Public records exemptions

AN ACT Relating to adopting the recommendations of the public 1
records exemptions accountability committee in its 2025 annual 2
report; amending RCW 43.190.110, 42.56.320, 10.27.160, 27.53.070, 3
46.52.065, 46.52.080, 46.52.120, 72.05.130, 21.20.480, and 43.41.100; 4
and repealing RCW 18.46.090, 24.06.480, and 26.12.080.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 43.190.110 and 2013 c 23 s 97 are each amended to 7
read as follows: 8
((All records and files of long-term care ombuds relating to any 9
complaint or investigation made pursuant to carrying out their duties 10
and the identities of complainants, witnesses, patients, or residents 11
shall remain confidential unless disclosure is authorized by the 12
patient or resident or his or her guardian or legal representative. 13
No disclosures may be made outside the office without the consent of 14
any named witnesses, resident, patient, client, or complainant unless 15
the disclosure is made without the identity of any of these 16
individuals being disclosed )) The office of the state long-term care 17
ombuds shall establish procedures for disclosure pursuant to 42 18
U.S.C. 3058g (d). Such procedures shall provide for exercising 19
discretion in favor of disclosure to the maximum extent consistent 20
with federal law and the policies of chapter 42.56 RCW.21
H-2587.2
HOUSE BILL 2244
State of Washington 69th Legislature 2026 Regular Session
By Representatives Mena, Reed, Fitzgibbon, Scott, Duerr, Doglio,
Gregerson, and Reeves
Prefiled 01/05/26. Read first time 01/12/26. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 2244
Sec. 2. RCW 42.56.320 and 2009 c 191 s 1 are each amended to 1
read as follows: 2
The following educational information is exempt from disclosure 3
under this chapter: 4
(1) Financial disclosures filed by private vocational schools 5
under chapters 28B.85 and 28C.10 RCW; 6
(2) Financial and commercial information supplied by or on behalf 7
of a person, firm, corporation, or entity under chapter 28B.95 RCW 8
relating to the purchase or sale of tuition units and contracts for 9
the purchase of multiple tuition units; 10
(3) Individually identifiable information received by the 11
workforce training and education coordinating board for research or 12
evaluation purposes; 13
(4)(a) Except ((for public records as defined in RCW 40.14.010)) 14
as provided for under (b) of this subsection , any records or 15
documents obtained by a state college, university, library, or 16
archive through or concerning any gift, grant, conveyance, bequest, 17
or devise, the terms of which restrict or regulate public access to 18
those records or documents.19
(b) The following records and information are not exempt under 20
(a) of this subsection:21
(i) Public records as defined in RCW 40.14.010; and22
(ii) The name and city of residence of a financial donor, the 23
amount of the financial donation, and any restrictions or conditions 24
on the financial donation; and 25
(5) The annual declaration of intent filed by parents under RCW 26
28A.200.010 for a child to receive home-based instruction.27
Sec. 3. RCW 10.27.160 and 1971 ex.s. c 67 s 16 are each amended 28
to read as follows: 29
The grand jury may prepare its conclusions, recommendations and 30
suggestions in the form of a grand jury report. Such report shall be 31
released to the public only upon a determination by a majority of the 32
judges of the superior court of the county court that (1) the 33
findings in the report deal with matters of broad public policy 34
affecting the public interest ((and do not identify or criticize any 35
individual)); (2) the release of the report would be consistent with 36
the public interest and further the ends of justice; and (3) release 37
of the report would not prejudice any pending criminal investigation 38
or trial. 39
p. 2 HB 2244
Sec. 4. RCW 27.53.070 and 2011 c 219 s 2 are each amended to 1
read as follows: 2
(1) It is the declared intention of the legislature that field 3
investigations on privately owned lands should be conducted by 4
professional archaeologists in accordance with both the provisions 5
and spirit of this chapter. Persons having knowledge of the location 6
of archaeological sites or resources are encouraged to communicate 7
such information to the department. Such information shall ((not 8
constitute a public record which requires )) be exempt from disclosure 9
pursuant to the exception authorized in ((chapter 42.56 RCW to avoid 10
site depredation)) RCW 42.56.300. 11
(2) Nothing in this chapter shall be interpreted to allow 12
trespassing on private property. 13
Sec. 5. RCW 46.52.065 and 1977 ex.s. c 50 s 1 are each amended 14
to read as follows: 15
Every coroner or other official performing like functions shall 16
submit to the state toxicologist a blood sample taken from all 17
drivers and all pedestrians who are killed in any traffic accident 18
where the death occurred within four hours after the accident. Blood 19
samples shall be taken and submitted in the manner prescribed by the 20
state toxicologist. The state toxicologist shall analyze these blood 21
samples to determine the concentration of alcohol and, where 22
feasible, the presence of drugs or other toxic substances. The 23
reports and records of the state toxicologist relating to analyses 24
made pursuant to this section shall be ((confidential: PROVIDED, That 25
the results of these analyses shall be )) reported to the state patrol 26
and made available to the prosecuting attorney or law enforcement 27
agency having jurisdiction ((: PROVIDED FURTHER, That the )). The 28
results of these analyses may be admitted in evidence in any civil or 29
criminal action where relevant and shall be made available to the 30
parties to any such litigation ((on application to the court)).31
Sec. 6. RCW 46.52.080 and 1979 c 158 s 162 are each amended to 32
read as follows: 33
(1) All required accident reports and supplemental reports and 34
copies thereof shall be without prejudice to the individual so 35
reporting and shall be for the confidential use of the county 36
prosecuting attorney and chief of police or county sheriff, as the 37
case may be, and the director of licensing and the chief of the 38
p. 3 HB 2244
Washington state patrol, and other officer or commission as 1
authorized by law, except that ((any)):2
(a) Any such officer shall disclose the names and addresses of 3
persons reported as involved in an accident or as witnesses thereto, 4
the vehicle license plate numbers and descriptions of vehicles 5
involved, and the date, time and location of an accident, to any 6
person who may have a proper interest therein, including the driver 7
or drivers involved, or the legal guardian thereof, the parent of a 8
minor driver, any person injured therein, the owner of vehicles or 9
property damaged thereby, or any authorized representative of such an 10
interested party, or the attorney or insurer thereof; and11
(b) Accident reports and supplemental reports may be disclosed 12
pursuant to chapter 42.56 RCW upon redaction of all information 13
identifying the persons involved in the accidents, including names, 14
addresses, phone numbers, email addresses, license plate numbers, 15
driver's license numbers, vehicle identification numbers, social 16
security numbers, and photos of such persons. 17
(2) No ((such)) accident report described under subsection (1) of 18
this section or copy thereof shall be used as evidence in any trial, 19
civil or criminal, arising out of an accident, except that any 20
officer above named for receiving accident reports shall furnish, 21
upon demand of any person who has, or who claims to have, made such a 22
report, or, upon demand of any court, a certificate showing that a 23
specified accident report has or has not been made to the chief of 24
the Washington state patrol solely to prove a compliance or a failure 25
to comply with the requirement that such a report be made in the 26
manner required by law: PROVIDED, That the reports may be used as 27
evidence when necessary to prosecute charges filed in connection with 28
a violation of RCW 46.52.088. 29
Sec. 7. RCW 46.52.120 and 2017 c 147 s 9 are each amended to 30
read as follows: 31
(1) The director shall keep a case record on every motor vehicle 32
driver licensed under the laws of this state, together with 33
information on each driver, showing all the convictions and findings 34
of traffic infractions certified by the courts, together with an 35
index cross-reference record of each accident reported relating to 36
such individual with a brief statement of the cause of the accident 37
and whether or not the accident resulted in any fatality.38
p. 4 HB 2244
(2) The records shall be for the ((confidential)) use of the 1
director, the chief of the Washington state patrol, the director of 2
the Washington traffic safety commission, and for such police 3
officers or other cognizant public officials as may be designated by 4
law. Such case records shall not be admitted into evidence in any 5
court, except where relevant to the prosecution or defense of a 6
criminal charge, or in case appeal is taken from the order of the 7
director, suspending, revoking, canceling, or refusing a vehicle 8
driver's license. 9
(3) The director shall tabulate and analyze vehicle driver's case 10
records and suspend, revoke, cancel, or refuse a vehicle driver's 11
license to a person when it is deemed from facts contained in the 12
case record of such person that it is for the best interest of public 13
safety that such person be denied the privilege of operating a motor 14
vehicle. The director shall also suspend a person's driver's license 15
if the person fails to attend or complete a driver improvement 16
interview or fails to abide by conditions of probation under RCW 17
46.20.335. Whenever the director orders the vehicle driver's license 18
of any such person suspended, revoked, or canceled, or refuses the 19
issuance of a vehicle driver's license, such suspension, revocation, 20
cancellation, or refusal is final and effective unless appeal from 21
the decision of the director is taken as provided by law.22
Sec. 8. RCW 72.05.130 and 2020 c 274 s 55 are each amended to 23
read as follows: 24
The department of social and health services and the department 25
of children, youth, and families shall establish, maintain, operate 26
and administer a comprehensive program for the custody, care, 27
education, treatment, instruction, guidance, control, and 28
rehabilitation of all persons who may be committed or admitted to 29
institutions, schools, or other facilities, placed under the control 30
of each, except for the programs of education provided pursuant to 31
RCW 28A.190.030 through 28A.190.050 which shall be established, 32
operated, and administered by the school district conducting the 33
program, and in order to accomplish these purposes, the powers and 34
duties of the secretary of the department of social and health 35
services and the secretary of the department of children, youth, and 36
families for the institutions placed under the respective department 37
shall include the following: 38
p. 5 HB 2244
(1) The assembling, analyzing, tabulating, and reproduction in 1
report form, of statistics and other data with respect to children 2
with behavior problems in the state of Washington, including, but not 3
limited to, the extent, kind, and causes of such behavior problems in 4
the different areas and population centers of the state. ((Such 5
reports shall not be open to public inspection, but shall be open to 6
the inspection of the governor and to the superior court judges of 7
the state of Washington.))8
(2) The establishment and supervision of diagnostic facilities 9
and services in connection with the custody, care, and treatment of 10
persons with disabilities, and behavior problem children who may be 11
committed or admitted to any of the institutions, schools, or 12
facilities controlled and operated by the department, or who may be 13
referred for such diagnosis and treatment by any superior court of 14
this state. Such diagnostic services may be established in connection 15
with, or apart from, any other state institution under the 16
supervision and direction of the secretary of the department of 17
social and health services or the secretary of the department of 18
children, youth, and families. Such diagnostic services shall be 19
available to the superior courts of the state for persons referred 20
for such services by them prior to commitment, or admission to, any 21
school, institution, or other facility. Such diagnostic services 22
shall also be available to other departments of the state. When the 23
secretary of the department of social and health services or the 24
secretary of the department of children, youth, and families 25
determines it necessary, the secretary of the department of social 26
and health services or the secretary of the department of children, 27
youth, and families may create waiting lists and set priorities for 28
use of diagnostic services for juvenile offenders on the basis of 29
those most severely in need. 30
(3) The supervision of all persons committed or admitted to any 31
institution, school, or other facility operated by the department of 32
social and health services or the department of children, youth, and 33
families, and the transfer of such persons from any such institution, 34
school, or facility to any other such school, institution, or 35
facility: PROVIDED, That where a person has been committed to a 36
minimum security institution, school, or facility by any of the 37
superior courts of this state, a transfer to a close security 38
institution shall be made only with the consent and approval of such 39
court. 40
p. 6 HB 2244
(4) The supervision of parole, discharge, or other release, and 1
the post-institutional placement of all persons committed to Green 2
Hill school, or such as may be assigned, paroled, or transferred 3
therefrom to other facilities operated by the department. Green Hill 4
school is hereby designated as a "close security" institution to 5
which shall be given the custody of children with the most serious 6
behavior problems. 7
Sec. 9. RCW 21.20.480 and 1979 ex.s. c 68 s 35 are each amended 8
to read as follows: 9
It is unlawful for the director or any of the director's officers 10
or employees to use for personal benefit any information which is 11
filed with or obtained by the director and which is not made public. 12
((The director or any of the director's officers or employees shall 13
not disclose any such information or the fact that any investigation 14
is being made except among themselves or when necessary or 15
appropriate in a proceeding or investigation under this chapter. )) No 16
provision of this chapter either creates or derogates from any 17
privilege which exists at common law or otherwise when documentary or 18
other evidence is sought under a subpoena directed to the director or 19
any of the director's officers or employees. 20
Sec. 10. RCW 43.41.100 and 2009 c 549 s 5119 are each amended to 21
read as follows: 22
The director of financial management shall: 23
(1) Supervise and administer the activities of the office of 24
financial management. 25
(2) Exercise all the powers and perform all the duties prescribed 26
by law with respect to the administration of the state budget and 27
accounting system. 28
(3) Advise the governor and the legislature with respect to 29
matters affecting program management and planning.30
(4) Make efficiency surveys of all state departments and 31
institutions, and the administrative and business methods pursued 32
therein, examine into the physical needs and industrial activities 33
thereof, and make ((confidential)) reports to the governor, 34
recommending necessary betterments, repairs, and the installation of 35
improved and more economical administrative methods, and advising 36
such action as will result in a greater measure of self-support and 37
remedies for inefficient functioning. 38
p. 7 HB 2244
The director may enter into contracts on behalf of the state to 1
carry out the purposes of this chapter; he or she may act for the 2
state in the initiation of or participation in any multi-governmental 3
agency program relative to the purposes of this chapter; and he or 4
she may accept gifts and grants, whether such grants be of federal or 5
other funds. 6
NEW SECTION. Sec. 11. The following acts or parts of acts are 7
each repealed:8
(1) RCW 18.46.090 (Information confidential) and 2000 c 93 s 36 & 9
1951 c 168 s 10; 10
(2) RCW 24.06.480 (Confidential nature of information disclosed 11
by interrogatories) and 1982 c 35 s 158 & 1969 ex.s. c 120 s 96; and12
(3) RCW 26.12.080 (Protection of privacy of parties) and 1989 c 13
375 s 22 & 1949 c 50 s 8. 14
--- END ---
p. 8 HB 2244