Gambling commission/PRA

AN ACT Relating to public inspection and copying of proprietary 1
financial and security information submitted to or obtained by the 2
gambling commission; and amending RCW 42.56.270. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 42.56.270 and 2023 c 340 s 11 are each amended to 5
read as follows: 6
The following financial, commercial, and proprietary information 7
is exempt from disclosure under this chapter: 8
(1) Valuable formulae, designs, drawings, computer source code or 9
object code, and research data obtained by any agency within five 10
years of the request for disclosure when disclosure would produce 11
private gain and public loss; 12
(2) Financial information supplied by or on behalf of a person, 13
firm, or corporation for the purpose of qualifying to submit a bid or 14
proposal for (a) a ferry system construction or repair contract as 15
required by RCW 47.60.680 through 47.60.750; (b) highway construction 16
or improvement as required by RCW 47.28.070; or (c) alternative 17
public works contracting procedures as required by RCW 39.10.200 18
through 39.10.905; 19
(3) Financial and commercial information and records supplied by 20
private persons pertaining to export services provided under chapters 21
Z-0024.4
HOUSE BILL 1222
State of Washington 69th Legislature 2025 Regular Session
By Representatives Stearns and Kloba; by request of Gambling
Commission
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 1222
43.163 and 53.31 RCW, and by persons pertaining to export projects 1
under RCW 43.23.035; 2
(4) Financial and commercial information and records supplied by 3
businesses or individuals during application for loans or program 4
services provided by chapters 43.325, 43.163, 43.160, 43.330, 43.168, 5
and 43.181 RCW and RCW 43.155.160, or during application for economic 6
development loans or program services provided by any local agency;7
(5) Financial information, business plans, examination reports, 8
and any information produced or obtained in evaluating or examining a 9
business and industrial development corporation organized or seeking 10
certification under chapter 31.24 RCW; 11
(6) Financial and commercial information supplied to the state 12
investment board by any person when the information relates to the 13
investment of public trust or retirement funds and when disclosure 14
would result in loss to such funds or in private loss to the 15
providers of this information; 16
(7) Financial and valuable trade information under RCW 51.36.120;17
(8) Financial, commercial, operations, and technical and research 18
information and data submitted to or obtained by the clean Washington 19
center in applications for, or delivery of, program services under 20
chapter 70.95H RCW; 21
(9) Financial and commercial information requested by the public 22
stadium authority from any person or organization that leases or uses 23
the stadium and exhibition center as defined in RCW 36.102.010;24
(10)(a) Financial information, including but not limited to 25
account numbers and values, and other identification numbers supplied 26
by or on behalf of a person, firm, corporation, limited liability 27
company, partnership, or other entity related to an application for a 28
horse racing license submitted pursuant to RCW 67.16.260(1)(b), 29
cannabis producer, processor, or retailer license, liquor license, 30
gambling license, or lottery retail license; 31
(b) ((Internal control documents, independent auditors' reports 32
and financial statements, and supporting documents: (i) Of house-33
banked social card game licensees required by the gambling commission 34
pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted 35
by tribes with an approved tribal/state compact for class III 36
gaming)) Proprietary financial and security information submitted to 37
or obtained by the gambling commission from and on behalf of license 38
applicants, licensees, gaming facilities, or a tribe pursuant to an 39
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approved tribal/state compact. Proprietary financial and security 1
information includes, but is not limited to, the following:2
(i) Financial statements and transactions including but not 3
limited to independent auditors' reports and financial statements 4
with any supporting documents, bank account records, player tracking 5
records, bond issuances, loan agreements, purchase agreements, and 6
stock buyouts. However, quarterly license reports are not exempt;7
(ii) Information that describes the internal operational system 8
or internal procedures of the gaming facility designed to promote 9
efficiency, safeguard assets, and avoid fraud and error, including 10
but not limited to records pertaining to security camera technical 11
specifications, operation, and placement; cash out procedures and 12
locations; cage security information; building access controls; and 13
personally identifiable information control procedures;14
(iii) Gaming facility security information, including but not 15
limited to descriptions of facility layout and schematics, firewall 16
configurations, network topologies, source code, software files, 17
cryptographic hashes of software files, risk and security assessment 18
reports, disaster recovery plans, incident response plans, and any 19
other sensitive information that may negatively impact the security 20
of the facility if released; and21
(iv) Gaming equipment information, including but not limited to 22
related hardware, software, and security information, such as 23
firewall configurations, field testing data and results from testing, 24
network topologies or diagrams, source code, software files, 25
cryptographic hashes of software files, schematics, user credentials, 26
system components, and any other sensitive information about the 27
equipment that may compromise the security and integrity of the 28
equipment if released; 29
(c) Valuable formulae or financial or proprietary commercial 30
information records received during a consultative visit or while 31
providing consultative services to a licensed cannabis business in 32
accordance with RCW 69.50.561; 33
(11) Proprietary data, trade secrets, or other information that 34
relates to: (a) A vendor's unique methods of conducting business; (b) 35
data unique to the product or services of the vendor; or (c) 36
determining prices or rates to be charged for services, submitted by 37
any vendor to the department of social and health services or the 38
health care authority for purposes of the development, acquisition, 39
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or implementation of state purchased health care as defined in RCW 1
41.05.011; 2
(12)(a) When supplied to and in the records of the department of 3
commerce: 4
(i) Financial and proprietary information collected from any 5
person and provided to the department of commerce pursuant to RCW 6
43.330.050(8); 7
(ii) Financial or proprietary information collected from any 8
person and provided to the department of commerce or the office of 9
the governor in connection with the siting, recruitment, expansion, 10
retention, or relocation of that person's business and until a siting 11
decision is made, identifying information of any person supplying 12
information under this subsection and the locations being considered 13
for siting, relocation, or expansion of a business; and14
(iii) Financial or proprietary information collected from any 15
person and provided to the department of commerce pursuant to RCW 16
43.31.625 (3)(b) and (4); 17
(b) When developed by the department of commerce based on 18
information as described in (a)(i) of this subsection, any work 19
product is not exempt from disclosure; 20
(c) For the purposes of this subsection, "siting decision" means 21
the decision to acquire or not to acquire a site; 22
(d) If there is no written contact for a period of 60 days to the 23
department of commerce from a person connected with siting, 24
recruitment, expansion, retention, or relocation of that person's 25
business, information described in (a)(ii) of this subsection will be 26
available to the public under this chapter; 27
(13) Financial and proprietary information submitted to or 28
obtained by the department of ecology or the authority created under 29
chapter 70A.500 RCW to implement chapter 70A.500 RCW;30
(14) Financial, commercial, operations, and technical and 31
research information and data submitted to or obtained by the life 32
sciences discovery fund authority in applications for, or delivery 33
of, grants under RCW 43.330.502, to the extent that such information, 34
if revealed, would reasonably be expected to result in private loss 35
to the providers of this information; 36
(15) Financial and commercial information provided as evidence to 37
the department of licensing as required by RCW 19.112.110 or 38
19.112.120, except information disclosed in aggregate form that does 39
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not permit the identification of information related to individual 1
fuel licensees; 2
(16) Any production records, mineral assessments, and trade 3
secrets submitted by a permit holder, mine operator, or landowner to 4
the department of natural resources under RCW 78.44.085;5
(17)(a) Farm plans developed by conservation districts, unless 6
permission to release the farm plan is granted by the landowner or 7
operator who requested the plan, or the farm plan is used for the 8
application or issuance of a permit; 9
(b) Farm plans developed under chapter 90.48 RCW and not under 10
the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject 11
to RCW 42.56.610 and 90.64.190; 12
(18) Financial, commercial, operations, and technical and 13
research information and data submitted to or obtained by a health 14
sciences and services authority in applications for, or delivery of, 15
grants under RCW 35.104.010 through 35.104.060, to the extent that 16
such information, if revealed, would reasonably be expected to result 17
in private loss to providers of this information; 18
(19) Information gathered under chapter 19.85 RCW or RCW 19
34.05.328 that can be identified to a particular business;20
(20) Financial and commercial information submitted to or 21
obtained by the University of Washington, other than information the 22
university is required to disclose under RCW 28B.20.150, when the 23
information relates to investments in private funds, to the extent 24
that such information, if revealed, would reasonably be expected to 25
result in loss to the University of Washington consolidated endowment 26
fund or to result in private loss to the providers of this 27
information; 28
(21) Market share data submitted by a manufacturer under RCW 29
70A.500.190(4); 30
(22) Financial information supplied to the department of 31
financial institutions, when filed by or on behalf of an issuer of 32
securities for the purpose of obtaining the exemption from state 33
securities registration for small securities offerings provided under 34
RCW 21.20.880 or when filed by or on behalf of an investor for the 35
purpose of purchasing such securities; 36
(23) Unaggregated or individual notices of a transfer of crude 37
oil that is financial, proprietary, or commercial information, 38
submitted to the department of ecology pursuant to RCW 39
90.56.565(1)(a), and that is in the possession of the department of 40
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ecology or any entity with which the department of ecology has shared 1
the notice pursuant to RCW 90.56.565; 2
(24) Financial institution and retirement account information, 3
and building security plan information, supplied to the liquor and 4
cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and 5
69.50.345, when filed by or on behalf of a licensee or prospective 6
licensee for the purpose of obtaining, maintaining, or renewing a 7
license to produce, process, transport, or sell cannabis as allowed 8
under chapter 69.50 RCW; 9
(25) Cannabis transport information, vehicle and driver 10
identification data, and account numbers or unique access identifiers 11
issued to private entities for traceability system access, submitted 12
by an individual or business to the liquor and cannabis board under 13
the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and 14
69.50.345 for the purpose of cannabis product traceability. 15
Disclosure to local, state, and federal officials is not considered 16
public disclosure for purposes of this section; 17
(26) Financial and commercial information submitted to or 18
obtained by the retirement board of any city that is responsible for 19
the management of an employees' retirement system pursuant to the 20
authority of chapter 35.39 RCW, when the information relates to 21
investments in private funds, to the extent that such information, if 22
revealed, would reasonably be expected to result in loss to the 23
retirement fund or to result in private loss to the providers of this 24
information except that (a) the names and commitment amounts of the 25
private funds in which retirement funds are invested and (b) the 26
aggregate quarterly performance results for a retirement fund's 27
portfolio of investments in such funds are subject to disclosure;28
(27) Proprietary financial, commercial, operations, and technical 29
and research information and data submitted to or obtained by the 30
liquor and cannabis board in applications for cannabis research 31
licenses under RCW 69.50.372, or in reports submitted by cannabis 32
research licensees in accordance with rules adopted by the liquor and 33
cannabis board under RCW 69.50.372; 34
(28) Trade secrets, technology, proprietary information, and 35
financial considerations contained in any agreements or contracts, 36
entered into by a licensed cannabis business under RCW 69.50.395, 37
which may be submitted to or obtained by the state liquor and 38
cannabis board; 39
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(29) Financial, commercial, operations, and technical and 1
research information and data submitted to or obtained by the Andy 2
Hill cancer research endowment program in applications for, or 3
delivery of, grants under chapter 43.348 RCW, to the extent that such 4
information, if revealed, would reasonably be expected to result in 5
private loss to providers of this information; 6
(30) Proprietary information filed with the department of health 7
under chapter 69.48 RCW; 8
(31) Records filed with the department of ecology under chapter 9
70A.515 RCW that a court has determined are confidential valuable 10
commercial information under RCW 70A.515.130; and 11
(32) Unaggregated financial, proprietary, or commercial 12
information submitted to or obtained by the liquor and cannabis board 13
in applications for licenses under RCW 66.24.140 or 66.24.145, or in 14
any reports or remittances submitted by a person licensed under RCW 15
66.24.140 or 66.24.145 under rules adopted by the liquor and cannabis 16
board under chapter 66.08 RCW. 17
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