Public risk pool records

AN ACT Relating to establishing a public records exemption for 1
the proprietary information of public risk pools; and amending RCW 2
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
S-0087.1
SENATE BILL 5102
State of Washington 69th Legislature 2025 Regular Session
By Senator Hasegawa
Prefiled 12/23/24.
p. 1 SB 5102
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 and 32
financial statements, and supporting documents: (i) Of house-banked 33
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 gaming;36
(c) Valuable formulae or financial or proprietary commercial 37
information records received during a consultative visit or while 38
providing consultative services to a licensed cannabis business in 39
accordance with RCW 69.50.561; 40
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(11) Proprietary data, trade secrets, or other information that 1
relates to: (a) A vendor's unique methods of conducting business; (b) 2
data unique to the product or services of the vendor; or (c) 3
determining prices or rates to be charged for services, submitted by 4
any vendor to the department of social and health services or the 5
health care authority for purposes of the development, acquisition, 6
or implementation of state purchased health care as defined in RCW 7
41.05.011; 8
(12)(a) When supplied to and in the records of the department of 9
commerce: 10
(i) Financial and proprietary information collected from any 11
person and provided to the department of commerce pursuant to RCW 12
43.330.050(8); 13
(ii) Financial or proprietary information collected from any 14
person and provided to the department of commerce or the office of 15
the governor in connection with the siting, recruitment, expansion, 16
retention, or relocation of that person's business and until a siting 17
decision is made, identifying information of any person supplying 18
information under this subsection and the locations being considered 19
for siting, relocation, or expansion of a business; and20
(iii) Financial or proprietary information collected from any 21
person and provided to the department of commerce pursuant to RCW 22
43.31.625 (3)(b) and (4); 23
(b) When developed by the department of commerce based on 24
information as described in (a)(i) of this subsection, any work 25
product is not exempt from disclosure; 26
(c) For the purposes of this subsection, "siting decision" means 27
the decision to acquire or not to acquire a site; 28
(d) If there is no written contact for a period of 60 days to the 29
department of commerce from a person connected with siting, 30
recruitment, expansion, retention, or relocation of that person's 31
business, information described in (a)(ii) of this subsection will be 32
available to the public under this chapter; 33
(13) Financial and proprietary information submitted to or 34
obtained by the department of ecology or the authority created under 35
chapter 70A.500 RCW to implement chapter 70A.500 RCW;36
(14) Financial, commercial, operations, and technical and 37
research information and data submitted to or obtained by the life 38
sciences discovery fund authority in applications for, or delivery 39
of, grants under RCW 43.330.502, to the extent that such information, 40
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if revealed, would reasonably be expected to result in private loss 1
to the providers of this information; 2
(15) Financial and commercial information provided as evidence to 3
the department of licensing as required by RCW 19.112.110 or 4
19.112.120, except information disclosed in aggregate form that does 5
not permit the identification of information related to individual 6
fuel licensees; 7
(16) Any production records, mineral assessments, and trade 8
secrets submitted by a permit holder, mine operator, or landowner to 9
the department of natural resources under RCW 78.44.085;10
(17)(a) Farm plans developed by conservation districts, unless 11
permission to release the farm plan is granted by the landowner or 12
operator who requested the plan, or the farm plan is used for the 13
application or issuance of a permit; 14
(b) Farm plans developed under chapter 90.48 RCW and not under 15
the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject 16
to RCW 42.56.610 and 90.64.190; 17
(18) Financial, commercial, operations, and technical and 18
research information and data submitted to or obtained by a health 19
sciences and services authority in applications for, or delivery of, 20
grants under RCW 35.104.010 through 35.104.060, to the extent that 21
such information, if revealed, would reasonably be expected to result 22
in private loss to providers of this information; 23
(19) Information gathered under chapter 19.85 RCW or RCW 24
34.05.328 that can be identified to a particular business;25
(20) Financial and commercial information submitted to or 26
obtained by the University of Washington, other than information the 27
university is required to disclose under RCW 28B.20.150, when the 28
information relates to investments in private funds, to the extent 29
that such information, if revealed, would reasonably be expected to 30
result in loss to the University of Washington consolidated endowment 31
fund or to result in private loss to the providers of this 32
information; 33
(21) Market share data submitted by a manufacturer under RCW 34
70A.500.190(4); 35
(22) Financial information supplied to the department of 36
financial institutions, when filed by or on behalf of an issuer of 37
securities for the purpose of obtaining the exemption from state 38
securities registration for small securities offerings provided under 39
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RCW 21.20.880 or when filed by or on behalf of an investor for the 1
purpose of purchasing such securities; 2
(23) Unaggregated or individual notices of a transfer of crude 3
oil that is financial, proprietary, or commercial information, 4
submitted to the department of ecology pursuant to RCW 5
90.56.565(1)(a), and that is in the possession of the department of 6
ecology or any entity with which the department of ecology has shared 7
the notice pursuant to RCW 90.56.565; 8
(24) Financial institution and retirement account information, 9
and building security plan information, supplied to the liquor and 10
cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and 11
69.50.345, when filed by or on behalf of a licensee or prospective 12
licensee for the purpose of obtaining, maintaining, or renewing a 13
license to produce, process, transport, or sell cannabis as allowed 14
under chapter 69.50 RCW; 15
(25) Cannabis transport information, vehicle and driver 16
identification data, and account numbers or unique access identifiers 17
issued to private entities for traceability system access, submitted 18
by an individual or business to the liquor and cannabis board under 19
the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and 20
69.50.345 for the purpose of cannabis product traceability. 21
Disclosure to local, state, and federal officials is not considered 22
public disclosure for purposes of this section; 23
(26) Financial and commercial information submitted to or 24
obtained by the retirement board of any city that is responsible for 25
the management of an employees' retirement system pursuant to the 26
authority of chapter 35.39 RCW, when the information relates to 27
investments in private funds, to the extent that such information, if 28
revealed, would reasonably be expected to result in loss to the 29
retirement fund or to result in private loss to the providers of this 30
information except that (a) the names and commitment amounts of the 31
private funds in which retirement funds are invested and (b) the 32
aggregate quarterly performance results for a retirement fund's 33
portfolio of investments in such funds are subject to disclosure;34
(27) Proprietary financial, commercial, operations, and technical 35
and research information and data submitted to or obtained by the 36
liquor and cannabis board in applications for cannabis research 37
licenses under RCW 69.50.372, or in reports submitted by cannabis 38
research licensees in accordance with rules adopted by the liquor and 39
cannabis board under RCW 69.50.372; 40
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(28) Trade secrets, technology, proprietary information, and 1
financial considerations contained in any agreements or contracts, 2
entered into by a licensed cannabis business under RCW 69.50.395, 3
which may be submitted to or obtained by the state liquor and 4
cannabis board; 5
(29) Financial, commercial, operations, and technical and 6
research information and data submitted to or obtained by the Andy 7
Hill cancer research endowment program in applications for, or 8
delivery of, grants under chapter 43.348 RCW, to the extent that such 9
information, if revealed, would reasonably be expected to result in 10
private loss to providers of this information; 11
(30) Proprietary information filed with the department of health 12
under chapter 69.48 RCW; 13
(31) Records filed with the department of ecology under chapter 14
70A.515 RCW that a court has determined are confidential valuable 15
commercial information under RCW 70A.515.130; ((and))16
(32) Unaggregated financial, proprietary, or commercial 17
information submitted to or obtained by the liquor and cannabis board 18
in applications for licenses under RCW 66.24.140 or 66.24.145, or in 19
any reports or remittances submitted by a person licensed under RCW 20
66.24.140 or 66.24.145 under rules adopted by the liquor and cannabis 21
board under chapter 66.08 RCW; and22
(33) Formulas and data public risk pools used to calculate rates 23
for pool member contributions or assessments, and actuarial analyses 24
and reports prepared by or for public risk pools. 25
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