title: RCW 42.52.410

text:
(1) A person may, personally or by his or her attorney, make, sign, and file with the appropriate ethics board a complaint on a form provided by the appropriate ethics board. The complaint shall state the name of the person alleged to have violated this chapter or rules adopted under it and the particulars thereof, and contain such other information as may be required by the appropriate ethics board.
(2) If it has reason to believe that any person has been engaged or is engaging in a violation of this chapter or rules adopted under it, an ethics board may issue a complaint.
(3)(a) A state employee who files a complaint with the appropriate ethics board shall be afforded the protection afforded to a whistleblower under RCW 42.40.050 and 49.60.210(2), subject to the limitations of RCW 42.40.035 and 42.40.910. An agency, manager, or supervisor may not retaliate against a state employee who, after making a reasonable attempt to ascertain the correctness of the information furnished, files a complaint with the appropriate ethics board.
(b) A state employee may not be denied the protections in chapter 42.40 RCW even if the ethics board denies an investigation of the complaint.
(4) If a determination is made that a reprisal or retaliatory action has been taken against the state employee, the retaliator may be subject to a civil penalty of up to five thousand dollars.
[ 2013 c 190 s 2; 1994 c 154 s 211.]
Notes:
Finding—2013 c 190: "The legislature finds that ensuring public trust in government is a priority. The public expects its elected officials and state employees to adhere to the highest ethical standards during their service, and this includes a commitment to full and independent investigations, with proper penalties, in cases where the ethics in public service act is violated." [ 2013 c 190 s 1.]

catchline: Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.


doc_type: statute

jurisdiction: wa

title: RCW 42.52.420

text:
(1) After the filing of any complaint, except as provided in RCW 42.52.450, the staff of the appropriate ethics board shall investigate the complaint. The ethics board may request the assistance of the office of the attorney general or a contract investigator in conducting its investigation.
(2) The results of the investigation shall be reduced to writing and the staff shall either make a determination that the complaint should be dismissed pursuant to RCW 42.52.425, or recommend to the board that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed.
(3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.
(4) The identity of a person filing a complaint under RCW 42.52.410(1) is exempt from public disclosure, as provided in RCW 42.56.240.
[ 2013 c 190 s 4; 2000 c 211 s 1; 1994 c 154 s 212.]
Notes:
Finding—2013 c 190: See note following RCW 42.52.410.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Investigation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 42.52.425

text:
(1) Based on the investigation conducted under RCW 42.52.420 or 42.52.450, and subject to rules issued by each board, the board or the staff of the appropriate ethics board may issue an order of dismissal based on any of the following findings:
(a) Any violation that may have occurred is not within the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous; or
(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection (1) of this section shall be provided to the complainant, respondent, and the board. The written notice to the complainant shall include a statement of the complainant's right to appeal to the board under subsection (3) of this section if the dismissal order was issued by staff.
(3) In the event that a complaint is dismissed by staff under this section, the complainant may request that the board review the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to believe that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent.
[ 2005 c 116 s 1; 2000 c 211 s 2.]

catchline: Dismissal of complaint.


title: RCW 42.52.430

text:
(1) If the ethics board determines there is reasonable cause under RCW 42.52.420 that a violation of this chapter or rules adopted under it occurred, a public hearing on the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the hearing. The case in support of the complaint shall be presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath and recorded.
(5) If, based upon a preponderance of the evidence, the ethics board finds that the respondent has violated this chapter or rules adopted under it, the board shall file an order stating findings of fact and enforcement action as authorized under this chapter.
(6) If, upon all the evidence, the ethics board finds that the respondent has not engaged in an alleged violation of this chapter or rules adopted under it, the ethics board shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(7) If the board makes a determination that there is not reasonable cause to believe that a violation has been or is being committed or has made a finding under subsection (6) of this section, the attorney general shall represent the officer or employee in any action subsequently commenced based on the alleged facts in the complaint.
[ 1994 c 154 s 213.]

catchline: Public hearing—Findings.


title: RCW 42.52.440

text:
Except as otherwise provided by law, reconsideration or judicial review of an ethics board's order that a violation of this chapter or rules adopted under it has occurred shall be governed by the provisions of chapter 34.05 RCW applicable to review of adjudicative proceedings.
[ 1994 c 154 s 214.]

catchline: Review of order.


title: RCW 42.52.450

text:
(1) If a complaint alleges a violation of RCW 42.52.180 by a legislator or statewide elected official other than the attorney general, the attorney general shall, if requested by the appropriate ethics board, conduct the investigation under RCW 42.52.420 and recommend action.
(2) If a complaint alleges a violation of RCW 42.52.180 by the attorney general, the state auditor shall conduct the investigation under RCW 42.52.420 and recommend action to the appropriate ethics board.
[ 2005 c 116 s 2; 1994 c 154 s 215.]

catchline: Complaint against legislator or statewide elected official.


title: RCW 42.52.460

text:
Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that RCW 42.52.180 is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the appropriate ethics board and the attorney general that the person will commence a citizen's action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice. An action is deemed to have been commenced when the appropriate ethics board or the board's executive director accepts a complaint for filing and initiates a preliminary investigation.
If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys' fees incurred. If a citizen's action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys' fees incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment.
[ 2013 c 190 s 5; 1994 c 154 s 216.]
Notes:
Finding—2013 c 190: See note following RCW 42.52.410.

catchline: Citizen actions.


title: RCW 42.52.470

text:
As appropriate, an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed resolution which shall be referred back to the appropriate ethics board for action; or
(2) To the attorney general's office or prosecutor for appropriate action.
[ 1994 c 154 s 217.]

catchline: Referral for enforcement.


title: RCW 42.52.480

text:
(1) Except as otherwise provided by law, an ethics board may order payment of the following amounts if it finds a violation of this chapter or rules adopted under it after a hearing under RCW 42.52.370 or other applicable law:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative expenses.
(2) Damages under this section may be enforced in the same manner as a judgment in a civil case.
[ 2025 c 377 s 17; 1994 c 154 s 218.]

catchline: Action by boards.


title: RCW 42.52.490

text:
(1) Upon a written determination by the attorney general that the action of an ethics board was clearly erroneous or if requested by an ethics board, the attorney general may bring a civil action in the superior court of the county in which the violation is alleged to have occurred against a state officer, state employee, former state officer, former state employee, or other person who has violated or knowingly assisted another person in violating any of the provisions of this chapter or the rules adopted under it. In such action the attorney general may recover the following amounts on behalf of the state of Washington:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or the rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative expenses.
(2) In any civil action brought by the attorney general upon the basis that the attorney general has determined that the board's action was clearly erroneous, the court shall not proceed with the action unless the attorney general has first shown, and the court has found, that the action of the board was clearly erroneous.
[ 2025 c 377 s 18; 1994 c 154 s 219.]

catchline: Action by attorney general.


title: RCW 42.52.500

text:
If an ethics board finds that there is reasonable cause to believe that a violation has occurred, the board shall consider the possibility of the alleged violator having to pay a total amount of penalty and costs of more than five hundred dollars. Based on such consideration, the board may give the person who is the subject of the complaint the option to have an administrative law judge conduct the hearing and rule on procedural and evidentiary matters. The board may also, on its own initiative, provide for retaining an administrative law judge. An ethics board may not require total payment of more than five hundred dollars in penalty and costs in any case where an administrative law judge is not used and the board did not give such option to the person who is the subject of the complaint.
[ 1994 c 154 s 220.]

catchline: Optional hearings by administrative law judge.


title: RCW 42.52.510

text:
(1) The attorney general may, on request of the governor or the appropriate agency, and in addition to other available rights of rescission, bring an action in the superior court of Thurston county to cancel or rescind state action taken by a state officer or state employee, without liability to the state of Washington, contractual or otherwise, if the governor or ethics board has reason to believe that: (a) A violation of this chapter or rules adopted under it has substantially influenced the state action, and (b) the interest of the state requires the cancellation or rescission. The governor may suspend state action pending the determination of the merits of the controversy under this section. The court may permit persons affected by the governor's actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final judgment, decree, or other order of the court.
(2) This section does not limit other available remedies.
[ 1994 c 154 s 221.]

catchline: Rescission of state action.


title: RCW 42.52.520

text:
(1) A violation of this chapter or rules adopted under it is grounds for disciplinary action.
(2) The procedures for any such action shall correspond to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not specifically exempted in chapter 41.06 RCW, the rules set forth in chapter 41.06 RCW shall apply. Any action against the state officer or state employee shall be subject to judicial review to the extent provided by law for disciplinary action for misconduct of state officers and state employees of the same category and grade.
[ 1994 c 154 s 222; 1969 ex.s. c 234 s 26. Formerly RCW 42.18.260.]

catchline: Disciplinary action.


title: RCW 42.52.530

text:
In addition to other authority under this chapter, the attorney general may investigate persons not under the jurisdiction of an ethics board whom the attorney general has reason to believe were involved in transactions in violation of this chapter or rules adopted under it.
[ 1994 c 154 s 223.]

catchline: Additional investigative authority.


title: RCW 42.52.540

text:
Any action taken under this chapter must be commenced within five years from the date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the action must be commenced within two years from the date the violation was discovered or reasonably should have been discovered: (1) By any person with direct or indirect supervisory responsibilities over the person who allegedly committed the violation; or (2) if no person has direct or indirect supervisory authority over the person who committed the violation, by the appropriate ethics board.
[ 1994 c 154 s 224.]

catchline: Limitations period.


title: RCW 42.52.550

text:
The citizen members of the legislative ethics board and the members of the executive ethics board shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislator members of the legislative ethics board shall be reimbursed as provided in RCW 44.04.120.
[ 1994 c 154 s 227.]

catchline: Compensation of ethics boards.


title: RCW 42.52.560

text:
(1) Nothing in this chapter prohibits a state employee from distributing communications from an employee organization or charitable organization to other state employees if the communications do not support or oppose a ballot proposition or candidate for federal, state, or local public office. Nothing in this section shall be construed to authorize any lobbying activity with public funds beyond the activity permitted by RCW 29B.50.090.
(2) "Employee organization," for purposes of this section, means any organization, union, or association in which employees participate and that exists for the purpose of collective bargaining with employers or for the purpose of opposing collective bargaining or certification of a union.
[ 2024 c 164 s 518; 2011 c 60 s 33; 2006 c 217 s 1.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.

catchline: Communications from an employee organization or charitable organization—Distribution by state employee.


title: RCW 42.52.570

text:
(1) The department of fish and wildlife and the parks and recreation commission may approve private business activity in state-owned housing provided under Title 77 RCW or chapter 79A.05 RCW.
(2) Prior to granting approval of private business activity in state-owned housing, the department of fish and wildlife and the parks and recreation commission must adopt a private business activity policy that is approved by the executive ethics board.
(a) The private business activity policy may only authorize private business activity by the resident state employee while the employee is off duty or the employee's spouse who is approved for residency in the agency housing or the employee's children.
(b) The private business activity policy may not allow private business activity that negatively impacts the agency's operations. For the purposes of this section, "negatively impacts" includes but is not limited to: (i) Negative impacts to visitors' services or access; (ii) in-person visits to state-owned housing for the purpose of transacting business that negatively impacts agency operations; (iii) the incurrence of additional expenses by the state; (iv) the use of signage in the state-owned residence; (v) advertising on state-owned property; or (vi) an appearance of state endorsement of the private business activity.
(3) The private business activity must comply with all other local, state, and federal laws.
(4) All approvals of a private business activity in state-owned housing must be by the agency director or designee in writing.
(5) A state employee is presumed not to be in violation of RCW 42.52.070 or 42.52.160 if the employee or the employee's spouse or child complies with this section.
[ 2008 c 247 s 1.]

catchline: Private business activity policy—Department of fish and wildlife—Parks and recreation commission.


title: RCW 42.52.575

text:
This chapter does not prohibit the department of labor and industries from providing information about scholarship opportunities offered by nonprofit organizations and available to children and spouses of workers who suffered an injury in the course of employment resulting in death or permanent total disability. The department of labor and industries may, in its sole discretion, provide information about one or more scholarship opportunities. The cost of printing and inserting materials, any additional mailing costs, and any other related costs must be borne by the scholarship organization.
[ 2013 c 134 s 1.]

catchline: Information about scholarship opportunities.


title: RCW 42.52.800

text:
(1) When soliciting charitable gifts, grants, or donations solely for the limited purposes of RCW 27.48.040, members of the capitol furnishings preservation committee are exempt from the laws of this chapter.
(2) When soliciting charitable gifts, grants, or donations solely for the limited purposes of RCW 27.48.050 or when assisting a nonprofit foundation established for the purposes of RCW 27.48.050, state officers and state employees are exempt from the laws of this chapter.
[ 2002 c 167 s 3; 1999 c 343 s 4.]
Notes:
Findings—Effective date—2002 c 167: See notes following RCW 27.48.050.
Findings—Purpose—1999 c 343: See note following RCW 27.48.040.

catchline: Exemptions—Solicitation for state capitol historic furnishings and preservation and restoration of state legislative building.


title: RCW 42.52.802

text:
This chapter does not prohibit the secretary of state or a designee from soliciting and accepting contributions to the Washington state legacy project, state library, and archives account created in RCW 43.07.380.
[ 2008 c 222 s 14; 2003 c 164 s 4.]
Notes:
Purpose—2008 c 222: See note following RCW 44.04.320.

catchline: Exemption—Solicitation for Washington state legacy project, state library, and archives account.


title: RCW 42.52.8021

text:
This chapter does not prohibit the secretary of state or the secretary of state's designee from soliciting and accepting contributions to the Washington state flag account created in *RCW 43.07.388.
[ 2009 c 71 s 3.]
Notes:
*Reviser's note: RCW 43.07.388 was repealed by 2025 c 399 s 1.

catchline: Exemption—Solicitation for Washington state flag account.


title: RCW 42.52.8022

text:
This chapter does not prohibit state employees from attending informational or educational meetings regarding legislative issues with a legislator or other elected official. It is not a violation of this chapter to hold such meetings in public facilities, including state-owned or leased buildings. This section is not intended to allow the use of state facilities for a political campaign or for the promotion of or opposition to a ballot proposition.
[ 2011 c 63 s 1.]

catchline: Exemption—Informational or educational meetings regarding legislative issues.


title: RCW 42.52.8023

text:
This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the Gina Grant Bull memorial legislative page scholarship account created in RCW 44.04.380. Furthermore, this chapter does not prohibit any legislative member or legislative employee from soliciting gifts for the Gina Grant Bull memorial legislative page scholarship account.
[ 2017 c 322 s 4.]

catchline: Exemption—Gina Grant Bull memorial legislative page scholarship account.


title: RCW 42.52.8024

text:
This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the Rosa Franklin legislative internship program scholarship account created in RCW 44.04.410. Furthermore, this chapter does not prohibit any legislative member or legislative employee from soliciting gifts for the Rosa Franklin legislative internship program scholarship account.
[ 2021 c 108 s 4.]

catchline: Exemption—Rosa Franklin legislative internship program scholarship.


title: RCW 42.52.803

text:
This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the legislative oral history account created in RCW 44.04.345.
[ 2008 c 222 s 2.]
Notes:
Purpose—2008 c 222: See note following RCW 44.04.320.

catchline: Exemption—Solicitation for legislative oral history account.


title: RCW 42.52.804

text:
Members of a health profession board or commission as identified in RCW 18.130.040(2)(b) may express their professional opinions to an elected official about the work of the board or commission on which the member serves, even if those opinions differ from the department of health's official position. Such communication shall be to inform the elected official and not to lobby in support or opposition to any initiative to the legislature.
[ 2008 c 134 s 15.]
Notes:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.

catchline: Exemption—Health profession board or commission—Professional opinions.


title: RCW 42.52.805

text:
(1) When soliciting gifts, grants, or donations solely to support the charitable activities of executive branch state employees conducted pursuant to RCW 9.46.0209, the executive branch state officers and executive branch state employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.150(3). However, the gifts, grants, or donations must only be solicited from state employees or businesses and organizations that have no business dealings with the soliciting employee's agency. For the purposes of this subsection, "business dealings" includes being subject to regulation by the agency, having a contractual relationship with the agency, and purchasing goods or services from the agency.
(2) For purposes of this section, activities are deemed to be charitable if the activities are devoted to the purposes authorized under RCW 9.46.0209 for charitable and nonprofit organizations listed in that section, or are in support of the activities of those charitable or nonprofit organizations.
[ 2025 c 377 s 19; 2007 c 452 s 2.]

catchline: Solicitation for charitable activities of executive branch state employees—Limitations—Definitions.


title: RCW 42.52.806

text:
This chapter does not prohibit the members of the Billy Frank Jr. national statuary hall selection committee, members of the legislature, when outside the period in which solicitation of contributions is prohibited by RCW 29B.45.020, or employees of the Washington state historical society from soliciting contributions for the purposes established in chapter 20, Laws of 2021, and for deposit into the Billy Frank Jr. national statuary hall collection fund created in RCW 43.08.800.
[ 2024 c 164 s 519; 2023 c 387 s 4.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.

catchline: Exemption—Solicitation for Billy Frank Jr. national statuary hall collection fund.


title: RCW 42.52.807

text:
This chapter does not prohibit the use of public resources, including but not limited to the use of personnel, money, and property, by an employee of a state institution of higher education to benefit any student athlete in the advising, facilitation, acknowledgment, or education related to a matter involving the name[,] image[,] and likeness of such a student athlete or group of student athletes, or in relation to student athlete name[,] image[,] and likeness matters generally, so long as such resources are under the control or direction of such an employee. Any use of public resources must adhere to the rules established by the national, nonprofit member organization responsible for oversight of college sports at state institutions of higher education.
[ 2024 c 33 s 1.]

catchline: Exemption—Advising on student athlete name, image, and likeness.


title: RCW 42.52.810

text:
(1) When soliciting charitable gifts, grants, or donations solely for the legislative international trade account created in RCW 43.15.050, the president of the senate is presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.150(3).
(2) When soliciting charitable gifts, grants, or donations solely for the legislative international trade account created in RCW 43.15.050, state officers and state employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.150(3).
(3) An annual report of the legislative international trade account activities, including a list of receipts and expenditures, shall be published by the president of the senate and submitted to the house of representatives and the senate and be a public record for the purposes of RCW 42.56.070.
[ 2025 c 377 s 20; 2005 c 274 s 293; 2003 c 265 s 2.]

catchline: Solicitation for the legislative international trade account—Report.


title: RCW 42.52.820

text:
When soliciting gifts, grants, or donations to host an official conference within the state of Washington of a national legislative association as approved by both the chief clerk and the secretary of the senate, designated legislative officials and designated legislative employees are presumed not to be in violation of the solicitation and receipt of gift provisions in this chapter. For the purposes of this section, any legislative association must include among its membership the Washington state legislature or individual legislators or legislative staff.
[ 2003 1st sp.s. c 23 s 1.]

catchline: Solicitation for hosting national legislative association conference.


title: RCW 42.52.821

text:
When soliciting gifts, grants, or donations to host an official conference within the state of Washington of a national association as approved by the state treasurer, the treasurer and designated employees are presumed not to be in violation of the solicitation and receipt of gift provisions in this chapter.
[ 2015 c 45 s 1.]

catchline: Exemption—Solicitation to host conference of a national association.


title: RCW 42.52.822

text:
(1) When soliciting gifts, grants, or donations to a regional or national legislative association for an official conference held outside the state of Washington, legislators who serve as elected leaders of the association and designated legislative employees are presumed not to be in violation of the solicitation and receipt of gift provisions of this chapter.
(2) For purposes of this section, any regional or national legislative association is any organization which:
(a) Exists for the purpose of supporting legislators in the execution of their official duties;
(b) Includes among its membership the Washington state legislature; and
(c) Is supported in part by the payment of annual dues by the Washington state legislature.
[ 2023 c 91 s 1.]

catchline: Exemption—Solicitation for regional or national legislative association conferences.


title: RCW 42.52.900

text:
Government derives its powers from the people. Ethics in government are the foundation on which the structure of government rests. State officials and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities to which they are elected and appointed. Paramount in that trust is the principle that public office, whether elected or appointed, may not be used for personal gain or private advantage.
The citizens of the state expect all state officials and employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to conduct the business of the state only in a manner that advances the public's interest. State officials and employees are subject to the sanctions of law and scrutiny of the media; ultimately, however, they are accountable to the people and must consider this public accountability as a particular obligation of the public service. Only when affairs of government are conducted, at all levels, with openness as provided by law and an unswerving commitment to the public good does government work as it should.
The obligations of government rest equally on the state's citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens, therefore, should honor and respect the principles and the spirit of representative democracy, recognizing that both elected and appointed officials, together with state employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such service merits public recognition and support.
All who have the privilege of working for the people of Washington state can have but one aim: To give the highest public service to its citizens.
[ 1994 c 154 s 1.]

catchline: Legislative declaration.


title: RCW 42.52.901

text:
This chapter shall be construed liberally to effectuate its purposes and policy and to supplement existing laws as may relate to the same subject.
[ 1994 c 154 s 301.]

catchline: Liberal construction.


title: RCW 42.52.903

text:
Nothing in this chapter shall be interpreted to prevent a member of a board, committee, advisory commission, or other body required or permitted by statute to be appointed from any identifiable group or interest, from serving on such body in accordance with the intent of the legislature in establishing such body.
[ 1969 ex.s. c 234 s 33. Formerly RCW 42.18.330.]

catchline: Serving on board, committee, or commission not prevented.


title: RCW 42.52.904

text:
Sections 101 through 121, 203, 204, 207 through 224, and 301 through 317 of this act shall take effect January 1, 1995.
[ 1994 c 154 s 319.]

catchline: Effective date—1994 c 154.


title: RCW 42.52.906

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 105.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 42.56.001

text:
The legislature finds that *chapter 42.17 RCW contains laws relating to several discrete subjects. Therefore, the purpose of chapter 274, Laws of 2005 is to recodify some of those laws and create a new chapter in the Revised Code of Washington that contains laws pertaining to public records.
[ 2005 c 274 s 1.]
Notes:
*Reviser's note: Provisions in chapter 42.17 RCW relating to public records were recodified in chapter 42.56 RCW by 2005 c 274, effective July 1, 2006. Provisions in chapter 42.17 RCW relating to campaign disclosure and contribution were recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012. Chapter 42.17A RCW was recodified into Title 29B RCW by 2024 c 164, effective January 1, 2026.

catchline: Finding, purpose.


title: RCW 42.56.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
(2) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.
(3) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who:
(a) Do not serve in an administrative capacity;
(b) Have not been appointed by the agency to an agency board, commission, or internship; and
(c) Do not have a supervisory role or delegated agency authority.
(4) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
[ 2022 c 71 s 6; 2017 c 303 s 1; 2010 c 204 s 1005; 2007 c 197 s 1; 2005 c 274 s 101.]
Notes:
Findings—Intent—2022 c 71: See note following RCW 28B.10.930.
Effective date—2010 c 204 ss 101-504, 506-601, 603-702, and 801-1103: See note following RCW 29B.15.010.

catchline: Definitions.


title: RCW 42.56.020

text:
This chapter may be known and cited as the public records act.
[ 2005 c 274 s 102.]

catchline: Short title.


title: RCW 42.56.030

text:
The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.
[ 2007 c 197 s 2; 2005 c 274 s 283; 1992 c 139 s 2. Formerly RCW 42.17.251.]

catchline: Construction.


title: RCW 42.56.040

text:
(1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(e) Each amendment or revision to, or repeal of any of the foregoing.
(2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed.
[ 2012 c 117 s 127; 1973 c 1 s 25 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.250.]
Notes:
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.

catchline: Duty to publish procedures.


title: RCW 42.56.050

text:
A person's "right to privacy," "right of privacy," "privacy," or "personal privacy," as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. The provisions of this chapter dealing with the right to privacy in certain public records do not create any right of privacy beyond those rights that are specified in this chapter as express exemptions from the public's right to inspect, examine, or copy public records.
[ 1987 c 403 s 2. Formerly RCW 42.17.255.]
Notes:
Intent—1987 c 403: "The legislature intends to restore the law relating to the release of public records largely to that which existed prior to the Washington Supreme Court decision in "In Re Rosier," 105 Wn.2d 606 (1986). The intent of this legislation is to make clear that: (1) Absent statutory provisions to the contrary, agencies possessing records should in responding to requests for disclosure not make any distinctions in releasing or not releasing records based upon the identity of the person or agency which requested the records, and (2) agencies having public records should rely only upon statutory exemptions or prohibitions for refusal to provide public records. Further, to avoid unnecessary confusion, "privacy" as used in RCW 42.17.255 is intended to have the same meaning as the definition given that word by the Supreme Court in "Hearst v. Hoppe," 90 Wn.2d 123, 135 (1978)." [ 1987 c 403 s 1.]
Severability—1987 c 403: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 403 s 7.]

catchline: Invasion of privacy, when.


title: RCW 42.56.060

text:
No public agency, public official, public employee, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record if the public agency, public official, public employee, or custodian acted in good faith in attempting to comply with the provisions of this chapter.
[ 1992 c 139 s 11. Formerly RCW 42.17.258.]

catchline: Disclaimer of public liability.


title: RCW 42.56.070

text:
(1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (8) of this section, this chapter, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.
(2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption.
(3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;
(c) Administrative staff manuals and instructions to staff that affect a member of the public;
(d) Planning policies and goals, and interim and final planning decisions;
(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
(4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:
(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and
(b) Make available for public inspection and copying all indexes maintained for agency use.
(5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records:
(a) All records issued before July 1, 1990, for which the agency has maintained an index;
(b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;
(c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;
(d) Interpretive statements as defined in RCW 34.05.010 that were entered after June 30, 1990; and
(e) Policy statements as defined in RCW 34.05.010 that were entered after June 30, 1990.
Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes.
(6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if:
(a) It has been indexed in an index available to the public; or
(b) Parties affected have timely notice (actual or constructive) of the terms thereof.
(7) Each agency may establish, maintain, and make available for public inspection and copying a statement of the actual costs that it charges for providing photocopies or electronically produced copies, of public records and a statement of the factors and manner used to determine the actual costs. Any statement of costs may be adopted by an agency only after providing notice and public hearing.
(a)(i) In determining the actual cost for providing copies of public records, an agency may include all costs directly incident to copying such public records including:
(A) The actual cost of the paper and the per page cost for use of agency copying equipment; and
(B) The actual cost of the electronic production or file transfer of the record and the use of any cloud-based data storage and processing service.
(ii) In determining other actual costs for providing copies of public records, an agency may include all costs directly incident to:
(A) Shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used; and
(B) Transmitting such records in an electronic format, including the cost of any transmission charge and use of any physical media device provided by the agency.
(b) In determining the actual costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records. Staff time to copy and send the requested public records may be included in an agency's costs.
(8) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative procedure act.
[ 2017 c 304 s 1; 2005 c 274 s 284; 1997 c 409 s 601. Prior: 1995 c 397 s 11; 1995 c 341 s 1; 1992 c 139 s 3; 1989 c 175 s 36; 1987 c 403 s 3; 1975 1st ex.s. c 294 s 14; 1973 c 1 s 26 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.260.]
Notes:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—1989 c 175: See note following RCW 34.05.010.
Intent—Severability—1987 c 403: See notes following RCW 42.56.050.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Exemption for registered trade names: RCW 19.80.065.
Paid family and medical leave information: RCW 50A.05.020(4).

catchline: Documents and indexes to be made public—Statement of costs.


title: RCW 42.56.080

text:
(1)(a) A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under this chapter, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency's records.
(b) A request for a recording required to be maintained by a school district board of directors under RCW 42.30.035(2) shall only be considered a valid request for an identifiable record when the date of the recording, or a range of dates, is specified in the request. When searching for and providing identifiable recordings, no search criteria except date must be considered by the school district.
(2) Public records shall be available for inspection and copying, and agencies shall, upon request for identifiable public records, make them promptly available to any person including, if applicable, on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure. Agencies shall not deny a request for identifiable public records solely on the basis that the request is overbroad. Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(8) or 42.56.240(14), or other statute which exempts or prohibits disclosure of specific information or records to certain persons. Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency. Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page.
(3) An agency may deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four hour period, if the agency establishes that responding to the multiple requests would cause excessive interference with other essential functions of the agency. For purposes of this subsection, "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script.
[ 2023 c 67 s 1; 2017 c 304 s 2; 2016 c 163 s 3. Prior: 2005 c 483 s 1; 2005 c 274 s 285; 1987 c 403 s 4; 1975 1st ex.s. c 294 s 15; 1973 c 1 s 27 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.270.]
Notes:
Effective date—2023 c 67: See note following RCW 42.30.035.
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
Intent—Severability—1987 c 403: See notes following RCW 42.56.050.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.

catchline: Identifiable records—Facilities for copying—Availability of public records.


title: RCW 42.56.090

text:
Public records shall be available for inspection and copying during the customary office hours of the agency, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives for a minimum of thirty hours per week, except weeks that include state legal holidays, unless the person making the request and the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives or its representative agree on a different time. Customary business hours must be posted on the agency or office's website and made known by other means designed to provide the public with notice.
[ 2009 c 428 s 2; 1995 c 397 s 12; 1973 c 1 s 28 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.280.]
Notes:
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.

catchline: Times for inspection and copying—Posting on website.


title: RCW 42.56.100

text:
Agencies shall adopt and enforce reasonable rules and regulations, and the office of the secretary of the senate and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the time, resource, and personnel constraints associated with legislative sessions, consonant with the intent of this chapter to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives. Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information. Nothing in this section shall relieve agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives from honoring requests received by mail for copies of identifiable public records.
If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved.
[ 1995 c 397 s 13; 1992 c 139 s 4; 1975 1st ex.s. c 294 s 16; 1973 c 1 s 29 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.290.]
Notes:
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.

catchline: Protection of public records—Public access.


title: RCW 42.56.110

text:
Nothing in this chapter prevents an agency from destroying information relating to employee misconduct or alleged misconduct, in accordance with RCW 41.06.450, to the extent necessary to ensure fairness to the employee.
[ 1982 c 208 s 13. Formerly RCW 42.17.295.]

catchline: Destruction of information relating to employee misconduct.


title: RCW 42.56.120

text:
(1) No fee shall be charged for the inspection of public records or locating public documents and making them available for copying, except as provided in RCW 42.56.240(14) and subsection (3) of this section. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying. When calculating any fees authorized under this section, an agency shall use the most reasonable cost-efficient method available to the agency as part of its normal operations. If any agency translates a record into an alternative electronic format at the request of a requestor, the copy created does not constitute a new public record for purposes of this chapter. Scanning paper records to make electronic copies of such records is a method of copying paper records and does not amount to the creation of a new public record.
(2)(a) Agency charges for actual costs may only be imposed in accordance with the costs established and published by the agency pursuant to RCW 42.56.070(7), and in accordance with the statement of factors and manner used to determine the actual costs. In no event may an agency charge a per page cost greater than the actual cost as established and published by the agency.
(b) An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome. To the extent the agency has not determined the actual costs of copying public records, the agency may not charge in excess of:
(i) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;
(ii) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(iii) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and
(iv) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and
(v) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
(c) The charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.
(d) An agency may charge a flat fee of up to two dollars for any request as an alternative to fees authorized under (a) or (b) of this subsection when the agency reasonably estimates and documents that the costs allowed under this subsection are clearly equal to or more than two dollars. An additional flat fee shall not be charged for any installment after the first installment of a request produced in installments. An agency that has elected to charge the flat fee in this subsection for an initial installment may not charge the fees authorized under (a) or (b) of this subsection on subsequent installments.
(e) An agency shall not impose copying charges under this section for access to or downloading of records that the agency routinely posts on its public internet website prior to receipt of a request unless the requestor has specifically requested that the agency provide copies of such records through other means.
(f) A requestor may ask an agency to provide, and if requested an agency shall provide, a summary of the applicable charges before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.
(3)(a)(i) In addition to the charge imposed for providing copies of public records and for the use by any person of agency equipment copying costs, an agency may include a customized service charge. A customized service charge may only be imposed if the agency estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the agency for other agency purposes.
(ii) The customized service charge may reimburse the agency up to the actual cost of providing the services in this subsection.
(b) An agency may not assess a customized service charge unless the agency has notified the requestor of the customized service charge to be applied to the request, including an explanation of why the customized service charge applies, a description of the specific expertise, and a reasonable estimate cost of the charge. The notice also must provide the requestor the opportunity to amend his or her request in order to avoid or reduce the cost of a customized service charge.
(4) An agency may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request, including a customized service charge. If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request. An agency may waive any charge assessed for a request pursuant to agency rules and regulations. An agency may enter into any contract, memorandum of understanding, or other agreement with a requestor that provides an alternative fee arrangement to the charges authorized in this section, or in response to a voluminous or frequently occurring request.
[ 2017 c 304 s 3; 2016 c 163 s 4; 2005 c 483 s 2. Prior: 1995 c 397 s 14; 1995 c 341 s 2; 1973 c 1 s 30 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.300.]
Notes:
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
Effective date—1995 c 397: See note following RCW 29B.40.020.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.

catchline: Charges for copying.


title: RCW 42.56.130

text:
The provisions of RCW * 42.56.070 (7) and (8) and 42.56.120 that establish or allow agencies to establish the costs charged for photocopies or electronically produced copies of public records do not supersede other statutory provisions, other than in this chapter, authorizing or governing fees for copying public records.
[ 2017 c 304 s 4; 2005 c 274 s 286; 1995 c 341 s 3. Formerly RCW 42.17.305.]
Notes:
*Reviser's note: RCW 42.56.070 was amended by 2017 c 304 s 1, deleting subsection (8).

catchline: Other provisions not superseded.


title: RCW 42.56.140

text:
(1)(a) The public records exemptions accountability committee is created to review exemptions from public disclosure, with thirteen members as provided in this subsection.
(i) The governor shall appoint two members, one of whom represents the governor and one of whom represents local government.
(ii) The attorney general shall appoint two members, one of whom represents the attorney general and one of whom represents a statewide media association.
(iii) The state auditor shall appoint one member.
(iv) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
(v) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
(vi) The governor shall appoint four members of the public, with consideration given to diversity of viewpoint and geography.
(b) The governor shall select the chair of the committee from among its membership.
(c) Terms of the members shall be four years and shall be staggered, beginning August 1, 2007.
(2) The purpose of the public records exemptions accountability committee is to review public disclosure exemptions and provide recommendations pursuant to subsection (7)(d) of this section. The committee shall develop and publish criteria for review of public exemptions.
(3) All meetings of the committee shall be open to the public.
(4) The committee must consider input from interested parties.
(5) The office of the attorney general and the office of financial management shall provide staff support to the committee.
(6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(7)(a) Beginning August 1, 2007, the code reviser shall provide the committee by August 1st of each year with a list of all public disclosure exemptions in the Revised Code of Washington.
(b) The committee shall develop a schedule to accomplish a review of each public disclosure exemption. The committee shall publish the schedule and publish any revisions made to the schedule.
(c) The chair shall convene an initial meeting of the committee by September 1, 2007. The committee shall meet at least four times a year and may hold additional meetings at the call of the chair or by a majority vote of the members of the committee.
(d) For each public disclosure exemption, the committee shall provide a recommendation as to whether the exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By November 15th of each year, the committee shall transmit its recommendations to the governor, the attorney general, and the appropriate committees of the house of representatives and the senate.
[ 2025 c 110 s 1; 2007 c 198 s 2.]
Notes:
Finding—2007 c 198: "The legislature recognizes that public disclosure exemptions are enacted to meet objectives that are determined to be in the public interest. Given the changing nature of information technology and management, recordkeeping, and the increasing number of public disclosure exemptions, the legislature finds that periodic reviews of public disclosure exemptions are needed to determine if each exemption serves the public interest." [ 2007 c 198 s 1.]

catchline: Public records exemptions accountability committee.


title: RCW 42.56.141

text:
By December 1, 2021, the public records exemptions accountability committee, in addition to its duties in RCW 42.56.140, must prepare and submit a report to the legislature that includes recommendations on whether the exemptions created in section 1, chapter 246, Laws of 2017 should be continued or allowed to expire. The report should focus on whether the exemption continues to serve the intent of the legislature in section 1, chapter 246, Laws of 2017 to provide protections of personal information during the period the state establishes and implements new policies regarding wolf management. The committee must consider whether the development of wolf management policy, by the time of the report, has diminished risks of threats to personal safety so that the protection of personal information in section 1, chapter 246, Laws of 2017 is no longer an ongoing necessity.
[ 2017 c 246 s 3.]
Notes:
Expiration date—2017 c 246: See note following RCW 42.56.430.

catchline: Public records exemptions accountability committee—Wolf depredation information exemption. (Expires June 30, 2027.)


title: RCW 42.56.150

text:
(1) Each local elected official and statewide elected official, and each person appointed to fill a vacancy in a local or statewide office, must complete a training course regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
(2) Officials required to complete training under this section may complete their training before assuming office but must:
(a) Complete training no later than ninety days after the date the official either:
(i) Takes the oath of office, if the official is required to take an oath of office to assume his or her duties as a public official; or
(ii) Otherwise assumes his or her duties as a public official; and
(b) Complete refresher training at intervals of no more than four years for as long as he or she holds the office.
(3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
(4) Training may be completed remotely with technology including but not limited to internet-based training.
[ 2014 c 66 s 3.]
Notes:
Findings—2014 c 66: "The legislature finds that the rights of citizens to observe the actions of their public officials and to have timely access to public records are the underpinnings of democracy and are essential for meaningful citizen participation in the democratic process. All too often, however, violations of the requirements of the public records act and the open public meetings act by public officials and agencies result in citizens being denied this important information and materials to which they are legally entitled. Such violations are often the result of inadvertent error or a lack of knowledge on the part of officials and agencies regarding their legal duties to the public pursuant to these acts. Also, whether due to error or ignorance, violations of the public records act and open public meetings act are very costly for state and local governments, both in terms of litigation expenses and administrative costs. The legislature also finds that the implementation of simple, cost-effective training programs will greatly increase the likelihood that public officials and agencies will better serve the public by improving citizen access to public records and encouraging public participation in governmental deliberations. Such improvements in public service will, in turn, enhance the public's trust in its government and result in significant cost savings by reducing the number of violations of the public records act and open public meetings act." [ 2014 c 66 s 1.]
Short title—2014 c 66: "This act may be known and cited as the open government trainings act." [ 2014 c 66 s 6.]
Effective date—2014 c 66: "This act takes effect July 1, 2014." [ 2014 c 66 s 7.]

catchline: Training—Local elected and statewide elected officials.


title: RCW 42.56.152

text:
(1) Public records officers designated under RCW 42.56.580 and records officers designated under RCW 40.14.040 must complete a training course regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
(2) Public records officers must:
(a) Complete training no later than ninety days after assuming responsibilities as a public records officer or records manager; and
(b) Complete refresher training at intervals of no more than four years as long as they maintain the designation.
(3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
(4) Training may be completed remotely with technology including but not limited to internet-based training.
(5) Training must address particular issues related to the retention, production, and disclosure of electronic documents, including updating and improving technology information services.
[ 2017 c 303 s 2; 2014 c 66 s 4.]
Notes:
Findings—Short title—Effective date—2014 c 66: See notes following RCW 42.56.150.

catchline: Training—Public records officers.


title: RCW 42.56.155

text:
The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter.
[ 2014 c 66 s 5.]
Notes:
Findings—Short title—Effective date—2014 c 66: See notes following RCW 42.56.150.

catchline: Assistance by attorney general.


title: RCW 42.56.210

text:
(1) Except for information described in *RCW 42.56.230(3)(a) and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this chapter are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(2) Inspection or copying of any specific records exempt under the provisions of this chapter may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(3) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
[ 2005 c 274 s 402. Prior: (2006 c 302 s 11 expired July 1, 2006); (2006 c 75 s 2 expired July 1, 2006); (2006 c 8 s 111 expired July 1, 2006); (2003 1st sp.s. c 26 s 926 expired June 30, 2005); 2003 c 277 s 3; 2003 c 124 s 1; prior: 2002 c 335 s 1; 2002 c 224 s 2; 2002 c 205 s 4; 2002 c 172 s 1; prior: 2001 c 278 s 1; 2001 c 98 s 2; 2001 c 70 s 1; prior: 2000 c 134 s 3; 2000 c 56 s 1; 2000 c 6 s 5; prior: 1999 c 326 s 3; 1999 c 290 s 1; 1999 c 215 s 1; 1998 c 69 s 1; prior: 1997 c 310 s 2; 1997 c 274 s 8; 1997 c 250 s 7; 1997 c 239 s 4; 1997 c 220 s 120 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 58 s 900; prior: 1996 c 305 s 2; 1996 c 253 s 302; 1996 c 191 s 88; 1996 c 80 s 1; 1995 c 267 s 6; prior: 1994 c 233 s 2; 1994 c 182 s 1; prior: 1993 c 360 s 2; 1993 c 320 s 9; 1993 c 280 s 35; prior: 1992 c 139 s 5; 1992 c 71 s 12; 1991 c 301 s 13; 1991 c 87 s 13; 1991 c 23 s 10; 1991 c 1 s 1; 1990 2nd ex.s. c 1 s 1103; 1990 c 256 s 1; prior: 1989 1st ex.s. c 9 s 407; 1989 c 352 s 7; 1989 c 279 s 23; 1989 c 238 s 1; 1989 c 205 s 20; 1989 c 189 s 3; 1989 c 11 s 12; prior: 1987 c 411 s 10; 1987 c 404 s 1; 1987 c 370 s 16; 1987 c 337 s 1; 1987 c 107 s 2; prior: 1986 c 299 s 25; 1986 c 276 s 7; 1985 c 414 s 8; 1984 c 143 s 21; 1983 c 133 s 10; 1982 c 64 s 1; 1977 ex.s. c 314 s 13; 1975-'76 2nd ex.s. c 82 s 5; 1975 1st ex.s. c 294 s 17; 1973 c 1 s 31 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.310.]
Notes:
*Reviser's note: RCW 42.56.230 was amended by 2011 c 173 s 1, changing subsection (3)(a) to subsection (4)(a).
Expiration date—2006 c 302 ss 9 and 11: See note following RCW 66.28.180.
Expiration date—2006 c 75 s 2: "Section 2 of this act expires July 1, 2006." [ 2006 c 75 s 4.]
Expiration date—2006 c 8 s 111: "Section 111 of this act expires July 1, 2006." [ 2006 c 8 s 404.]
Expiration date—Effective dates—2003 1st sp.s. c 26: See notes following RCW 43.88.032.
Working group on veterans' records: "The protection from identity theft for veterans who choose to file their discharge papers with the county auditor is a matter of gravest concern. At the same time, the integrity of the public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity of the public record is essential for the establishment of ancestral ties that may be of interest to this and future generations. While the public record as now kept by the county auditors is sufficient by itself for the accomplishment of these and many other public and private purposes, the proposed use of the public record for purposes that in their nature and intent are not public, so as to keep the veterans' discharge papers from disclosure to those of ill intent, causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working group may be convened by the joint committee on veterans' and military affairs to develop a means to preserve the integrity of the public record while protecting those veterans from identity theft." [ 2002 c 224 s 1.]
Effective date—2002 c 224 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002]." [ 2002 c 224 s 4.]
Findings—Severability—Effective dates—2002 c 205 ss 2, 3, and 4: See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and safety is promoted when the public has knowledge that enables them to make informed choices about their health and safety. Therefore, the legislature declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or specific and unique response plans, either of which is intended to prevent or mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a substantial likelihood of threatening public safety. Therefore, the legislature declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [ 2001 c 98 s 1.]
Findings—Conflict with federal requirements—Severability—2000 c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability—1996 c 305: See note following RCW 28B.85.020.
Findings—Purpose—Severability—Part headings not law—1996 c 253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See notes following RCW 43.70.052.
Effective date—1994 c 233: See note following RCW 70.123.075.
Effective date—1994 c 182: "This act shall take effect July 1, 1994." [ 1994 c 182 s 2.]
Effective date—1993 c 360: See note following RCW 18.130.085.
Effective date—1993 c 280: See RCW 43.330.902.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW 84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—1986 c 299: See RCW 28C.10.902.
Effective date—Construction—1973 c 1: See notes following RCW 29B.05.010.
Exemptions from public inspection
basic health plan records: RCW 70.47.150.
bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060.
certificate submitted by individual with physical or mental disability seeking a driver's license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children's ombuds: RCW 43.06A.050.
legislative service center, information: RCW 44.68.060.
medical commission, reports required to be filed with: RCW 18.71.0195.
organized crime investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.240.
salary and fringe benefit survey information: RCW 41.06.160.

catchline: Certain personal and other records exempt.


title: RCW 42.56.230

text:
The following personal information is exempt from public inspection and copying under this chapter:
(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;
(2)(a) Personal information:
(i) For a child enrolled in licensed child care in any files maintained by the department of children, youth, and families;
(ii) For a child enrolled in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs;
(iii) For a student enrolled or previously enrolled in a local education agency, in any records pertaining to the student, including correspondence;
(iv) For the family members or guardians of a child who is subject to the exemption under this subsection (2) if the family member or guardian has the same last name as the child or if the family member or guardian resides at the same address as the child and disclosure of the family member's or guardian's information would result in disclosure of the personal information exempted under (a)(i) through (iii) of this subsection; or
(v) For substitute caregivers who are licensed or approved to provide overnight care of children by the department of children, youth, and families.
(b) Emergency contact information under this subsection (2) may be provided to appropriate authorities and medical personnel for the purpose of treating the individual during an emergency situation;
(3) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy;
(4) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would: (a) Be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance authorized under RCW 35.102.145; or (b) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer;
(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law;
(6) Personal and financial information related to a small loan or any system of authorizing a small loan in RCW 31.45.093;
(7)(a) Any record or information used to prove identity, age, residential address, social security number, sex designation, or other personal information required to apply for, renew, or make changes to a driver's license, instruction permit, or identicard.
(b) Information provided under RCW 46.20.111 that indicates that an applicant declined to register with the selective service system.
(c) Any record pertaining to a vehicle license plate, driver's license, or identicard issued under RCW 46.08.066 that, alone or in combination with any other records, may reveal the identity of an individual, the sex designation of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, confidential public health work, public assistance fraud, or child support investigative activity. This exemption does not prevent the release of the total number of vehicle license plates, drivers' licenses, or identicards that, under RCW 46.08.066, an agency or department has applied for, been issued, denied, returned, destroyed, lost, and reported for misuse.
(d) Any record pertaining to a vessel registration issued under RCW 88.02.330 that, alone or in combination with any other records, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement activity. This exemption does not prevent the release of the total number of vessel registrations that, under RCW 88.02.330, an agency or department has applied for, been issued, denied, returned, destroyed, lost, and reported for misuse.
Upon request by the legislature, the department of licensing shall provide a report to the legislature containing all of the information in (c) of this subsection (7) and this subsection (7)(d) that is subject to public disclosure;
(8) All information related to individual claim resolution settlement agreements submitted to the board of industrial insurance appeals under RCW 51.04.063, other than final orders from the board of industrial insurance appeals. The board of industrial insurance appeals shall provide to the department of labor and industries copies of all final claim resolution settlement agreements;
(9) Voluntarily submitted information contained in a database that is part of or associated with 911 emergency communications systems, or information contained or used in emergency notification systems as provided under RCW 38.52.575 and 38.52.577;
(10) Information relating to a future voter, as provided in RCW 29A.08.725;
(11) All information submitted by a person to the state, either directly or through a state-licensed gambling establishment, or Indian tribes, or tribal enterprises that own gambling operations or facilities with class III gaming compacts, as part of the self-exclusion program established in RCW 9.46.071 or 67.70.040 for people with a gambling problem or gambling disorder;
(12) Names, addresses, or other personal information of individuals who participated in the bump-fire stock buy-back program under former RCW 43.43.920;
(13) All personal and financial information concerning a player that is received or maintained by the state lottery or any contracted lottery vendor except the player's name and city or town of residence. Additional information may be released only in accordance with prior written permission from the player;
(14) Information collected from individuals who have requested or previously requested changes to sex designation for vital records under chapter 70.58A RCW; and
(15) The name and address of an employee provided to the employment security department by an employer for the notice required under RCW 49.45.020.
[ 2026 c 86 s 3; 2026 c 56 s 1. Prior: 2023 c 361 s 14; 2023 c 346 s 1; 2023 c 182 s 2; 2021 c 89 s 1; prior: 2019 c 470 s 8; 2019 c 239 s 2; (2019 c 239 s 1 expired July 1, 2019); 2019 c 213 s 2; 2018 c 109 s 16; 2017 3rd sp.s. c 6 s 222; prior: 2015 c 224 s 2; 2015 c 47 s 1; 2014 c 142 s 1; prior: 2013 c 336 s 3; 2013 c 220 s 1; prior: 2011 c 350 s 2; 2011 c 173 s 1; 2010 c 106 s 102; 2009 c 510 s 8; 2008 c 200 s 5; 2005 c 274 s 403.]
Notes:
Reviser's note: This section was amended by 2026 c 56 s 1 and by 2026 c 86 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 86: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2026]." [ 2026 c 86 s 4.]
Effective date—2026 c 56: See note following RCW 46.20.134.
Findings—Intent—2023 c 182: "The legislature recognizes the important public interest in maintaining an open and transparent government and the critically important role that our public records act plays in ensuring the people of Washington have access to public records maintained by state and local agencies with narrow exemptions. The legislature recognizes that protecting the personal information of our minor students is also of critical importance, especially when disclosure of that personal information could potentially jeopardize the physical or mental health and safety of a student. While current state law also acknowledges the importance of protecting a student's privacy by providing an exemption for personal information in records maintained on a student's behalf, the legislature notes that there have been instances where information has been released from records held by schools that contains personal information about a student or related to a student and the release allows the student to be identified. The legislature intends to provide additional clarity in this narrow situation involving the disclosure of personal information related to a student that may be found in a nonstudent record. This clarity is intended to ensure school districts understand that they have the ability to protect a student's privacy and redact personal information related to a student regardless of the type of record that the information is found in." [ 2023 c 182 s 1.]
Effective date—2021 c 89: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 16, 2021]." [ 2021 c 89 s 7.]
Expiration date—Effective date—2019 c 239 ss 1 and 2: "(1) Section 1 of this act expires July 1, 2019.
(2) Section 2 of this act takes effect July 1, 2019." [ 2019 c 239 s 4.]
Effective date—2019 c 239: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 30, 2019]." [ 2019 c 239 s 5.]
Application—2019 c 239: "The exemptions in this act apply to any public records requests made prior to April 30, 2019, for which the disclosure of records has not already occurred." [ 2019 c 239 s 3.]
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2013 c 336: See note following RCW 46.08.066.
Effective date—2011 c 350: See note following RCW 46.20.111.
Effective date—2010 c 106: See note following RCW 35.102.145.
Effective date—2009 c 510: See RCW 31.45.901.
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.

catchline: Personal information.


title: RCW 42.56.235

text:
All records that relate to or contain personally identifying information about an individual's religious beliefs, practices, or affiliation are exempt from disclosure under this chapter.
[ 2018 c 303 s 7.]

catchline: Religious affiliation exemption.