and criminal
justice agencies pertaining to the accuracy and completeness of
criminal history record information. The Washington state patrol shall
also adopt rules for the correction of criminal history record
information and the dissemination of corrected information to agencies
and persons to whom inaccurate or incomplete information was previously
disseminated. Such rules may establish time limitations of not less
than ninety days upon the requirement for disseminating corrected
information.
Sec. 207 RCW 10.97.140 and 1999 c 326 s 4 are each amended to
read as follows:
Nothing in RCW 40.14.060((,)) or 40.14.070((,)) or ((42.17.310))
chapter 42.30 RCW precludes dissemination of criminal history record
information, including nonconviction data, for the purposes of this
chapter.
Sec. 208 RCW 10.98.200 and 2003 c 104 s 1 are each amended to
read as follows:
(1) The legislature finds that each of the state's justice agencies
and the courts have developed independent information systems to
address independent management and planning needs, that the state's
justice information system is fragmented, and that access to complete,
accurate, and timely justice information is difficult and inefficient.
(2) The legislature declares that the purpose of chapter 104, Laws
of 2003 is to develop and maintain, in a cost-effective manner, a
statewide network of criminal justice information that enables sharing
and integrated delivery of justice information maintained in the
state's independent information systems and that will:
(a) Maximize standardization of data and communications technology
among law enforcement agencies, jails, prosecuting attorneys, the
courts, corrections, and licensing;
(b) Reduce redundant data collection and input efforts;
(c) Reduce or eliminate paper-based information exchanges;
(d) Improve work flow within the criminal justice system;
(e) Provide complete, accurate, and timely information to criminal
justice agencies and courts in a single computer session; and
(f) Maintain security and privacy rights respecting criminal
justice information.
(3) Statewide coordination of criminal justice information will
improve:
(a) The safety of the public and the safety of law enforcement
officers and other public servants, by making more complete, accurate,
and timely information concerning offenders available to all criminal
justice agencies and courts;
(b) Decision making, by increasing the availability of statistical
measures for review, evaluation, and promulgation of public policy; and
(c) Access to complete, accurate, and timely information by the
public, to the extent permitted pursuant to chapters 10.97 and
((42.17)) 42.30 RCW.
(4) The legislature encourages state and local criminal justice
agencies and courts to collaborate in the development of justice
information systems, as criminal justice agencies and courts collect
the most complete, accurate, and timely information regarding
offenders.
(5) The legislature finds that the implementation, operation, and
continuing enhancement of a statewide justice information network that
enables sharing and integrated delivery of information maintained in
the state's independent information systems is critical to the
complete, accurate, and timely performance of criminal background
checks and to the effective communications between and among law
enforcement, the courts, executive agencies, and political subdivisions
of the state. The legislature further finds and declares that it is in
the best interests of the citizens of the state and for the enhancement
of public safety that the Washington integrated justice information
board be created as soon as possible.
(6) The legislature finds that the intent, purpose, and goals of
chapter 104, Laws of 2003 will be implemented most effectively by a
board having the power, authority, and responsibility to develop,
maintain, and enhance a statewide justice information network that
enables sharing and integrated delivery of justice information
maintained in the state's independent information systems.
Sec. 209 RCW 10.99.090 and 2004 c 18 s 3 are each amended to read
as follows:
(1) By December 1, 2004, the association shall develop a written
model policy on domestic violence committed or allegedly committed by
sworn employees of agencies. In developing the policy, the association
shall convene a work group consisting of representatives from the
following entities and professions:
(a) Statewide organizations representing state and local
enforcement officers;
(b) A statewide organization providing training and education for
agencies having the primary responsibility of serving victims of
domestic violence with emergency shelter and other services; and
(c) Any other organization or profession the association determines
to be appropriate.
(2) Members of the work group shall serve without compensation.
(3) The model policy shall provide due process for employees and,
at a minimum, meet the following standards:
(a) Provide prehire screening procedures reasonably calculated to
disclose whether an applicant for a sworn employee position:
(i) Has committed or, based on credible sources, has been accused
of committing an act of domestic violence;
(ii) Is currently being investigated for an allegation of child
abuse or neglect or has previously been investigated for founded
allegations of child abuse or neglect; or
(iii) Is currently or has previously been subject to any order
under RCW 26.44.063, this chapter, chapter 10.14 or 26.50 RCW, or any
equivalent order issued by another state or tribal court;
(b) Provide for the mandatory, immediate response to acts or
allegations of domestic violence committed or allegedly committed by a
sworn employee of an agency;
(c) Provide to a sworn employee, upon the request of the sworn
employee or when the sworn employee has been alleged to have committed
an act of domestic violence, information on programs under RCW
26.50.150;
(d) Provide for the mandatory, immediate reporting by employees
when an employee becomes aware of an allegation of domestic violence
committed or allegedly committed by a sworn employee of the agency
employing the sworn employee;
(e) Provide procedures to address reporting by an employee who is
the victim of domestic violence committed or allegedly committed by a
sworn employee of an agency;
(f) Provide for the mandatory, immediate self-reporting by a sworn
employee to his or her employing agency when an agency in any
jurisdiction has responded to a domestic violence call in which the
sworn employee committed or allegedly committed an act of domestic
violence;
(g) Provide for the mandatory, immediate self-reporting by a sworn
employee to his or her employing agency if the employee is currently
being investigated for an allegation of child abuse or neglect or has
previously been investigated for founded allegations of child abuse or
neglect, or is currently or has previously been subject to any order
under RCW 26.44.063, this chapter, chapter 10.14 or 26.50 RCW, or any
equivalent order issued by another state or tribal court;
(h) Provide for the performance of prompt separate and impartial
administrative and criminal investigations of acts or allegations of
domestic violence committed or allegedly committed by a sworn employee
of an agency;
(i) Provide for appropriate action to be taken during an
administrative or criminal investigation of acts or allegations of
domestic violence committed or allegedly committed by a sworn employee
of an agency. The policy shall provide procedures to address, in a
manner consistent with applicable law and the agency's ability to
maintain public safety within its jurisdiction, whether to relieve the
sworn employee of agency-issued weapons and other agency-issued
property and whether to suspend the sworn employee's power of arrest or
other police powers pending resolution of any investigation;
(j) Provide for prompt and appropriate discipline or sanctions
when, after an agency investigation, it is determined that a sworn
employee has committed an act of domestic violence;
(k) Provide that, when there has been an allegation of domestic
violence committed or allegedly committed by a sworn employee, the
agency immediately make available to the alleged victim the following
information:
(i) The agency's written policy on domestic violence committed or
allegedly committed by sworn employees;
(ii) Information, including but not limited to contact information,
about public and private nonprofit domestic violence advocates and
services; and
(iii) Information regarding relevant confidentiality policies
related to the victim's information;
(l) Provide procedures for the timely response, consistent with
chapters ((42.17)) 42.30 and 10.97 RCW, to an alleged victim's
inquiries into the status of the administrative investigation and the
procedures the agency will follow in an investigation of domestic
violence committed or allegedly committed by a sworn employee;
(m) Provide procedures requiring an agency to immediately notify
the employing agency of a sworn employee when the notifying agency
becomes aware of acts or allegations of domestic violence committed or
allegedly committed by the sworn employee within the jurisdiction of
the notifying agency; and
(n) Provide procedures for agencies to access and share domestic
violence training within their jurisdiction and with other
jurisdictions.
(4) By June 1, 2005, every agency shall adopt and implement a
written policy on domestic violence committed or allegedly committed by
sworn employees of the agency that meet the minimum standards specified
in this section. In lieu of developing its own policy, the agency may
adopt the model policy developed by the association under this section.
In developing its own policy, or before adopting the model policy, the
agency shall consult public and private nonprofit domestic violence
advocates and any other organizations and professions the agency finds
appropriate.
(5)(a) Except as provided in this section, not later than June 30,
2006, every sworn employee of an agency shall be trained by the agency
on the agency's policy required under this section.
(b) Sworn employees hired by an agency on or after March 1, 2006,
shall, within six months of beginning employment, be trained by the
agency on the agency's policy required under this section.
(6)(a) By June 1, 2005, every agency shall provide a copy of its
policy developed under this section to the association and shall
provide a statement notifying the association of whether the agency has
complied with the training required under this section. The copy and
statement shall be provided in electronic format unless the agency is
unable to do so. The agency shall provide the association with any
revisions to the policy upon adoption.
(b) The association shall maintain a copy of each agency's policy
and shall provide to the governor and legislature not later than
January 1, 2006, a list of those agencies that have not developed and
submitted policies and those agencies that have not stated their
compliance with the training required under this section.
(c) The association shall, upon request and within its resources,
provide technical assistance to agencies in developing their policies.
Sec. 210 RCW 13.40.570 and 1999 c 72 s 1 are each amended to read
as follows:
(1) When the secretary has reasonable cause to believe that sexual
intercourse or sexual contact between an employee and an offender has
occurred, notwithstanding any rule adopted under chapter 41.06 RCW the
secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings to
terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the
evidence, to have had sexual intercourse or sexual contact with the
offender; or
(b) Upon a guilty plea or conviction for any crime specified in
chapter 9A.44 RCW when the victim was an offender.
(3) When the secretary has reasonable cause to believe that sexual
intercourse or sexual contact between the employee of a contractor and
an offender has occurred, the secretary shall require the employee of
a contractor to be immediately removed from any employment position
which would permit the employee to have any access to any offender.
(4) The secretary shall disqualify for employment with a contractor
in any position with access to an offender, any person:
(a) Who is found by the department, based on a preponderance of the
evidence, to have had sexual intercourse or sexual contact with the
offender; or
(b) Upon a guilty plea or conviction for any crime specified in
chapter 9A.44 RCW when the victim was an offender.
(5) The secretary, when considering the renewal of a contract with
a contractor who has taken action under subsection (3) or (4) of this
section, shall require the contractor to demonstrate that there has
been significant progress made in reducing the likelihood that any of
its employees will have sexual intercourse or sexual contact with an
offender. The secretary shall examine whether the contractor has taken
steps to improve hiring, training, and monitoring practices and whether
the employee remains with the contractor. The secretary shall not
renew a contract unless he or she determines that significant progress
has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under
this section shall be considered discharged for misconduct.
(b)(i) The department may, within its discretion or upon request of
any member of the public, release information to an individual or to
the public regarding any person or contract terminated under this
section.
(ii) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470 is immune from civil liability
for damages for any discretionary release of relevant and necessary
information, unless it is shown that the official, employee, or agency
acted with gross negligence or in bad faith. The immunity provided
under this section applies to the release of relevant and necessary
information to other public officials, public employees, or public
agencies, and to the public.
(iii) Except as provided in chapter ((42.17)) 42.30 RCW, or
elsewhere, nothing in this section shall impose any liability upon a
public official, public employee, or public agency for failing to
release information authorized under this section. Nothing in this
section implies that information regarding persons designated in
subsection (2) of this section is confidential except as may otherwise
be provided by law.
(7) The department shall adopt rules to implement this section.
The rules shall reflect the legislative intent that this section
prohibits individuals who are employed by the department or a
contractor of the department from having sexual intercourse or sexual
contact with offenders. The rules shall also reflect the legislative
intent that when a person is employed by the department or a contractor
of the department, and has sexual intercourse or sexual contact with an
offender against the employed person's will, the termination provisions
of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or supervision
of the department; and
(c) "Sexual intercourse" and "sexual contact" have the meanings
provided in RCW 9A.44.010.
Sec. 211 RCW 15.19.080 and 1998 c 154 s 28 are each amended to
read as follows:
The department shall not disclose information obtained under this
chapter regarding the purchases, sales, or production of an individual
American ginseng grower or dealer, except for providing reports to the
United States fish and wildlife service. This information is exempt
from public disclosure required by chapter ((42.17)) 42.30 RCW.
Sec. 212 RCW 15.26.295 and 2002 c 313 s 67 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 213 RCW 15.28.315 and 2002 c 313 s 68 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 214 RCW 15.44.185 and 2002 c 313 s 69 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 215 RCW 15.58.060 and 1989 c 380 s 4 are each amended to
read as follows:
(1) The applicant for registration shall file a statement with the
department which shall include:
(a) The name and address of the applicant and the name and address
of the person whose name will appear on the label, if other than the
applicant's;
(b) The name of the pesticide;
(c) The complete formula of the pesticide, including the active and
inert ingredients: PROVIDED, That confidential business information of
a proprietary nature is not made available to any other person and is
exempt from disclosure as a public record, as provided by RCW 42.17.260
(as recodified by this act);
(d) Other necessary information required for completion of the
department's application for registration form; and
(e) A complete copy of the labeling accompanying the pesticide and
a statement of all claims to be made for it, including the directions
and precautions for use.
(2) The director may require a full description of the tests made
and the results thereof upon which the claims are based.
(3) The director may prescribe other necessary information by rule.
Sec. 216 RCW 15.65.203 and 2002 c 313 s 18 are each amended to
read as follows:
(1) Pursuant to ((RCW 42.17.31907)) section 418 of this act,
certain agricultural business records, commodity board records, and
department of agriculture records relating to commodity boards and
producers of agricultural commodities are exempt from public
disclosure.
(2) Financial and commercial information and records submitted to
either the department or a commodity board for the purpose of
administering this chapter or a marketing order or agreement may be
shared between the department and the applicable commodity board. They
may also be used, if required, in any suit or administrative hearing
involving this chapter or a marketing order or agreement.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of a
number of persons subject to any marketing order or agreement as long
as the statements do not identify the information furnished by any
person; or
(b) The publication by the director or a commodity board of the
name of any person violating any marketing order or agreement and a
statement of the manner of the violation by that person.
Sec. 217 RCW 15.66.105 and 2002 c 313 s 50 are each amended to
read as follows:
(1) Pursuant to ((RCW 42.17.31907)) section 418 of this act,
certain agricultural business records, commodity commission records,
and department of agriculture records relating to commodity commissions
and producers of agricultural commodities are exempt from public
disclosure.
(2) Financial and commercial information and records submitted to
either the department or a commodity commission for the purpose of
administering this chapter or a marketing order may be shared between
the department and the applicable commodity commission. They may also
be used, if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of a
number of persons subject to any marketing order as long as the
statements do not identify the information furnished by any person; or
(b) The publication by the director or a commodity commission of
the name of any person violating any marketing order and a statement of
the manner of the violation by that person.
Sec. 218 RCW 15.86.110 and 1992 c 71 s 11 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
department shall keep confidential any business related information
obtained under this chapter concerning an entity certified under this
chapter or an applicant for such certification and such information
shall be exempt from public inspection and copying under chapter
((42.17)) 42.30 RCW.
(2) Applications for certification under this chapter and
laboratory analyses pertaining to that certification shall be available
for public inspection and copying.
Sec. 219 RCW 15.88.170 and 2002 c 313 s 70 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 220 RCW 16.67.180 and 2002 c 313 s 71 are each amended to
read as follows:
(1) Under ((RCW 42.17.31907)) section 418 of this act, certain
agricultural business records, commission records, and department of
agriculture records relating to the commission and producers of
agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to
either the department or the commission for the purpose of
administering this chapter may be shared between the department and the
commission. They may also be used, if required, in any suit or
administrative hearing involving any provision of this chapter or a
marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of
persons subject to this chapter as long as the statements do not
identify the information furnished by any person; or
(b) The publication by the director or the commission of the name
of any person violating this chapter and a statement of the manner of
the violation by that person.
Sec. 221 RCW 18.27.120 and 1983 1st ex.s. c 2 s 20 are each
amended to read as follows:
(1) The department shall compile a list of all contractors
registered under this chapter and update the list at least bimonthly.
The list shall be considered as public record information and shall be
available to the public upon request: PROVIDED, That the department
may charge a reasonable fee under RCW 42.17.300 (as recodified by this
act).
(2) The department shall inform any person, firm, or corporation,
if a contractor is registered, and if a contractor is bonded or
insured, without charge except for a reasonable fee under RCW 42.17.300
(as recodified by this act) for copies made.
Sec. 222 RCW 18.32.040 and 1994 sp.s. c 9 s 211 are each amended
to read as follows:
The commission shall require that every applicant for a license to
practice dentistry shall:
(1) Present satisfactory evidence of graduation from a dental
college, school, or dental department of an institution approved by the
commission;
(2) Submit, for the files of the commission, a recent picture duly
identified and attested; and
(3) Pass an examination prepared or approved by and administered
under the direction of the commission. The dentistry licensing
examination shall consist of practical and written tests upon such
subjects and of such scope as the commission determines. The
commission may accept, in lieu of all or part of a written examination,
a certificate granted by a national or regional testing organization
approved by the commission. The commission shall set the standards for
passing the examination. The secretary shall keep on file the
examination papers and records of examination for at least one year.
This file shall be open for inspection by the applicant or the
applicant's agent unless the disclosure will compromise the examination
process as determined by the commission or is exempted from disclosure
under ((RCW 42.17.250 through 42.17.340)) chapter 42.30 RCW.
Sec. 223 RCW 18.39.450 and 1994 c 17 s 7 are each amended to read
as follows:
(1) In the event of a finding of unprofessional conduct, the board
shall prepare and serve findings of fact and an order as provided in
chapter 34.05 RCW and the board shall notify the public, which notice
must include press releases to appropriate local news media and the
major news wire services. If the license, registration, endorsement,
or permit holder or applicant is found to have not committed
unprofessional conduct, the board shall immediately prepare and serve
findings of fact and an order of dismissal of the charges. The board
shall retain the findings of fact and order as a permanent record.
(2) The board shall report the issuance of statements of charges
and final orders in cases processed by the board to:
(a) The person or agency who brought to the board's attention
information that resulted in the initiation of the case;
(b) Appropriate organizations, public or private, that serve the
professions; and
(c) Counterpart licensing boards in other states or associations of
state licensing boards.
(3) This section does not require the reporting of information that
is exempt from public disclosure under chapter ((42.17)) 42.30 RCW.
Sec. 224 RCW 18.44.031 and 1999 c 30 s 3 are each amended to read
as follows:
An application for an escrow agent license shall be in writing in
such form as is prescribed by the director, and shall be verified on
oath by the applicant. An application for an escrow agent license
shall include fingerprints for all officers, directors, owners,
partners, and controlling persons, and, unless waived by the director,
the following:
(1) The applicant's form of business organization and place of
organization;
(2) If the applicant is a corporation or limited liability company,
the address of its physical location, a list of officers, controlling
persons, and directors of such corporation or company and their
residential addresses, telephone numbers, and other identifying
information as the director may determine by rule. If the applicant is
a sole proprietorship or partnership, the address of its business
location, a list of owners, partners, or controlling persons and their
residential addresses, telephone numbers, and other identifying
information as the director may determine by rule. Any information in
the application regarding the personal residential address or telephone
number of any officer, director, partner, owner, controlling person, or
employee is exempt from the public records disclosure requirements of
chapter ((42.17)) 42.30 RCW;
(3) In the event the applicant is doing business under an assumed
name, a copy of the master business license with the registered trade
name shown;
(4) The qualifications and business history of the applicant and
all of its officers, directors, owners, partners, and controlling
persons;
(5) A personal credit report from a recognized credit reporting
bureau satisfactory to the director on all officers, directors, owners,
partners, and controlling persons of the applicant;
(6) Whether any of the officers, directors, owners, partners, or
controlling persons have been convicted of any crime within the
preceding ten years which relates directly to the business or duties of
escrow agents, or have suffered a judgment within the preceding five
years in any civil action involving fraud, misrepresentation, any
unfair or deceptive act or practice, or conversion;
(7) The identity of the licensed escrow officer designated by the
escrow agent as the designated escrow officer responsible for
supervising the agent's escrow activity;
(8) Evidence of compliance with the bonding and insurance
requirements of RCW 18.44.201; and
(9) Any other information the director may require by rule. The
director may share any information contained within a license
application, including fingerprints, with the federal bureau of
investigation and other regulatory or law enforcement agencies.
Sec. 225 RCW 18.51.290 and 1980 c 184 s 4 are each amended to
read as follows:
Any writing received, owned, used, or retained by the department in
connection with the provisions of this chapter is a public record and,
as such, is open to public inspection. Copies of such records provided
for public inspection shall comply with RCW 42.17.260(1) (as recodified
by this act). The names of duly authorized officers, employees, or
agents of the department shall be included.
Sec. 226 RCW 18.64.420 and 1991 c 87 s 12 are each amended to
read as follows:
All records, reports, and information obtained by the department
from or on behalf of an entity licensed under chapter 48.20, 48.21,
48.44, or 48.46 RCW shall be confidential and exempt from inspection
and copying under chapter ((42.17)) 42.30 RCW. Nothing in this section
restricts the investigation or the proceedings of the board or the
department so long as the board and the department comply with the
provisions of chapter ((42.17)) 42.30 RCW. Nothing in this section or
in chapter ((42.17)) 42.30 RCW shall restrict the board or the
department from complying with any mandatory reporting requirements
that exist or may exist under federal law, nor shall the board or the
department be restricted from providing to any person the name of any
nonresident pharmacy that is or has been licensed or disciplined under
RCW 18.64.350 through 18.64.400.
Sec. 227 RCW 18.71.0195 and 1998 c 132 s 2 are each amended to
read as follows:
(1) The contents of any report filed under RCW 18.130.070 shall be
confidential and exempt from public disclosure pursuant to chapter
((42.17)) 42.30 RCW, except that it may be reviewed (a) by the licensee
involved or his or her counsel or authorized representative who may
submit any additional exculpatory or explanatory statements or other
information, which statements or other information shall be included in
the file, or (b) by a representative of the commission, or investigator
thereof, who has been assigned to review the activities of a licensed
physician.
Upon a determination that a report is without merit, the
commission's records may be purged of information relating to the
report.
(2) Every individual, medical association, medical society,
hospital, medical service bureau, health insurance carrier or agent,
professional liability insurance carrier, professional standards review
organization, agency of the federal, state, or local government, or the
entity established by RCW 18.71.300 and its officers, agents, and
employees are immune from civil liability, whether direct or
derivative, for providing information to the commission under RCW
18.130.070, or for which an individual health care provider has
immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260.
Sec. 228 RCW 18.71.340 and 1998 c 132 s 7 are each amended to
read as follows:
All entity records are not subject to disclosure pursuant to
chapter ((42.17)) 42.30 RCW.
Sec. 229 RCW 18.106.320 and 2002 c 82 s 5 are each amended to
read as follows:
(1) Contractors shall accurately verify and attest to the trainee
hours worked by plumbing trainees on behalf of the contractor and that
all training hours were under the supervision of a certified plumber
and within the proper ratio, and shall provide the supervising
plumbers' names and certificate numbers. However, contractors are not
required to identify which hours a trainee works with a specific
certified plumber.
(2) The department may audit the records of a contractor that has
verified the hours of experience submitted by a plumbing trainee to the
department under RCW 18.106.030 in the following circumstances:
Excessive hours were reported; hours were reported outside the normal
course of the contractor's business; or for other similar circumstances
in which the department demonstrates a likelihood of excessive or
improper hours being reported. The department shall limit the audit to
records necessary to verify hours. The department shall adopt rules
implementing audit procedures. Information obtained from a contractor
under the provisions of this section is confidential and is not open to
public inspection under chapter ((42.17)) 42.30 RCW.
(3) Violation of this section by a contractor is an infraction.
Sec. 230 RCW 18.130.085 and 1993 c 360 s 1 are each amended to
read as follows:
If the department communicates in writing to a complainant, or his
or her representative, regarding his or her complaint, such
communication shall not include the address or telephone number of the
health care provider against whom he or she has complained. The
department shall inform all applicants for a health care provider
license of the provisions of this section and ((RCW 42.17.310)) chapter
42.30 RCW regarding the release of address and telephone information.
Sec. 231 RCW 18.130.095 and 1997 c 270 s 1 are each amended to
read as follows:
(1)(a) The secretary, in consultation with the disciplining
authorities, shall develop uniform procedural rules to respond to
public inquiries concerning complaints and their disposition, active
investigations, statement of charges, findings of fact, and final
orders involving a licensee, applicant, or unlicensed person. The
uniform procedural rules adopted under this subsection apply to all
adjudicative proceedings conducted under this chapter and shall include
provisions for establishing time periods for initial assessment,
investigation, charging, discovery, settlement, and adjudication of
complaints, and shall include enforcement provisions for violations of
the specific time periods by the department, the disciplining
authority, and the respondent. A licensee must be notified upon
receipt of a complaint, except when the notification would impede an
effective investigation. At the earliest point of time the licensee
must be allowed to submit a written statement about that complaint,
which statement must be included in the file. Complaints filed after
July 27, 1997, are exempt from public disclosure under chapter
((42.17)) 42.30 RCW until the complaint has been initially assessed and
determined to warrant an investigation by the disciplining authority.
Complaints determined not to warrant an investigation by the
disciplining authority are no longer considered complaints, but must
remain in the records and tracking system of the department.
Information about complaints that did not warrant an investigation,
including the existence of the complaint, may be released only upon
receipt of a written public disclosure request or pursuant to an
interagency agreement as provided in (b) of this subsection.
Complaints determined to warrant no cause for action after
investigation are subject to public disclosure, must include an
explanation of the determination to close the complaint, and must
remain in the records and tracking system of the department.
(b) The secretary, on behalf of the disciplining authorities, shall
enter into interagency agreements for the exchange of records, which
may include complaints filed but not yet assessed, with other state
agencies if access to the records will assist those agencies in meeting
their federal or state statutory responsibilities. Records obtained by
state agencies under the interagency agreements are subject to the
limitations on disclosure contained in (a) of this subsection.
(2) The uniform procedures for conducting investigations shall
provide that prior to taking a written statement:
(a) For violation of this chapter, the investigator shall inform
such person, in writing of: (i) The nature of the complaint; (ii) that
the person may consult with legal counsel at his or her expense prior
to making a statement; and (iii) that any statement that the person
makes may be used in an adjudicative proceeding conducted under this
chapter; and
(b) From a witness or potential witness in an investigation under
this chapter, the investigator shall inform the person, in writing,
that the statement may be released to the licensee, applicant, or
unlicensed person under investigation if a statement of charges is
issued.
(3) Only upon the authorization of a disciplining authority
identified in RCW 18.130.040(2)(b), the secretary, or his or her
designee, may serve as the presiding officer for any disciplinary
proceedings of the disciplining authority authorized under this
chapter. Except as provided in RCW 18.130.050(8), the presiding
officer shall not vote on or make any final decision. All functions
performed by the presiding officer shall be subject to chapter 34.05
RCW. The secretary, in consultation with the disciplining authorities,
shall adopt procedures for implementing this subsection.
(4) The uniform procedural rules shall be adopted by all
disciplining authorities listed in RCW 18.130.040(2), and shall be used
for all adjudicative proceedings conducted under this chapter, as
defined by chapter 34.05 RCW. The uniform procedural rules shall
address the use of a presiding officer authorized in subsection (3) of
this section to determine and issue decisions on all legal issues and
motions arising during adjudicative proceedings.
Sec. 232 RCW 18.130.110 and 1989 c 175 s 70 are each amended to
read as follows:
(1) In the event of a finding of unprofessional conduct, the
disciplining authority shall prepare and serve findings of fact and an
order as provided in chapter 34.05 RCW, the Administrative Procedure
Act. If the license holder or applicant is found to have not committed
unprofessional conduct, the disciplining authority shall forthwith
prepare and serve findings of fact and an order of dismissal of the
charges, including public exoneration of the licensee or applicant.
The findings of fact and order shall be retained by the disciplining
authority as a permanent record.
(2) The disciplining authority shall report the issuance of
statements of charges and final orders in cases processed by the
disciplining authority to:
(a) The person or agency who brought to the disciplining
authority's attention information which resulted in the initiation of
the case;
(b) Appropriate organizations, public or private, which serve the
professions;
(c) The public. Notification of the public shall include press
releases to appropriate local news media and the major news wire
services; and
(d) Counterpart licensing boards in other states, or associations
of state licensing boards.
(3) This section shall not be construed to require the reporting of
any information which is exempt from public disclosure under chapter
((42.17)) 42.30 RCW.
Sec. 233 RCW 18.130.175 and 1998 c 132 s 10 are each amended to
read as follows:
(1) In lieu of disciplinary action under RCW 18.130.160 and if the
disciplining authority determines that the unprofessional conduct may
be the result of substance abuse, the disciplining authority may refer
the license holder to a voluntary substance abuse monitoring program
approved by the disciplining authority.
The cost of the treatment shall be the responsibility of the
license holder, but the responsibility does not preclude payment by an
employer, existing insurance coverage, or other sources. Primary
alcoholism or other drug addiction treatment shall be provided by
approved treatment programs under RCW 70.96A.020 or by any other
provider approved by the entity or the commission. However, nothing
shall prohibit the disciplining authority from approving additional
services and programs as an adjunct to primary alcoholism or other drug
addiction treatment. The disciplining authority may also approve the
use of out-of-state programs. Referral of the license holder to the
program shall be done only with the consent of the license holder.
Referral to the program may also include probationary conditions for a
designated period of time. If the license holder does not consent to
be referred to the program or does not successfully complete the
program, the disciplining authority may take appropriate action under
RCW 18.130.160. The secretary shall adopt uniform rules for the
evaluation by the disciplinary authority of a relapse or program
violation on the part of a license holder in the substance abuse
monitoring program. The evaluation shall encourage program
participation with additional conditions, in lieu of disciplinary
action, when the disciplinary authority determines that the license
holder is able to continue to practice with reasonable skill and
safety.
(2) In addition to approving substance abuse monitoring programs
that may receive referrals from the disciplining authority, the
disciplining authority may establish by rule requirements for
participation of license holders who are not being investigated or
monitored by the disciplining authority for substance abuse. License
holders voluntarily participating in the approved programs without
being referred by the disciplining authority shall not be subject to
disciplinary action under RCW 18.130.160 for their substance abuse, and
shall not have their participation made known to the disciplining
authority, if they meet the requirements of this section and the
program in which they are participating.
(3) The license holder shall sign a waiver allowing the program to
release information to the disciplining authority if the licensee does
not comply with the requirements of this section or is unable to
practice with reasonable skill or safety. The substance abuse program
shall report to the disciplining authority any license holder who fails
to comply with the requirements of this section or the program or who,
in the opinion of the program, is unable to practice with reasonable
skill or safety. License holders shall report to the disciplining
authority if they fail to comply with this section or do not complete
the program's requirements. License holders may, upon the agreement of
the program and disciplining authority, reenter the program if they
have previously failed to comply with this section.
(4) The treatment and pretreatment records of license holders
referred to or voluntarily participating in approved programs shall be
confidential, shall be exempt from ((RCW 42.17.250 through 42.17.450))
chapter 42.30 RCW, and shall not be subject to discovery by subpoena or
admissible as evidence except for monitoring records reported to the
disciplining authority for cause as defined in subsection (3) of this
section. Monitoring records relating to license holders referred to
the program by the disciplining authority or relating to license
holders reported to the disciplining authority by the program for
cause, shall be released to the disciplining authority at the request
of the disciplining authority. Records held by the disciplining
authority under this section shall be exempt from ((RCW 42.17.250
through 42.17.450)) chapter 42.30 RCW and shall not be subject to
discovery by subpoena except by the license holder.
(5) "Substance abuse," as used in this section, means the
impairment, as determined by the disciplining authority, of a license
holder's professional services by an addiction to, a dependency on, or
the use of alcohol, legend drugs, or controlled substances.
(6) This section does not affect an employer's right or ability to
make employment-related decisions regarding a license holder. This
section does not restrict the authority of the disciplining authority
to take disciplinary action for any other unprofessional conduct.
(7) A person who, in good faith, reports information or takes
action in connection with this section is immune from civil liability
for reporting information or taking the action.
(a) The immunity from civil liability provided by this section
shall be liberally construed to accomplish the purposes of this section
and the persons entitled to immunity shall include:
(i) An approved monitoring treatment program;
(ii) The professional association operating the program;
(iii) Members, employees, or agents of the program or association;
(iv) Persons reporting a license holder as being possibly impaired
or providing information about the license holder's impairment; and
(v) Professionals supervising or monitoring the course of the
impaired license holder's treatment or rehabilitation.
(b) The courts are strongly encouraged to impose sanctions on
clients and their attorneys whose allegations under this subsection are
not made in good faith and are without either reasonable objective,
substantive grounds, or both.
(c) The immunity provided in this section is in addition to any
other immunity provided by law.
Sec. 234 RCW 19.28.171 and 2001 c 211 s 11 are each amended to
read as follows:
The department may audit the records of an electrical contractor
that has verified the hours of experience submitted by an electrical
trainee to the department under RCW 19.28.161(2) in the following
circumstances: Excessive hours were reported; hours reported outside
the normal course of the contractor's business; the type of hours
reported do not reasonably match the type of permits purchased; or for
other similar circumstances in which the department demonstrates a
likelihood of excessive hours being reported. The department shall
limit the audit to records necessary to verify hours. The department
shall adopt rules implementing audit procedures. Information obtained
from an electrical contractor under the provisions of this section is
confidential and is not open to public inspection under chapter
((42.17)) 42.30 RCW.
Sec. 235 RCW 19.34.240 and 1997 c 27 s 11 are each amended to
read as follows:
(1) By accepting a certificate issued by a licensed certification
authority, the subscriber identified in the certificate assumes a duty
to exercise reasonable care to retain control of the private key and
prevent its disclosure to a person not authorized to create the
subscriber's digital signature. The subscriber is released from this
duty if the certificate expires or is revoked.
(2) A private key is the personal property of the subscriber who
rightfully holds it.
(3) A private key in the possession of a state agency or local
agency, as those terms are defined by RCW 42.17.020, is exempt from
public inspection and copying under chapter ((42.17)) 42.30 RCW.
Sec. 236 RCW 19.80.065 and 2000 c 171 s 59 are each amended to
read as follows:
RCW 42.17.260(9) (as recodified by this act) does not apply to
registrations made under this chapter.
Sec. 237 RCW 19.230.190 and 2003 c 287 s 21 are each amended to
read as follows:
(1) Except as otherwise provided in subsection (2) of this section,
all information or reports obtained by the director from an applicant,
licensee, or authorized delegate and all information contained in, or
related to, examination, investigation, operating, or condition reports
prepared by, on behalf of, or for the use of the director, or financial
statements, balance sheets, or authorized delegate information, are
confidential and are not subject to disclosure under chapter ((42.17))
42.30 RCW.
(2) The director may disclose information not otherwise subject to
disclosure under subsection (1) of this section to representatives of
state or federal agencies who agree in writing to maintain the
confidentiality of the information; or if the director finds that the
release is reasonably necessary for the protection of the public and in
the interests of justice.
(3) This section does not prohibit the director from disclosing to
the public a list of persons licensed under this chapter or the
aggregated financial data concerning those licensees.
Sec. 238 RCW 21.20.855 and 1988 c 244 s 16 are each amended to
read as follows:
(1) Examination reports and information obtained by the director or
the director's representatives in conducting examinations pursuant to
RCW 21.20.700 shall not be subject to public disclosure under chapter
((42.17)) 42.30 RCW.
(2) In any civil action in which the reports are sought to be
discovered or used as evidence, any party may, upon notice to the
director, petition the court for an in camera review of the report.
The court may permit discovery and introduction of only those portions
of the report which are relevant and otherwise unobtainable by the
requesting party. This subsection shall not apply to an action brought
or defended by the director.
Sec. 239 RCW 21.30.170 and 1986 c 14 s 18 are each amended to
read as follows:
(1) All information collected, assembled, or maintained by the
director under this chapter is public information and is available for
the examination of the public as provided by chapter ((42.17)) 42.30
RCW except the following:
(a) Information obtained in private investigations pursuant to RCW
21.30.100 or 21.30.110;
(b) Information exempt from public disclosure under chapter
((42.17)) 42.30 RCW; and
(c) Information obtained from federal or state agencies which may
not be disclosed under federal or state law.
(2) The director in the director's discretion may disclose any
information made confidential under subsection (1)(a) of this section
to persons identified in RCW 21.30.180.
(3) No provision of this chapter either creates or derogates from
any privilege which exists at common law, by statute, or otherwise when
any documentary or other evidence is sought under subpoena directed to
the director or any employee of the director.
Sec. 240 RCW 22.09.640 and 1979 ex.s. c 238 s 25 are each amended
to read as follows:
Notwithstanding the provisions of chapter ((42.17)) 42.30 RCW, the
department shall publish annually and distribute to interested parties,
a list of licensed warehouses showing the location, county, capacity,
and bond coverage for each company.
Sec. 241 RCW 26.12.170 and 1994 c 267 s 3 are each amended to
read as follows:
To facilitate and promote the purposes of this chapter, family
court judges and court commissioners may order or recommend family
court services, parenting seminars, drug and alcohol abuse evaluations
and monitoring of the parties through public or private treatment
services, other treatment services, the aid of physicians,
psychiatrists, other specialists, or other services or may recommend
the aid of the pastor or director of any religious denomination to
which the parties may belong.
If the court has reasonable cause to believe that a child of the
parties has suffered abuse or neglect it may file a report with the
proper law enforcement agency or the department of social and health
services as provided in RCW 26.44.040. Upon receipt of such a report
the law enforcement agency or the department of social and health
services will conduct an investigation into the cause and extent of the
abuse or neglect. The findings of the investigation may be made
available to the court if ordered by the court as provided in RCW
42.17.310(((3)))(2) (as recodified by this act). The findings shall be
restricted to the issue of abuse and neglect and shall not be
considered custody investigations.
Sec. 242 RCW 26.23.120 and 1998 c 160 s 4 are each amended to
read as follows:
(1) Any information or records concerning individuals who owe a
support obligation or for whom support enforcement services are being
provided which are obtained or maintained by the Washington state
support registry, the division of child support, or under chapter 74.20
RCW shall be private and confidential and shall only be subject to
public disclosure as provided in subsection (2) of this section.
(2) The secretary of the department of social and health services
may adopt rules:
(a) That specify what information is confidential;
(b) That specify the individuals or agencies to whom this
information and these records may be disclosed;
(c) Limiting the purposes for which the information may be
disclosed;
(d) Establishing procedures to obtain the information or records;
or
(e) Establishing safeguards necessary to comply with federal law
requiring safeguarding of information.
(3) The rules adopted under subsection (2) of this section shall
provide for disclosure of the information and records, under
appropriate circumstances, which shall include, but not be limited to:
(a) When authorized or required by federal statute or regulation
governing the support enforcement program;
(b) To the person the subject of the records or information, unless
the information is exempt from disclosure under ((RCW 42.17.310))
chapter 42.30 RCW;
(c) To government agencies, whether state, local, or federal, and
including federally recognized tribes, law enforcement agencies,
prosecuting agencies, and the executive branch, if the disclosure is
necessary for child support enforcement purposes or required under
Title IV-D of the federal social security act;
(d) To the parties in a judicial or adjudicative proceeding upon a
specific written finding by the presiding officer that the need for the
information outweighs any reason for maintaining the privacy and
confidentiality of the information or records;
(e) To private persons, federally recognized tribes, or
organizations if the disclosure is necessary to permit private
contracting parties to assist in the management and operation of the
department;
(f) Disclosure of address and employment information to the parties
to an action for purposes relating to a child support order, subject to
the limitations in subsections (4) and (5) of this section;
(g) Disclosure of information or records when necessary to the
efficient administration of the support enforcement program or to the
performance of functions and responsibilities of the support registry
and the division of child support as set forth in state and federal
statutes; or
(h) Disclosure of the information or records when authorized under
RCW 74.04.060.
(4) Prior to disclosing the whereabouts of a physical custodian,
custodial parent or a child to the other parent or party, a notice
shall be mailed, if appropriate under the circumstances, to the parent
or physical custodian whose whereabouts are to be disclosed, at that
person's last known address. The notice shall advise the parent or
physical custodian that a request for disclosure has been made and will
be complied with unless the department:
(a) Receives a copy of a court order within thirty days which
enjoins the disclosure of the information or restricts or limits the
requesting party's right to contact or visit the parent or party whose
address is to be disclosed or the child;
(b) Receives a hearing request within thirty days under subsection
(5) of this section; or
(c) Has reason to believe that the release of the information may
result in physical or emotional harm to the physical custodian whose
whereabouts are to be released, or to the child.
(5) A person receiving notice under subsection (4) of this section
may request an adjudicative proceeding under chapter 34.05 RCW, at
which the person may show that there is reason to believe that release
of the information may result in physical or emotional harm to the
person or the child. The administrative law judge shall determine
whether the whereabouts of the person or child should be disclosed
based on subsection (4)(c) of this section, however no hearing is
necessary if the department has in its possession a protective order or
an order limiting visitation or contact.
(6) The notice and hearing process in subsections (4) and (5) of
this section do not apply to protect the whereabouts of a noncustodial
parent, unless that parent has requested notice before whereabouts
information is released. A noncustodial parent may request such notice
by submitting a written request to the division of child support.
(7) Nothing in this section shall be construed as limiting or
restricting the effect of RCW 42.17.260(9) (as recodified by this act).
Nothing in this section shall be construed to prevent the disclosure of
information and records if all details identifying an individual are
deleted or the individual consents to the disclosure.
(8) It shall be unlawful for any person or agency in violation of
this section to solicit, publish, disclose, receive, make use of, or to
authorize, knowingly permit, participate in or acquiesce in the use of
any lists of names for commercial or political purposes or the use of
any information for purposes other than those purposes specified in
this section. A violation of this section shall be a gross misdemeanor
as provided in chapter 9A.20 RCW.
Sec. 243 RCW 27.53.070 and 1975-'76 2nd ex.s. c 82 s 3 are each
amended to read as follows:
It is the declared intention of the legislature that field
investigations on privately owned lands should be discouraged except in
accordance with both the provisions and spirit of this chapter and
persons having knowledge of the location of archaeological sites or
resources are encouraged to communicate such information to the
Washington archaeological research center. Such information shall not
constitute a public record which requires disclosure pursuant to the
exception authorized in ((RCW 42.17.310, as now or hereafter amended,))
chapter 42.30 RCW to avoid site depredation.
Sec. 244 RCW 28A.320.160 and 2004 c 29 s 3 are each amended to
read as follows:
School districts must, at the first opportunity but in all cases
within forty-eight hours of receiving a report alleging sexual
misconduct by a school employee, notify the parents of a student
alleged to be the victim, target, or recipient of the misconduct.
School districts shall provide parents with information regarding their
rights under the ((Washington public disclosure)) open government act,
chapter ((42.17)) 42.30 RCW, to request the public records regarding
school employee discipline. This information shall be provided to all
parents on an annual basis.
Sec. 245 RCW 28A.410.095 and 2004 c 134 s 1 are each amended to
read as follows:
(1) The superintendent of public instruction may initiate and
conduct investigations as may be reasonably necessary to establish the
existence of any alleged violations of or noncompliance with this
chapter or any rules adopted under it. For the purpose of any
investigation or proceeding under this chapter, the superintendent or
any officer designated by the superintendent may administer oaths and
affirmations, subpoena witnesses and compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records
that the superintendent deems relevant and material to the inquiry.
(2) Investigations conducted by the superintendent of public
instruction concerning alleged sexual misconduct towards a child shall
be completed within one year of the initiation of the investigation or
within thirty days of the completion of all proceedings, including
court proceedings, resulting from an investigation conducted by law
enforcement or child protective services if there is such an
investigation. The superintendent of public instruction may take, for
reasonable cause, additional time for completion of the investigation
after informing the victim, the individual being investigated, and the
school district that employs the individual being investigated of the
reasons additional time is needed and the amount of additional time
needed. Written notification must be provided to each of the parties
who must be informed. The sole remedy for a failure to complete an
investigation of sexual misconduct within the time allowed by this
subsection is a civil penalty of fifty dollars per day for each day
beyond the allowed time.
(3) If any person fails to obey a subpoena or obeys a subpoena but
refuses to give evidence, any court of competent jurisdiction, upon
application by the superintendent, may issue to that person an order
requiring him or her to appear before the court and to show cause why
he or she should not be compelled to obey the subpoena, and give
evidence material to the matter under investigation. The failure to
obey an order of the court may be punishable as contempt.
(4) Once an investigation has been initiated by the superintendent
of public instruction, the investigation shall be completed regardless
of whether the individual being investigated has resigned his or her
position or allowed his or her teaching certificate to lapse. The
superintendent shall make a written finding regarding each
investigation indicating the actions taken, including a statement of
the reasons why a complaint was dismissed or did not warrant further
investigation or action by the superintendent, and shall provide such
notice to each person who filed the complaint. Written findings under
this section are subject to public disclosure under chapter ((42.17))
42.30 RCW.
(5) An investigation into sexual or physical abuse of a student by
a school employee shall only be initiated by the superintendent of
public instruction after the superintendent of public instruction
verifies that the incident has been reported to the proper law
enforcement agency or the department of social and health services as
required under RCW 26.44.030.
Sec. 246 RCW 28B.85.020 and 2004 c 96 s 1 are each amended to
read as follows:
(1) The board:
(a) Shall adopt by rule minimum standards for degree-granting
institutions concerning granting of degrees, quality of education,
unfair business practices, financial stability, and other necessary
measures to protect citizens of this state against substandard,
fraudulent, or deceptive practices. The rules may require that an
institution be accredited or be making progress toward accreditation by
an accrediting agency recognized by the United States department of
education. The board shall adopt the rules in accordance with chapter
34.05 RCW;
(b) May investigate any entity the board reasonably believes to be
subject to the jurisdiction of this chapter. In connection with the
investigation, the board may administer oaths and affirmations, issue
subpoenas and compel attendance, take evidence, and require the
production of any books, papers, correspondence, memorandums, or other
records which the board deems relevant or material to the
investigation. The board, including its staff and any other authorized
persons, may conduct site inspections, the cost of which shall be borne
by the institution, and examine records of all institutions subject to
this chapter;
(c) Shall develop an interagency agreement with the work force
training and education coordinating board to regulate degree-granting
private vocational schools with respect to degree and nondegree
programs; and
(d) Shall develop and disseminate information to the public about
entities that sell or award degrees without requiring appropriate
academic achievement at the postsecondary level, including but not
limited to, a description of the substandard and potentially fraudulent
practices of these entities, and advice about how the public can
recognize and avoid the entities. To the extent feasible, the
information shall include links to additional resources that may assist
the public in identifying specific institutions offering substandard or
fraudulent degree programs.
(2) Financial disclosures provided to the board by degree-granting
private vocational schools are not subject to public disclosure under
chapter ((42.17)) 42.30 RCW.
Sec. 247 RCW 28C.10.050 and 2001 c 23 s 1 are each amended to
read as follows:
(1) The agency shall adopt by rule minimum standards for entities
operating private vocational schools. The minimum standards shall
include, but not be limited to, requirements for each school to:
(a) Disclose to the agency information about its ownership and
financial position and to demonstrate that it has sufficient financial
resources to fulfill its commitments to students. Financial
disclosures provided to the agency shall not be subject to public
disclosure under chapter ((42.17)) 42.30 RCW;
(b) Follow a uniform statewide cancellation and refund policy as
specified by the agency;
(c) Disclose through use of a school catalog, brochure, or other
written material, necessary information to students so that students
may make informed enrollment decisions. The agency shall specify what
information is required;
(d) Use an enrollment contract or agreement that includes: (i) The
cancellation and refund policy, (ii) a brief statement that the school
is licensed under this chapter and that inquiries may be made to the
agency, and (iii) other necessary information as determined by the
agency;
(e) Describe accurately and completely in writing to students
before their enrollment prerequisites and requirements for (i)
completing successfully the programs of study in which they are
interested and (ii) qualifying for the fields of employment for which
their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each
potential student to determine that a potential student has the basic
skills and relevant aptitudes necessary to complete and benefit from
the program in which the student plans to enroll. Guidelines for such
assessments shall be developed by the agency, in consultation with the
schools. The method of assessment shall be reported to the agency.
Assessment records shall be maintained in the student's file;
(h) Discuss with each potential student the potential student's
obligations in signing any enrollment contract and/or incurring any
debt for educational purposes. The discussion shall include the
inadvisability of acquiring an excessive educational debt burden that
will be difficult to repay given employment opportunities and average
starting salaries in the potential student's chosen occupation.
(2) Any enrollment contract shall have an attachment in a format
provided by the agency. The attachment shall be signed by both the
school and the student. The attachment shall stipulate that the school
has complied with subsection (1)(h) of this section and that the
student understands and accepts his or her responsibilities in signing
any enrollment contract or debt application. The attachment shall also
stipulate that the enrollment contract shall not be binding for at
least five days, excluding Sundays and holidays, following signature of
the enrollment contract by both parties.
(3) The agency shall deny, revoke, or suspend the license of any
school that does not meet or maintain the minimum standards.
Sec. 248 RCW 29A.04.225 and 2003 c 111 s 136 are each amended to
read as follows:
Each county auditor or county elections official shall ensure that
reports filed pursuant to chapter ((42.17)) 42.30 RCW are arranged,
handled, indexed, and disclosed in a manner consistent with the rules
of the public disclosure commission adopted under RCW 42.17.375.
Sec. 249 RCW 29A.60.070 and 2003 c 111 s 1507 are each amended to
read as follows:
The county auditor shall produce cumulative and precinct returns
for each primary and election and deliver them to the canvassing board
for verification and certification. The precinct and cumulative
returns of any primary or election are public records under chapter
((42.17)) 42.30 RCW.
Sec. 250 RCW 29A.60.140 and 2003 c 111 s 1514 are each amended to
read as follows:
(1) Members of the county canvassing board are the county auditor,
who is the chair, the county prosecuting attorney, and the chair of the
county legislative body. If a member of the board is not available to
carry out the duties of the board, then the auditor may designate a
deputy auditor, the prosecutor may designate a deputy prosecuting
attorney, and the chair of the county legislative body may designate
another member of the county legislative body. Any such designation
may be made on an election-by-election basis or may be on a permanent
basis until revoked by the designating authority. Any such designation
must be in writing, and if for a specific election, must be filed with
the county auditor not later than the day before the first day duties
are to be undertaken by the canvassing board. If the designation is
permanent until revoked by the designating authority, then the
designation must be on file in the county auditor's office no later
than the day before the first day the designee is to undertake the
duties of the canvassing board.
(2) The county canvassing board may adopt rules that delegate in
writing to the county auditor or the county auditor's staff the
performance of any task assigned by law to the canvassing board.
(3) The county canvassing board may not delegate the responsibility
of certifying the returns of a primary or election, of determining the
validity of challenged ballots, or of determining the validity of
provisional ballots referred to the board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to
facilitate and govern the canvassing process in that jurisdiction.
(5) Meetings of the county canvassing board are public meetings
under chapter 42.30 RCW. All rules adopted by the county canvassing
board must be adopted in a public meeting under chapter 42.30 RCW, and
once adopted must be available to the public to review and copy under
chapter ((42.17)) 42.30 RCW.
Sec. 251 RCW 30.04.075 and 1994 c 92 s 11 are each amended to
read as follows:
(1) All examination reports and all information obtained by the
director and the director's staff in conducting examinations of banks,
trust companies, or alien banks, and information obtained by the
director and the director's staff from other state or federal bank
regulatory authorities with whom the director has entered into
agreements pursuant to RCW 30.04.060(2), and information obtained by
the director and the director's staff relating to examination and
supervision of bank holding companies owning a bank in this state or
subsidiaries of such holding companies, is confidential and privileged
information and shall not be made public or otherwise disclosed to any
person, firm, corporation, agency, association, governmental body, or
other entity.
(2) Subsection (1) of this section notwithstanding, the director
may furnish all or any part of examination reports prepared by the
director's office to:
(a) Federal agencies empowered to examine state banks, trust
companies, or alien banks;
(b) Bank regulatory authorities with whom the director has entered
into agreements pursuant to RCW 30.04.060(2), and other bank regulatory
authorities who are the primary regulatory authority or insurer of
accounts for a bank holding company owning a bank, trust company, or
national banking association the principal operations of which are
conducted in this state or a subsidiary of such holding company;
provided that the director shall first find that the reports of
examination to be furnished shall receive protection from disclosure
comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges subject to
legal process, valid search warrant, or subpoena. If the director
furnishes any examination report to officials empowered to investigate
criminal charges, the director may only furnish that part of the report
which is necessary and pertinent to the investigation, and the director
may do this only after notifying the affected bank, trust company, or
alien bank and any customer of the bank, trust company, or alien bank
who is named in that part of the examination or report ordered to be
furnished unless the officials requesting the report first obtain a
waiver of the notice requirement from a court of competent jurisdiction
for good cause;
(d) The examined bank, trust company, or alien bank, or holding
company thereof;
(e) The attorney general in his or her role as legal advisor to the
director;
(f) Liquidating agents of a distressed bank, trust company, or
alien bank;
(g) A person or organization officially connected with the bank as
officer, director, attorney, auditor, or independent attorney or
independent auditor;
(h) The Washington public deposit protection commission as provided
by RCW 39.58.105.
(3) All examination reports furnished under subsections (2) and (4)
of this section shall remain the property of the department of
financial institutions, and be confidential and no person, agency, or
authority to whom reports are furnished or any officer, director, or
employee thereof shall disclose or make public any of the reports or
any information contained therein except in published statistical
material that does not disclose the affairs of any individual or
corporation: PROVIDED, That nothing herein shall prevent the use in a
criminal prosecution of reports furnished under subsection (2) of this
section.
(4) The examination report made by the department of financial
institutions is designed for use in the supervision of the bank, trust
company, or alien bank. The report shall remain the property of the
director and will be furnished to the bank, trust company, or alien
bank solely for its confidential use. Under no circumstances shall the
bank, trust company, or alien bank or any of its directors, officers,
or employees disclose or make public in any manner the report or any
portion thereof, to any person or organization not connected with the
bank as officer, director, employee, attorney, auditor, or candidate
for executive office with the bank. The bank may also, after execution
of an agreement not to disclose information in the report, disclose the
report or relevant portions thereof to a party proposing to acquire or
merge with the bank.
(5) Examination reports and information obtained by the director
and the director's staff in conducting examinations, or obtained from
other state and federal bank regulatory authorities with whom the
director has entered into agreements pursuant to RCW 30.04.060(2), or
relating to examination and supervision of bank holding companies
owning a bank, trust company, or national banking association the
principal operations of which are conducted in this state or a
subsidiary of such holding company, or information obtained as a result
of applications or investigations pursuant to RCW 30.04.230, shall not
be subject to public disclosure under chapter ((42.17)) 42.30 RCW.
(6) In any civil action in which the reports are sought to be
discovered or used as evidence, any party may, upon notice to the
director, petition the court for an in camera review of the report.
The court may permit discovery and introduction of only those portions
of the report which are relevant and otherwise unobtainable by the
requesting party. This subsection shall not apply to an action brought
or defended by the director.
(7) This section shall not apply to investigation reports prepared
by the director and the director's staff concerning an application for
a new bank or trust company or an application for a branch of a bank,
trust company, or alien bank: PROVIDED, That the director may adopt
rules making confidential portions of the reports if in the director's
opinion the public disclosure of the portions of the report would
impair the ability to obtain the information which the director
considers necessary to fully evaluate the application.
(8) Every person who violates any provision of this section shall
be guilty of a gross misdemeanor.
Sec. 252 RCW 30.04.230 and 1994 c 92 s 22 are each amended to
read as follows:
(1) A corporation or association organized under the laws of this
state or licensed to transact business in the state may acquire any or
all shares of stock of any bank, trust company, or national banking
association. Nothing in this section shall be construed to prohibit
the merger, consolidation, or reorganization of a bank or trust company
in accordance with this title.
(2) Unless the terms of this section or RCW 30.04.232 are complied
with, an out-of-state bank holding company shall not acquire more than
five percent of the shares of the voting stock or all or substantially
all of the assets of a bank, trust company, or national banking
association the principal operations of which are conducted within this
state.
(3) As used in this section a "bank holding company" means a
company that is a bank holding company as defined by the Bank Holding
Company Act of 1956, as amended (12 U.S.C. Sec. 1841 et seq.). An
"out-of-state bank holding company" is a bank holding company that
principally conducts its operations outside this state, as measured by
total deposits held or controlled by its bank subsidiaries on the date
on which it became a holding company. A "domestic bank holding
company" is a bank holding company that principally conducts its
operations within this state, as measured by total deposits held or
controlled by its bank subsidiaries on the date on which it became a
bank holding company.
(4) Any such acquisition referred to under subsection (2) of this
section by an out-of-state bank holding company requires the express
written approval of the director. Approval shall not be granted unless
and until the following conditions are met:
(a) An out-of-state bank holding company desiring to make an
acquisition referred to under subsection (2) of this section and the
bank, trust company, national banking association, or domestic bank
holding company parent thereof, if any, proposed to be acquired shall
file an application in writing with the director. The director shall
by rule establish the fee schedule to be collected from the applicant
in connection with the application. The fee shall not exceed the cost
of processing the application. The application shall contain such
information as the director may prescribe by rule as necessary or
appropriate for the purpose of making a determination under this
section. The application and supporting information and all
examination reports and information obtained by the director and the
director's staff in conducting its investigation shall be confidential
and privileged and not subject to public disclosure under chapter
((42.17)) 42.30 RCW. The application and information may be disclosed
to federal bank regulatory agencies and to officials empowered to
investigate criminal charges, subject to legal process, valid search
warrant, or subpoena. In any civil action in which such application or
information is sought to be discovered or used as evidence, any party
may, upon notice to the director and other parties, petition for an in
camera review. The court may permit discovery and introduction of only
those portions that are relevant and otherwise unobtainable by the
requesting party. The application and information shall be
discoverable in any judicial action challenging the approval of an
acquisition by the director as arbitrary and capricious or unlawful.
(b) The director shall find that:
(i) The bank, trust company, or national banking association that
is proposed to be acquired or the domestic bank holding company
controlling such bank, trust company, or national banking association
is in such a liquidity or financial condition as to be in danger of
closing, failing, or insolvency. In making any such determination the
director shall be guided by the criteria developed by the federal
regulatory agencies with respect to emergency acquisitions under the
provisions of 12 U.S.C. Sec. 1828(c);
(ii) There is no state bank, trust company, or national banking
association doing business in the state of Washington or domestic bank
holding company with sufficient resources willing to acquire the entire
bank, trust company, or national banking association on at least as
favorable terms as the out-of-state bank holding company is willing to
acquire it;
(iii) The applicant out-of-state bank holding company has provided
all information and documents requested by the director in relation to
the application; and
(iv) The applicant out-of-state bank holding company has
demonstrated an acceptable record of meeting the credit needs of its
entire community, including low and moderate income neighborhoods,
consistent with the safe and sound operation of such institution.
(c) The director shall consider:
(i) The financial institution structure of this state; and
(ii) The convenience and needs of the public of this state.
(5) Nothing in this section may be construed to prohibit, limit,
restrict, or subject to further regulation the ownership by a bank of
the stock of a bank service corporation or a banker's bank.
Sec. 253 RCW 30.04.410 and 1994 c 92 s 30 are each amended to
read as follows:
(1) The director may disapprove the acquisition of a bank or trust
company within thirty days after the filing of a complete application
pursuant to RCW 30.04.405 or an extended period not exceeding an
additional fifteen days if:
(a) The poor financial condition of any acquiring party might
jeopardize the financial stability of the bank or might prejudice the
interests of the bank depositors, borrowers, or shareholders;
(b) The plan or proposal of the acquiring party to liquidate the
bank, to sell its assets, to merge it with any person, or to make any
other major change in its business or corporate structure or management
is not fair and reasonable to the bank's depositors, borrowers, or
stockholders or is not in the public interest;
(c) The banking and business experience and integrity of any
acquiring party who would control the operation of the bank indicates
that approval would not be in the interest of the bank's depositors,
borrowers, or shareholders;
(d) The information provided by the application is insufficient for
the director to make a determination or there has been insufficient
time to verify the information provided and conduct an examination of
the qualification of the acquiring party; or
(e) The acquisition would not be in the public interest.
(2) An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of intent not
to disapprove the action.
(3) The director shall set forth the basis for disapproval of any
proposed acquisition in writing and shall provide a copy of such
findings and order to the applicants and to the bank involved. Such
findings and order shall not be disclosed to any other party and shall
not be subject to public disclosure under chapter ((42.17)) 42.30 RCW
unless the findings and/
(4) Whenever such a change in control occurs, each party to the
transaction shall report promptly to the director any changes or
replacement of its chief executive officer, or of any director, that
occurs in the next twelve-month period, including in its report a
statement of the past and present business and professional
affiliations of the new chief executive officer or directors.
Sec. 254 RCW 31.12.565 and 2001 c 83 s 28 are each amended to
read as follows:
(1) The following are confidential and privileged and not subject
to public disclosure under chapter ((42.17)) 42.30 RCW:
(a) Examination reports and information obtained by the director in
conducting examinations and investigations under this chapter and
chapter 31.13 RCW;
(b) Examination reports and related information from other
financial institution regulators obtained by the director;
(c) Reports or parts of reports accepted in lieu of an examination
under RCW 31.12.545; and
(d) Business plans and other proprietary information obtained by
the director in connection with a credit union's application or notice
to the director.
(2) Notwithstanding subsection (1) of this section, the director
may furnish examination reports prepared by the director to:
(a) Federal agencies empowered to examine credit unions or other
financial institutions;
(b) Officials empowered to investigate criminal charges. The
director may furnish only that part of the report which is necessary
and pertinent to the investigation, and only after notifying the
affected credit union and members of the credit union who are named in
that part of the examination report, or other person examined, that the
report is being furnished to the officials, unless the officials
requesting the report obtain a waiver of the notice requirement for
good cause from a court of competent jurisdiction;
(c) The examined credit union or other person examined, solely for
its confidential use;
(d) The attorney general in his or her role as legal advisor to the
director;
(e) Prospective merger partners or conservators, receivers, or
liquidating agents of a distressed credit union;
(f) Credit union regulators in other states or foreign
jurisdictions regarding an out-of-state or foreign credit union
conducting business in this state under this chapter, or regarding a
credit union conducting business in the other state or jurisdiction;
(g) A person officially connected with the credit union or other
person examined, as officer, director, supervisory committee member,
attorney, auditor, accountant, independent attorney, independent
auditor, or independent accountant;
(h) Organizations that have bonded the credit union to the extent
that information is relevant to the renewal of the bond coverage or to
a claim under the bond coverage;
(i) Organizations insuring or guaranteeing the shares of, or
deposits in, the credit union; or
(j) Other persons as the director may determine necessary to
protect the public interest and confidence.
(3) Examination reports furnished under subsection (2) of this
section remain the property of the director and no person to whom
reports are furnished or any officer, director, or employee thereof may
disclose or make public the reports or information contained in the
reports except in published statistical information that does not
disclose the affairs of a person, except that nothing prevents the use
in a criminal prosecution of reports furnished under subsection (2)(b)
of this section.
(4) In a civil action in which the reports or information are
sought to be discovered or used as evidence, a party may, upon notice
to the director, petition the court for an in-camera review of the
reports or information. The court may permit discovery and
introduction of only those portions of the report or information which
are relevant and otherwise unobtainable by the requesting party. This
subsection does not apply to an action brought or defended by the
director.
(5) This section does not apply to investigation reports prepared
by the director concerning an application for a new credit union or a
notice of intent to establish a branch of a credit union, except that
the director may adopt rules making portions of the reports
confidential, if in the director's opinion the public disclosure of
that portion of the report would impair the ability to obtain
information the director considers necessary to fully evaluate the
application.
(6) Any person who knowingly violates a provision of this section
is guilty of a gross misdemeanor.
Sec. 255 RCW 31.45.030 and 2003 c 86 s 3 are each amended to read
as follows:
(1) Except as provided in RCW 31.45.020, no check casher or seller
may engage in business without first obtaining a license from the
director in accordance with this chapter. A license is required for
each location where a licensee engages in the business of cashing or
selling checks or drafts.
(2) Each application for a license shall be in writing in a form
prescribed by the director and shall contain the following information:
(a) The legal name, residence, and business address of the
applicant and, if the applicant is a partnership, association, or
corporation, of every member, officer, and director thereof;
(b) The location where the initial registered office of the
applicant will be located in this state;
(c) The complete address of any other locations at which the
applicant proposes to engage in business as a check casher or seller;
and
(d) Such other data, financial statements, and pertinent
information as the director may require with respect to the applicant,
its directors, trustees, officers, members, or agents.
(3) Any information in the application regarding the personal
residential address or telephone number of the applicant, and any trade
secret as defined in RCW 19.108.010 including any financial statement
that is a trade secret, is exempt from the public records disclosure
requirements of chapter ((42.17)) 42.30 RCW.
(4) The application shall be filed together with an investigation
and supervision fee established by rule by the director. Such fees
collected shall be deposited to the credit of the financial services
regulation fund in accordance with RCW 43.320.110.
(5)(a) Before granting a license to sell checks, drafts, or money
orders under this chapter, the director shall require that the licensee
file with the director a surety bond running to the state of
Washington, which bond shall be issued by a surety insurer which meets
the requirements of chapter 48.28 RCW, and be in a format acceptable to
the director. The director shall adopt rules to determine the penal
sum of the bond that shall be filed by each licensee. The bond shall
be conditioned upon the licensee paying all persons who purchase
checks, drafts, or money orders from the licensee the face value of any
check, draft, or money order which is dishonored by the drawee bank,
savings bank, or savings and loan association due to insufficient funds
or by reason of the account having been closed. The bond shall only be
liable for the face value of the dishonored check, draft, or money
order, and shall not be liable for any interest or consequential
damages.
(b) Before granting a small loan endorsement under this chapter,
the director shall require that the licensee file with the director a
surety bond, in a format acceptable to the director, issued by a surety
insurer that meets the requirements of chapter 48.28 RCW. The director
shall adopt rules to determine the penal sum of the bond that shall be
filed by each licensee. A licensee who wishes to engage in both check
selling and making small loans may combine the penal sums of the
bonding requirements and file one bond in a form acceptable to the
director. The bond shall run to the state of Washington as obligee,
and shall run to the benefit of the state and any person or persons who
suffer loss by reason of the licensee's violation of this chapter or
any rules adopted under this chapter. The bond shall only be liable
for damages suffered by borrowers as a result of the licensee's
violation of this chapter or rules adopted under this chapter, and
shall not be liable for any interest or consequential damages.
(c) The bond shall be continuous and may be canceled by the surety
upon the surety giving written notice to the director and licensee of
its intent to cancel the bond. The cancellation is effective thirty
days after the notice is received by the director. Whether or not the
bond is renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or decreases in
the penal sum, it shall be considered one continuous obligation, and
the surety upon the bond shall not be liable in an aggregate or
cumulative amount exceeding the penal sum set forth on the face of the
bond. In no event shall the penal sum, or any portion thereof, at two
or more points in time be added together in determining the surety's
liability. The bond shall not be liable for any liability of the
licensee for tortious acts, whether or not such liability is imposed by
statute or common law, or is imposed by contract. The bond shall not
be a substitute or supplement to any liability or other insurance
required by law or by the contract. If the surety desires to make
payment without awaiting court action against it, the penal sum of the
bond shall be reduced to the extent of any payment made by the surety
in good faith under the bond.
(d) Any person who is a purchaser of a check, draft, or money order
from the licensee having a claim against the licensee for the dishonor
of any check, draft, or money order by the drawee bank, savings bank,
or savings and loan association due to insufficient funds or by reason
of the account having been closed, or who obtained a small loan from
the licensee and was damaged by the licensee's violation of this
chapter or rules adopted under this chapter, may bring suit upon such
bond or deposit in the superior court of the county in which the check,
draft, or money order was purchased, or in the superior court of a
county in which the licensee maintains a place of business.
Jurisdiction shall be exclusively in the superior court. Any such
action must be brought not later than one year after the dishonor of
the check, draft, or money order on which the claim is based. In the
event valid claims against a bond or deposit exceed the amount of the
bond or deposit, each claimant shall only be entitled to a pro rata
amount, based on the amount of the claim as it is valid against the
bond, or deposit, without regard to the date of filing of any claim or
action.
(e) In lieu of the surety bond required by this section, the
applicant for a check seller license may file with the director a
deposit consisting of cash or other security acceptable to the director
in an amount equal to the penal sum of the required bond. In lieu of
the surety bond required by this section, the applicant for a small
loan endorsement may file with the director a deposit consisting of
cash or other security acceptable to the director in an amount equal to
the penal sum of the required bond, or may demonstrate to the director
net worth in excess of three times the amount of the penal sum of the
required bond.
The director may adopt rules necessary for the proper
administration of the security or to establish reporting requirements
to ensure that the net worth requirements continue to be met. A
deposit given instead of the bond required by this section is not an
asset of the licensee for the purpose of complying with the liquid
asset provisions of this chapter. A deposit given instead of the bond
required by this section is a fund held in trust for the benefit of
eligible claimants under this section and is not an asset of the estate
of any licensee that seeks protection voluntarily or involuntarily
under the bankruptcy laws of the United States.
(f) Such security may be sold by the director at public auction if
it becomes necessary to satisfy the requirements of this chapter.
Notice of the sale shall be served upon the licensee who placed the
security personally or by mail. If notice is served by mail, service
shall be addressed to the licensee at its address as it appears in the
records of the director. Bearer bonds of the United States or the
state of Washington without a prevailing market price must be sold at
public auction. Such bonds having a prevailing market price may be
sold at private sale not lower than the prevailing market price. Upon
any sale, any surplus above amounts due shall be returned to the
licensee, and the licensee shall deposit with the director additional
security sufficient to meet the amount required by the director. A
deposit given instead of the bond required by this section shall not be
deemed an asset of the licensee for the purpose of complying with the
liquid asset provisions of this chapter.
Sec. 256 RCW 31.45.077 and 2003 c 86 s 9 are each amended to read
as follows:
(1) Each application for a small loan endorsement to a check casher
or check seller license must be in writing and in a form prescribed by
the director and shall contain the following information:
(a) The legal name, residence, and business address of the
applicant, and if the applicant is a partnership, corporation, or
association, the name and address of e