title: RCW 19.05.030

text:
(1) The program:
(a) Allows covered employees to contribute to an IRA through automatic payroll deductions or additional retirement savings vehicles;
(b) Requires covered employers to fulfill the requirements provided in subsection (3) of this section;
(c) Facilitates automatic enrollment for covered employees and allows for covered employees to opt out of the plan at any time;
(d) Has a default contribution rate, set by the governing board by rule. The default contribution rate may not be less than three percent or more than seven percent of wages; and
(e) Has a default escalation rate, set by the governing board by rule. The default escalation rate may not exceed one percent per year. The maximum contribution rate based on the default escalation rate may not exceed 10 percent of wages.
(2)(a) Covered employees, who do not opt out of the program, are automatically enrolled in the program at the default rate or at an amount expressly specified by the employee in connection with the payroll deduction IRA agreement. Individual participants may modify their contribution rates or amounts or terminate their participation in the program at any time, subject to procedure defined by rule by the governing board. All contribution amounts are subject to the dollar limits on contributions provided by federal law.
(b) Contributions must be invested in the default investment option unless the individual participant affirmatively elects to invest some or all balances in one or more approved investment options offered by the program. An individual participant must have the opportunity to change investments for either future contributions or existing balances, or both, subject to requirements defined by rule by the governing board.
(c) Individual accounts are portable. A former individual participant who is either unemployed, or is employed by a noncovered employer, must be permitted to contribute to their individual account.
(d) An individual participant's and former individual participant's ability to withdraw, roll over, or transfer account balances is subject to, and liable for, all fees, penalties, and taxes under applicable law.
(e) An individual participant's or former individual participant's ability to receive distributions of contributions and earnings is subject to applicable law.
(3)(a) Each covered employer must facilitate the opportunity for covered employees to participate in the program by fulfilling the following administrative duties, as defined by rule by the governing board:
(i) Register with the program and provide the program administrator relevant information about covered employees;
(ii)(A) Assist the program by offering all covered employees the choice to either participate by voluntarily contributing to an IRA or opt out; or
(B) Automatically enroll covered employees in a qualified retirement plan offered by a trade association or chamber of commerce and permit covered employees to opt out;
(iii) Timely remit participant contributions; and
(iv) Distribute program information and disclosures to covered employees, as provided in RCW 19.05.040(14).
(b) The employers' role in the program is solely ministerial. In accordance with federal law, employers are prohibited from contributing funds to the IRAs through the program.
(c) Employers are not fiduciaries with respect to, or are liable for, the program, related information, educational materials, or forms or disclosures approved by the governing board, or the selection or performance of vendors selected by the governing board. An employer is not responsible for or obligated to monitor a covered employee's or individual participant's decision to participate in or opt out of the program, for contribution decisions, investment decisions, or failure to comply with the statutory eligibility conditions or limits on IRA contributions. An employer does not guarantee any investment, rate of return, or interest on assets in any individual participant account or the administrative account or is liable for any market losses, failure to realize gains, or any other adverse consequences, including the loss of favorable tax treatment or public assistance benefits, incurred by any person as a result of participating in the program. Nothing in this section relieves an employer from liability for criminal, fraudulent, tortious, or otherwise actionable conduct including liability related to the failure to remit employee contributions.
(4)(a) The governing board must determine the type or types of IRA accounts available under the program.
(b) An individual participant's contributions and earnings may be combined for investment and custodial purposes only. Separate records and accounting are required for individual accounts. Reports on the status of individual accounts must be provided to each individual participant at least annually. Individual participants must have online access to their accounts.
(c) Any moneys placed in these accounts may not be counted as assets for the purposes of state or local means-tested program eligibility or levels of state means-tested program eligibility.
[ 2024 c 327 s 3.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Program requirements—Contribution rates—Employer duties.


doc_type: statute

jurisdiction: wa

title: RCW 19.05.040

text:
(1) The governing board shall design and administer the program for the exclusive benefit of individual participants and beneficiaries with the care and skill of a knowledgeable, prudent individual.
(2) The governing board is comprised of 15 members as follows:
(a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate;
(b) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives;
(c) The state treasurer;
(d) The director of the department or the director's designee; and
(e) The following members representing the diversity and geography of the state, appointed by the governor:
(i) One member representing the securities industry;
(ii) One member representing the insurance industry;
(iii) One member who is a certified financial planner recommended by the national association of insurance and financial advisors of Washington;
(iv) One member representing the interests of small, independent businesses in Washington;
(v) One member representing the interests of minority-owned and women-owned businesses in Washington;
(vi) One member representing the Washington asset building coalition;
(vii) One member representing a retirement advocacy organization;
(viii) One member representing covered employees; and
(ix) One member representing covered employers.
(3)(a) The legislative member from the majority caucus of the house of representatives shall convene the initial meeting of the governing board. The governing board shall choose cochairs selected from the legislative membership for the design stage of the program until July 1, 2027. The governing board shall provide recommendations in the legislative report about who should be the chair of the governing board once the program is operational after July 1, 2027.
(b) After July 1, 2027, the legislative members of the governing board serve in an ex officio, advisory role to the governing board.
(4) Members who are appointed by the governor serve three-year terms and may be appointed for a second three-year term at the discretion of the governor. Members who are appointed by the governor may serve up to two terms over the course of their lifetime. The governor may stagger the terms of the appointed members.
(5) The governing board may appoint work groups to support the design and administration of the program. Work groups do not serve a voting function on the governing board and may include individuals who are not members of the governing board. Any work group established by the governing board is a class one group under RCW 43.03.220. Work group members receive compensation accordingly.
(6) Other state agencies must provide appropriate and reasonable assistance to the program as needed, including gathering data and information, in order for the governing board to carry out the purposes of this chapter. The governing board may reimburse the other state agencies from the administrative account for reasonable expenses incurred in providing appropriate and reasonable assistance.
(7)(a) The governing board must begin meeting in 2025.
(b) The governing board may conduct meetings remotely by teleconference or videoconference, including to obtain a quorum and to take votes on any measure.
(c) Each voting governing board member has one vote. The powers of the governing board must be exercised by a majority of all voting members present at the meeting of the governing board, whether in person or remotely. A quorum is required to convene a meeting of the governing board and to act on any measure before the governing board.
(8) The governing board shall establish, design, develop, implement, maintain, and oversee the program in accordance with this chapter and best practices for retirement saving vehicles.
(9) Staff support for the governing board shall be provided by:
(a) The department of financial institutions, until no later than June 30, 2027. The department of financial institutions may contract with a third-party entity to provide assistance or expertise during the program outreach and education, design, and implementation stage if approved by the governing board; and
(b) The administrative agency, beginning no later than July 1, 2027.
(10) The governing board shall conduct an outreach and education initiative regarding the design and implementation of the program. The governing board shall consult, educate, and receive feedback from covered employers and covered employees regarding the program design and implementation. The outreach and education initiative must ensure that diverse employer and employee communities are consulted, that interpreters are provided, and that written documents and materials are translated. In order to facilitate accessibility for diverse affected businesses and employees, the governing board shall work with the various state commissions to develop culturally and linguistically responsive outreach and education plans.
(11) Regarding investments, the governing board:
(a) Has the sole responsibility for contracting with outside firms to provide investment management for the program funds and manage the performance of investment managers under those contracts;
(b) Must adopt an investment policy statement and ensure that the investment options offered, including default investment options, are consistent with the objectives of the program. The menu of investment options may encompass a range of risk and return opportunities and must take the following into account:
(i) The nature and objectives of the program;
(ii) The diverse needs of individual participants;
(iii) The desirability of limiting investment choices under the program to a reasonable number; and
(iv) The extensive investment choices available to participants outside of the program.
(12) Regarding the design of the program, the governing board must:
(a) Ensure the program is designed and operated in a manner that will not cause it to be subject to or preempted by the federal employment retirement income security act of 1974, as amended, and that any employer that is not a covered employer shall have no reporting or registration obligation or requirement to take any action under the program other than to claim an exemption from coverage by the program;
(b) Design and operate the program to:
(i) Minimize costs to individual participants, covered employers, and the state;
(ii) Minimize the risk that covered employees will exceed applicable annual contribution limits;
(iii) Facilitate and encourage employee participation in the program and participant saving;
(iv) Maximize simplicity, including ease of administration for covered employers and ease of use for individual participants;
(v) Provide a simple process for covered employees to opt out of the program at any time or modify their payroll deductions;
(vi) Maximize portability of individual accounts;
(vii) Maximize financial security in retirement; and
(viii) Maximize the availability of funds to individual participants with a goal of having funds available within three business days following the remittance of payroll deductions by covered employers, if feasible;
(c) Design the program to be compliant with all applicable requirements under the internal revenue code, including requirements for favorable tax treatment of IRAs, and any other applicable law or regulation;
(d) Consult with the department of financial institutions, the department, the office of minority and women's business enterprises, and the office of the secretary of state to create a strategy to educate and inform covered employers about employer administrative duties under this chapter, including the development of culturally relevant and responsive approaches centered in cultural humility with outreach to employers that are considered socially vulnerable, historically marginalized, or face cultural or language barriers to participate in workplace retirement savings programs;
(e) Launch the program by July 1, 2027. The board may stagger implementation in stages after that date, which may include phasing in implementation based on the size of employers, or other factors.
(13) The governing board may adopt rules to govern the program, including to govern the following:
(a) Employee registration and enrollment process;
(b) Employee alternative election procedure including, but not limited to, the method in which a participating individual may opt out of participation at any time, change their contribution rate, opt out of auto-escalation, make nonpayroll contributions, and make withdrawals;
(c) Contribution limits, the initial automatic default contribution rate, and the automatic default escalation rate;
(d) Outreach, marketing, and educational initiatives or publication of online resources, encouragement of participation, retirement savings, and sound investment practices. Outreach, marketing, and educational initiatives must promote cultural humility and engage culturally relevant and responsive approaches while including special consideration for socially vulnerable communities historically, or are known to often be, excluded from, marginalized by, or face barriers to participation in workplace retirement savings programs; and
(e) A process in which individuals who are not covered employees may participate in the program, including unemployed individuals, self-employed individuals, and other independent contractors.
(14) The governing board shall develop:
(a) Information regarding the program;
(b) The following disclosures:
(i) A description of the benefits and risks associated with making contributions under the program;
(ii) Instructions about how to obtain additional information about the program;
(iii) A description of the tax consequences of an IRA, which may consist of or include the disclosure statement required to be distributed by the trustee under the internal revenue code and treasury regulations thereunder;
(iv) A statement that covered employees seeking financial advice should contact their own financial advisers, that covered employers are not in a position to provide financial advice, and that covered employers are not liable for decisions covered employees make under this chapter;
(v) A statement that the program is not an employer-sponsored retirement plan;
(vi) A statement that the covered employee's IRA established under the program is not guaranteed by the state;
(vii) A statement that the program is voluntary for covered employees, and a covered employee may opt out of the program at any time; and
(viii) A statement that neither a covered employer nor the state will monitor or has an obligation to monitor the covered employee's eligibility under the internal revenue code to make contributions to an IRA or to monitor whether the covered employee's contributions to the IRA established for the covered employee exceed the maximum permissible IRA contribution; that it is the covered employee's responsibility to monitor such matters; and that the state, the program, and the covered employer have no liability with respect to any failure of the covered employee to be eligible to make IRA contributions or any contribution in excess of the maximum IRA contribution;
(c) Information, forms, and instructions to be furnished to covered employees, at such times as the governing board determines, that provide the covered employee with the procedures for:
(i) Making contributions to the covered employee's IRA established under the program, including a description of the automatic enrollment rate, the automatic escalation rate and frequency, the right to elect to make no contribution or to change the contribution rate under the program, and how to opt out of the program at any time;
(ii) Making an investment election with respect to the covered employee's IRA established under the program, including a description of the default investment fund; and
(iii) Making transfers, rollovers, withdrawals including instructions on how to access funds, and other distributions from the covered employee's IRA.
(15) The governing board must evaluate options to assist covered employees and employers to identify private sector providers of financial advice, to the extent feasible and unless prohibited by state or federal laws. The governing board must consider options including, but not limited to, a website established and maintained by the governing board.
(16) The governing board may create or enter into, on behalf of the program, a consortium, alliance, joint venture, partnership, compact, or contract with another state or states or their programs or boards.
(17) The governing board must collect administrative fees to defray the costs of administering the program. If the governing board creates or enters into a joint program agreement, as provided in subsection (16) of this section, the rate of the administrative fee for covered employees may not exceed the rate charged to covered employees of another state participating in the same program.
(18) The governing board, its members, and the administrative agency are not individually or collectively insurers of the funds or assets of the investment fund or individual accounts. Neither the governing board nor the administrative agency is liable for the action or inaction of the other.
(19) The governing board, its members, and the administrative agency are not individually or collectively liable to the state, to the fund, or to any other person as a result of their activities as members or staff, whether ministerial or discretionary, except for willful dishonesty or intentional violation of law. The governing board, its members, and the administrative agency may purchase liability insurance.
(20) The governing board shall submit progress reports to the appropriate committees of the legislature, in accordance with RCW 43.01.036.
(a) The first preliminary report is due December 1, 2025, and must include feedback to the legislature on the proposed timeline set forth under this chapter and progress on outreach initiatives and program implementation.
(b) The final report on program design and implementation recommendations is due December 1, 2026, and must include the following:
(i) A comprehensive summary of outreach activities conducted by the governing board to receive feedback on design elements and implementation for the program, including:
(A) Types of outreach conducted;
(B) Specific calendar dates and time frames in which outreach occurred;
(C) Covered employers and covered employees who were contacted;
(D) Subject matters discussed regarding the program and proposed program structure;
(E) The types of retirement account programs covered employers and covered employees preferred;
(F) Explanations of concerns received during the outreach activities and how those concerns were addressed;
(ii) Recommendations on whether the legislature should make changes to the program's structure or whether any statutory changes need to occur; and
(iii) Recommendations regarding the governing board structure, including who should chair the governing board and what entity should serve as the administrative agency that provides staff support to the governing board once the program is established and operational. The governing board shall consider a potential new agency, an existing state agency, or the office of a stand-alone statewide elected official for the administrative agency.
(c) Annual reports including program updates and program information must begin December 1, 2028, and include information on:
(i) Participation;
(ii) Account performance;
(iii) Board decisions; and
(iv) Any recommendations to the legislature regarding the program.
(21) The governing board may consult with the state investment board and the department of financial institutions regarding program design and implementation.
(22) The governing board shall assure any administrative contract services for the program provide culturally responsive and relevant supports rooted in cultural humility while including special considerations for socially vulnerable communities historically, or are known to often be, excluded from, marginalized by, or face barriers to participation in workplace retirement savings programs.
[ 2024 c 327 s 4.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Governing board.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.05.050

text:
(1)(a) After consultation with the governing board, the investment manager may invest funds associated with the program. The investment manager, after consultation with the governing board regarding any recommendations, must provide a set of options for eligible individuals to choose from for self-directed investment. Any self-directed investment options must comply with the internal revenue code.
(b) All investment and operating costs of the investment manager associated with making self-directed investments must be paid by participants and recovered under procedures agreed to by the governing board and the investment manager. All other expenses caused by self-directed investments must be paid by the participant in accordance with the rules established by the governing board. With the exception of these expenses, all earnings from self-directed investments accrue to the individual accounts.
(2) The investment manager must invest and manage the assets entrusted to it:
(a) With reasonable care, skill, prudence, and diligence under circumstances then prevailing which a prudent person acting in a like capacity and familiar with such matters would use to conduct of an activity of like character and purpose; and
(b) In accordance with the investment policy established by the governing board.
(3) The authority to establish all policies relating to implementation, design, and management of the program resides with the governing board.
(4) The investment manager must routinely consult and communicate with the governing board on the investment policy, performance of the accounts, and related needs of the program.
[ 2024 c 327 s 5.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Investment manager.


title: RCW 19.05.060

text:
(1) The department has the following responsibilities related to covered employers, as provided in this chapter:
(a) Educate participating employers of their administrative duties under this chapter;
(b) In the case of noncompliance with employer administrative duties, investigate complaints, educate employers about how to come into compliance, and, in the case of willful violations, issue citations and collect penalties;
(c) In the case of impermissible withholding of amounts due to employees, investigate and enforce the complaint as an alleged violation of a wage payment requirement, as defined in RCW 49.48.082; and
(d) Facilitate a process in which employers may appeal complaints.
(2) Collections of unpaid citations assessing civil penalties by the department under this chapter must be made pursuant to RCW 49.48.086.
[ 2024 c 327 s 6.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Labor and industries—Responsibilities.


title: RCW 19.05.070

text:
(1) Covered employers shall comply with employer administrative duties provided under this chapter.
(2) If a complainant files a complaint with the department alleging any administrative violation, the department shall investigate the complaint and:
(a) If the complaint is filed before January 1, 2030, offer technical assistance to the employer to bring them into compliance. Civil penalties may not be assessed before January 1, 2030;
(b) If the complaint is filed on or after January 1, 2030, educate the employer on how to come into compliance and, if necessary and as provided in this section, enforce penalties for willful violations.
(3) The department may not investigate any alleged violation of rights that occurred more than three years before the date that the complainant filed the complaint.
(4)(a) If the department finds an employer administrative violation, the department must first provide an educational letter outlining the violations and provide 90 days for the employer to remedy the violations. The employer may ask for an extension for good cause. The department may extend the period by providing written notice to the employee and the employer, specifying the duration of the extension. If the employer fails to remedy the violation within 90 days, the department may issue a citation and notice of assessment with a civil penalty.
(b) Except as provided otherwise in this chapter, the maximum penalty for a first-time willful violation is $100 and $250 for a second willful violation. For the purposes of this section, "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute. For each subsequent willful violation, the employer is subject to a maximum penalty amount of $500 for each violation.
(c) The department may not assess a civil penalty if the employer reasonably relied on: (i) A rule related to any of the requirements of this chapter; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director of the department; or (iii) an interpretive or administrative policy issued by the department and filed pursuant to chapter 34.05 RCW. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether an employer is immune from civil penalties under (b) of this subsection.
(5) The department may, at any time, waive or reduce a civil penalty assessed under this section if the director of the department determines that the employer has taken corrective action to resolve the violation.
(6) The department shall deposit all civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
[ 2024 c 327 s 7.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Labor and industries—Compliance with employer administrative duties.


title: RCW 19.05.080

text:
(1) A person, firm, or corporation aggrieved by a citation and notice of assessment by the department under this chapter may appeal the citation and notice of assessment to the director of the department by filing a notice of appeal with the director within 30 days of the department's issuance of the citation and notice of assessment. A citation and notice of assessment not appealed within 30 days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director of the department under this section must state the effectiveness of the citation and notice of assessment pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director of the department must assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment must be de novo. Any party who seeks to challenge an initial order must file a petition for administrative review with the director within 30 days after service of the initial order. The director must conduct administrative review in accordance with chapter 34.05 RCW.
(4) The director of the department must issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection of records in an investigation by the department under this section within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of the penalty assessed.
[ 2024 c 327 s 8.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Labor and industries—Administrative citation appeals.


title: RCW 19.05.090

text:
(1) Employers may not impermissibly withhold any amounts due to the employee related to the employer's obligations under RCW 19.05.030. If any employee files a complaint with the department alleging that the employer impermissibly withheld any amounts due to the employee related to the employer's obligations under RCW 19.05.030, the department shall investigate and otherwise enforce the complaint as an alleged violation of a wage payment requirement, as defined in RCW 49.48.082.
(2) During an investigation, if the department discovers information suggesting additional violations of impermissibly withheld amounts due to the employees related to the employer's obligations under RCW 19.05.030, the department may investigate and take appropriate enforcement action without any additional complaint. The department may also initiate an investigation on behalf of one or more employees for any such violation when the director otherwise has reason to believe that a violation has occurred or will occur.
(3) The department may conduct a consolidated investigation for any alleged withheld amounts due to the employees related to the employer's obligations under RCW 19.05.030 when there are common questions of law or fact involving the employees. If the department consolidates such matters into a single investigation, it shall provide notice to the employer.
(4) The department may, for the purposes of enforcing this section, issue subpoenas to compel the attendance of witnesses or parties and the production of documents, administer oaths and examine witnesses under oath, take depositions, and seek affidavits or other verifications. The department may require the employer perform a self-audit of any records. The results or conclusions of the self-audit must be provided to the department within a reasonable time. The department must specify the timelines in the self-audit request. The records examined by the employer in order to perform the self-audit must be made available to the department upon request.
(5) Any citation or determination of compliance issued under this section is subject to RCW 49.48.083, 49.48.084, 49.48.085, and 49.48.086.
[ 2024 c 327 s 9.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Labor and industries—Enforcement of amounts due.


title: RCW 19.05.100

text:
(1) Any information or records concerning an individual or employer obtained by the administrative agency or the governing board to administer this chapter are private and confidential, except as otherwise provided in this section.
(a) If information provided to the administrative agency or the governing board by a governmental agency is held private and confidential by state or federal law, the administrative agency and the governing board may not release such information, unless otherwise provided in this section.
(b) Information provided to the administrative agency or the governing board by a governmental entity conditioned upon privacy and confidentiality under a provision of law is to be held private and confidential according to the agreement between the administrative agency or the governing board and the other governmental agency, unless otherwise provided in this title.
(2) Persons requesting disclosure of information held by the administrative agency or the governing board under this section must request such disclosure from the governmental agency that provided the information to the administrative agency or the governing board, rather than from the administrative agency or the governing board.
(3) If the governing board creates or enters into, on behalf of the program, a consortium, alliance, joint venture, partnership, compact, or contract with another state or states or their programs or boards, the laws of the state that is most protective of individual and employer confidentiality governs.
(4) The governing board has the authority to adopt, amend, or rescind rules interpreting and implementing this chapter.
(5)(a) An individual must have access to all records and information concerning that individual held by the administrative agency or the governing board.
(b) An employer must have access to its own records relating to their compliance with the program and any audit conducted or penalty assessed under this chapter.
(c) The administrative agency or the governing board may disclose information and records deemed confidential under this chapter to a third party acting on behalf of an individual or employer that would otherwise be eligible to receive records under this section when the administrative agency or the governing board receives a signed release from the individual or employer. The release must include a statement:
(i) Specifically identifying the information that is to be disclosed;
(ii) The acknowledgment that state government files will be assessed [accessed] to obtain that information;
(iii) The specific purpose for which the information is sought and a statement that information obtained under the release will only be used for that purpose; and
(iv) Indicating all parties who will receive the information disclosed.
(d) The administrative agency or the governing board may disclose information or records deemed private and confidential under this chapter to any private person or organization, including the trustee, and, by extension, the agents of any private person or organization, when the disclosure is necessary to permit private contracting parties to assist in the operation, management, and implementation of the program. The private person or organization may only use the information or records solely for the purpose for which the information was disclosed and are bound by the same rules of privacy and confidentiality as the administrative agency and the governing board.
(6)(a) A decision under this chapter by the administrative agency, the department, the governing board, or the appeals tribunal may not be deemed private and confidential under this section, unless the decision is based on information obtained in a closed hearing.
(b) Information or records deemed private and confidential under this section must be available to parties to judicial or formal administrative proceedings only upon a written finding by the presiding officer that the need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the information on record.
(7)(a) All private persons, governmental agencies, and organizations authorized to receive information from the administrative agency or the governing board under this chapter have an affirmative duty to prevent unauthorized disclosure of confidential information and are prohibited from disclosing confidential information unless expressly permitted by this section.
(b) If misuse of an unauthorized disclosure of confidential records or information occurs, all parties who are aware of the violation must inform the administrative agency immediately and must take all reasonable available actions to rectify the disclosure to the administrative agency standards.
(c) The misuse or unauthorized release of records or information deemed private and confidential under this chapter by any private person, governmental agency, or organization will subject the person, governmental agency, or organization to a civil penalty of up to $20,000 in the first year of the program. Beginning in December of the second year of the program and each December thereafter, the administrative agency must adjust the maximum civil penalty amount by multiplying the current maximum civil penalty by one plus the percentage by which the most current consumer price index available on December 1st of the current year exceeds the consumer price index for the prior 12-month period, and rounding the result to the nearest $1,000. If an adjustment under this subsection (7)(c) would reduce the maximum civil penalty, the administrative agency must not adjust the maximum civil penalty for use in the following year. Other applicable sanctions under state and federal law also apply.
(d) Suit to enforce this section must be brought by the attorney general and the amount of any penalties collected must be paid into the administrative account created in RCW 19.05.110. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
(8) This section does not contain a rule of evidence.
[ 2024 c 327 s 10.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Private and confidential information.


title: RCW 19.05.110

text:
(1) The Washington saves administrative trust account is created in the custody of the state treasurer.
(2) Expenditures from the account may be used only for the purposes of administrative and operating expenses of the program established under this chapter.
(3) Only the director of the administrative agency or the director's designee may authorize expenditures from the account. The account is exempt from appropriation and allotment provisions under chapter 43.88 RCW.
(4) The account may receive grants, gifts, or other moneys appropriated for administrative purposes from the state and the federal government.
(5) Any interest incurred by the account will be retained within the account.
[ 2025 c 190 s 2; 2024 c 327 s 11.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Administrative trust account.


title: RCW 19.05.120

text:
(1) The Washington saves investment account is established as a trust, with the governing board created under this chapter as its trustee.
(2)(a) Moneys in the account consist of moneys received from individual participants and participating employers pursuant to automatic payroll deductions and contributions to savings made under this chapter. The governing board shall determine how the account operates, provided that the account is operated so that the individual accounts established under the program meet the requirements for IRAs under the internal revenue code.
(b) The assets of the account are not state money, common cash, or revenue to the state. Amounts in the account may not be commingled with state funds and the state has no claim to or against, or interest in, such funds.
(3) Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. An appropriation is not required for expenditures.
(4) Only the governing board or the governing board's designee may authorize expenditures from the account.
[ 2024 c 327 s 12.]
Notes:
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.

catchline: Investment account.


title: RCW 19.06.010

text:
Products made by blind persons and sold or distributed in this state as blind made may bear a label affixed directly to the product reading "MADE BY THE BLIND" and shall show the distributor's or manufacturer's name. Any product bearing such label shall have been made by blind people to the extent of at least seventy-five percent of the labor hours required for its manufacture. No other label, trade name or sales device tending to create the impression that a product is made by blind persons shall be used in connection with the sale or distribution of such product unless the product shall have been made by blind people to the extent of at least seventy-five percent of the labor hours required for its manufacture.
[ 2009 c 549 s 1009; 1961 c 56 s 1; 1959 c 100 s 1.]


title: RCW 19.06.020

text:
Any board, commission, officer, employee or other person or persons of the state, or any county, city, town, school district or other agency, political subdivision or taxing district of the state, whose duty it is to purchase materials, supplies, goods, wares, merchandise or produce, or to procure services, for the use of any department or institution within the state, shall make such purchases and procure such services whenever available, from any nonprofit agency for the blind located within the state which manufactures or distributes blind made products: PROVIDED, That the goods and services made by or offered by such agencies shall be equal in quality and price to those available from other sources.
[ 1961 c 56 s 4; 1959 c 100 s 2.]

catchline: Governmental agencies shall purchase goods and services—Conditions.


title: RCW 19.06.030

text:
No advertising of blind made products shall refer to any product which is not blind made, nor shall any such advertising contain or refer to names or pictures of any blind persons or otherwise exploit the blind.
[ 1961 c 56 s 2.]

catchline: Advertising limitations.


title: RCW 19.06.040

text:
Any violation of this chapter shall be a misdemeanor.
[ 1961 c 56 s 3.]

catchline: Penalty.


title: RCW 19.09.010

text:
The purpose of this chapter is to:
(1) Provide citizens of the state of Washington with information relating to any entity that solicits funds from the public for public charitable purposes in order to prevent (a) deceptive and dishonest practices in the conduct of soliciting funds for or in the name of charity; and (b) improper use of contributions intended for charitable purposes;
(2) Improve the transparency and accountability of organizations that solicit funds from the public for charitable purposes; and
(3) Develop and operate educational programs or partnerships for charitable organizations, board members, and the general public that help build public confidence and trust in organizations that solicit funds from the public for charitable purposes.
[ 2011 c 199 s 1; 2007 c 471 s 1; 1986 c 230 s 1; 1973 1st ex.s. c 13 s 1.]

catchline: Purpose.


title: RCW 19.09.020

text:
When used in this chapter, unless the context otherwise requires:
(1) A "bona fide officer or employee" of a charitable organization is one (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner of an independent contractor in his or her relation with the organization; and (c) whose compensation is not computed on funds raised or to be raised.
(2) "Charitable organization" means any entity that solicits or collects contributions from the general public where the contribution is or is purported to be used to support a charitable purpose, but does not include any commercial fund-raiser, commercial fund-raising entity, commercial coventurer, or any fund-raising counsel, as defined in this section. Churches and their integrated auxiliaries, and political organizations are not charitable organizations, but all are subject to RCW 19.09.100 (15) through (18).
(3) "Charitable purpose" means any religious, charitable, scientific, testing for public safety, literary, or educational purpose or any other purpose that is beneficial to the community, including environmental, humanitarian, patriotic, or civic purposes, the support of national or international amateur sports competition, the prevention of cruelty to children or animals, the advancement of social welfare, or the benefit of law enforcement personnel, firefighters, and other persons who protect public safety. The term "charitable" is used in its generally accepted legal sense and includes relief of the poor, the distressed, or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.
(4) "Commercial coventurer" means any individual or corporation, partnership, sole proprietorship, limited liability company, limited partnership, limited liability partnership, or any other legal entity, that:
(a) Is regularly and primarily engaged in making sales of goods or services for profit directly to the general public;
(b) Is not otherwise regularly or primarily engaged in making solicitations in this state or otherwise raising funds in this state for one or more charitable organizations;
(c) Represents to prospective purchasers that, if they purchase a good or service from the commercial coventurer, a portion of the sales price or a sum of money or some other specified thing of value will be donated to a named charitable organization; and
(d) Does not ask purchasers to make checks or other instruments payable to a named charitable organization or any entity other than the commercial coventurer itself under its regular commercial name.
(5) "Commercial fund-raiser" or "commercial fund-raising entity" means any entity that for compensation or other consideration directly or indirectly solicits or receives contributions within this state for or on behalf of any charitable organization or charitable purpose, or that is engaged in the business of, or represents to persons in this state as independently engaged in the business of, soliciting or receiving contributions for such purposes. However, a commercial coventurer, fund-raising counsel, or consultant is not a commercial fund-raiser or commercial fund-raising entity.
(6) "Compensation" means salaries, wages, fees, commissions, or any other remuneration or valuable consideration.
(7) "Contribution" means the payment, donation, or promise, for consideration or otherwise, of any money or property of any kind or value which contribution is wholly or partly induced by a solicitation. Reference to dollar amounts of "contributions" or "solicitations" in this chapter means in the case of payments or promises to pay for merchandise or rights of any description, the value of the total amount paid or promised to be paid for such merchandise or rights.
(8) "Cost of solicitation" means and includes all direct and indirect costs, expenditures, debts, obligations, salaries, wages, commissions, fees, or other money or thing of value paid or incurred in making a solicitation.
(9) "Entity" means an individual, organization, group, association, partnership, corporation, agency or unit of state government, or any combination thereof.
(10) "Fund-raising counsel" or "consultant" means any entity or individual who is retained by a charitable organization, for a fixed fee or rate, that is not computed on a percentage of funds raised, or to be raised, under a written agreement only to plan, advise, consult, or prepare materials for a solicitation of contributions in this state, but who does not manage, conduct, or carry on a fund-raising campaign and who does not solicit contributions or employ, procure, or engage any compensated person to solicit contributions, and who does not at any time have custody or control of contributions. A volunteer, employee, or salaried officer of a charitable organization maintaining a permanent establishment or office in this state is not a fund-raising counsel. An attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution is not a fund-raising counsel as a result of the advice.
(11) "General public" or "public" means any individual or entity located in Washington state without a membership or other official relationship with a charitable organization before a solicitation by the charitable organization.
(12) "Gross revenue" or "annual gross revenue" means, for any accounting period, the total value of revenue, excluding unrealized capital gains, but including noncash contributions of tangible, personal property received by or on behalf of a charitable organization from all sources, without subtracting any costs or expenses.
(13) "Membership" means that for the payment of fees, dues, assessments, etc., an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold office. The term "membership" does not include those persons who are granted a membership upon making a contribution as the result of solicitation.
(14) "Other employee" of a charitable organization means any person (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner of any independent contractor in his or her relation with the organization; and (c) who is not engaged in the business of or held out to persons in this state as independently engaged in the business of soliciting contributions for charitable purposes or religious activities.
(15) "Political organization" means those organizations whose activities are subject to Title 29B RCW or the federal elections campaign act of 1971, as amended.
(16) "Religious organization" means those entities that are not churches or integrated auxiliaries and includes nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, speakers' organizations, faith-based social agencies, and other entities whose principal purpose is the study, practice, or advancement of religion.
(17) "Secretary" means the secretary of state.
(18) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(19)(a) "Solicitation" means any oral or written request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services, or other thing in connection with which:
(i) Any appeal is made for any charitable purpose;
(ii) The name of any charitable organization is used as an inducement for consummating the sale; or
(iii) Any statement is made that implies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization.
(b) The solicitation shall be deemed completed when made, whether or not the person making it receives any contribution or makes any sale.
(c) "Solicitation" does not include bingo activities, raffles, and amusement games conducted under chapter 9.46 RCW and applicable rules of the Washington state gambling commission.
(20) "Solicitation report" means the financial information the secretary requires pursuant to RCW 19.09.075 or 19.09.079.
[ 2024 c 164 s 503; 2020 c 57 s 28. Prior: 2011 c 199 s 2; 2011 c 60 s 9; 2007 c 471 s 2; 2002 c 74 s 1; 1993 c 471 s 1; 1986 c 230 s 2; 1983 c 265 s 1; 1979 c 158 s 80; 1977 ex.s. c 222 s 1; 1974 ex.s. c 106 s 1; 1973 1st ex.s. c 13 s 2.]
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.
Captions not law—2002 c 74: "Section captions used in this act are not part of the law." [ 2002 c 74 s 21.]

catchline: Definitions.


title: RCW 19.09.062

text:
The secretary of state must collect the following fees in accordance with this chapter:
(1) For an application for registration as a charitable organization, a fee of sixty dollars. Twenty dollars of this fee must be deposited in the state general fund and the remaining forty dollars must be deposited in the charitable organization education account under RCW 19.09.530;
(2) For an annual renewal of registration as a charitable organization, a fee of forty dollars. Ten dollars of this fee must be deposited in the state general fund and the remaining thirty dollars must be deposited in the charitable organization education account under RCW 19.09.530;
(3) For an application for registration as a commercial fund-raiser, a fee of three hundred dollars. Two hundred fifty dollars of this fee must be deposited in the state general fund and the remaining fifty dollars must be deposited in the charitable organization education account under RCW 19.09.530;
(4) For an annual renewal of registration as a commercial fund-raiser, a fee of two hundred twenty-five dollars. One hundred seventy-five dollars of this fee must be deposited in the state general fund and the remaining fifty dollars must be deposited in the charitable organization education account under RCW 19.09.530;
(5) For a registration of a commercial fund-raiser service contract, a fee of twenty dollars. Ten dollars of this fee must be deposited in the state general fund and the remaining ten dollars must be deposited in the charitable organization education account under RCW 19.09.530.
[ 2011 c 199 s 4; 2010 1st sp.s. c 29 s 11.]
Notes:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.


title: RCW 19.09.065

text:
(1) All charitable organizations and commercial fund-raisers must register with the secretary prior to conducting any solicitations.
(2) Failure to register as required by this chapter is a violation of this chapter.
(3) Information provided to the secretary pursuant to this chapter is a public record except as provided by law. Social security numbers and financial account numbers are not public information.
(4) Registration must not be considered or be represented as an endorsement by the secretary or the state of Washington.
[ 2011 c 199 s 5; 1993 c 471 s 2; 1986 c 230 s 3; 1983 c 265 s 4.]

catchline: Charitable organizations and commercial fund-raisers—Registration required—Public record—Registration not endorsement.


title: RCW 19.09.068

text:
(1) Entities are deemed registered under RCW 19.09.075 or 19.09.079 twenty days after receipt of the registration or renewal form by the secretary and may thereafter solicit contributions from the general public.
(2) If the secretary determines that the application for initial registration or renewal is incomplete, the secretary will notify the applicant of the information necessary to complete the application. The secretary may hold the application up to thirty days to allow the applicant time to provide additional information. If the applicant fails to provide complete information as requested by the secretary, the applicant will be deemed unregistered and must cease all solicitations as defined by this chapter.
(3) If an applicant fails to pay a required fee for any filing, the secretary will notify the applicant of the necessary fee to complete the application. The secretary may hold the application up to thirty days to allow the applicant time to submit the required payment. If the applicant fails to provide the required payment as requested by the secretary, the applicant will be deemed unregistered and must cease all solicitations as defined by this chapter.
[ 2011 c 199 s 6.]

catchline: Application for registration—When registered—Incomplete application—Failure to pay filing fee.


title: RCW 19.09.071

text:
Charitable organizations must ensure that the financial information included in the solicitation report fairly represents, in all material respects, the financial condition and results of operations of the organization as of, and for, the period presented to the secretary for filing. If the financial information submitted to the secretary is incorrect in any material way, it is a violation of this chapter and the charitable organization may be subject to penalties as provided under RCW 19.09.279.
[ 2011 c 199 s 7.]

catchline: Application for registration—Solicitation report—Violation.


title: RCW 19.09.075

text:
(1) An application for initial registration and renewal as a charitable organization must be submitted on the form approved by the secretary and must contain:
(a) The name, address, and telephone number of the charitable organization;
(b) The name(s) under which the charitable organization will solicit contributions;
(c) The name, address, and telephone number of the officers of or persons accepting responsibility for the charitable organization;
(d) The names of the three officers or employees receiving the greatest amount of compensation from the charitable organization;
(e) The purpose of the charitable organization;
(f) Whether the organization is exempt from federal income tax; and if so the organization shall attach to its application a copy of the letter by which the internal revenue service granted such status;
(g) The name and address of the entity that prepares, reviews, or audits the financial statement of the charitable organization;
(h) A solicitation report of the charitable organization for the preceding, completed accounting year including:
(i) The types of solicitations conducted;
(ii) The gross revenue received from all sources by or on behalf of the charitable organization before any expenses are paid or deducted;
(iii) The total value of contributions received from all solicitations for or on behalf of the charitable organization before any expenses are paid or deducted;
(iv) The total value of funds expended for charitable purposes; and
(v) Total expenses, including expenditures for charitable purposes, fund-raising costs, and administrative expenses;
(i) The name, address, and telephone number of any commercial fund-raiser retained by the charitable organization; and
(j) An irrevocable appointment of the secretary to receive service of process in noncriminal proceedings as provided in RCW 19.09.305; and
(k) Such other information the secretary deems necessary by rule.
(2) The governing body or committee thereof must review and accept any financial report that the charitable organization may be required to file with the office of the secretary.
(3) Charitable organizations that are required under federal tax law to file an annual return in the form 990 series or any successor series is not required to file a copy of such annual return with the secretary: PROVIDED, That the charitable organization complies with all federal tax law requirements with respect to public inspection of such annual return.
(4) The president, treasurer, or comparable officer of the organization must sign and date the application. The application must be submitted with a nonrefundable filing fee established in RCW 19.09.062.
(5) Charitable organizations required to register and renew under this chapter must file a notice of change of information within thirty days of any change in the information contained in subsection (1)(a) through (k) of this section.
[ 2011 c 199 s 8; 2010 1st sp.s. c 29 s 12; 2007 c 471 s 3; 2002 c 74 s 2; 1993 c 471 s 3; 1986 c 230 s 4; 1983 c 265 s 5.]
Notes:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.
Captions not law—2002 c 74: See note following RCW 19.09.020.

catchline: Charitable organizations—Application for registration or renewal—Contents—Fee.


title: RCW 19.09.079

text:
An application for registration and renewal as a commercial fund-raiser must be submitted on the form approved by the secretary and must contain:
(1) The name, address, and telephone number of the commercial fund-raising entity;
(2) The name(s), address(es), and telephone number(s) of the owner(s) and principal officer(s) of the commercial fund-raising entity;
(3) The name, address, and telephone number of the individual responsible for the activities of the commercial fund-raising entity in Washington;
(4) The names of the three officers or employees receiving the greatest amount of compensation from the commercial fund-raising entity;
(5) The name and address of the entity that prepares, reviews, or audits the financial statement of the organization;
(6) A solicitation report of the commercial fund-raising entity for the preceding, completed accounting year, including:
(a) The types of fund-raising services conducted;
(b) The names of charitable organizations required to register under RCW 19.09.075 for whom fund-raising services have been performed;
(c) The total value of contributions received on behalf of charitable organizations required to register under RCW 19.09.075 by the commercial fund-raiser, affiliate of the commercial fund-raiser, or any entity retained by the commercial fund-raiser; and
(d) The amount of money disbursed to charitable organizations for charitable purposes, net of fund-raising costs paid by the charitable organization as stipulated in any agreement between charitable organizations and the commercial fund-raiser;
(7) The name, address, and telephone number of any other commercial fund-raiser that was retained in the conduct of providing fund-raising services;
(8) An irrevocable appointment of the secretary to receive service of process in noncriminal proceedings as provided in RCW 19.09.305; and
(9) Such other information the secretary deems necessary by rule.
The application must be signed by an officer or owner of the commercial fund-raiser and must be submitted with a nonrefundable fee established in RCW 19.09.062.
Commercial fund-raisers required to register and renew under this chapter must file a notice of change of information within thirty days of any change in the information contained in subsections (1) through (7) and (9) of this section.
[ 2011 c 199 s 10; 2010 1st sp.s. c 29 s 13; 2007 c 471 s 5; 1993 c 471 s 5; 1986 c 230 s 7; 1983 c 265 s 15.]
Notes:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.

catchline: Commercial fund-raisers—Application for registration or renewal—Contents—Fee.


title: RCW 19.09.081

text:
The application requirements of RCW 19.09.075 do not apply to:
(1) Any charitable organization raising less than fifty thousand dollars in any accounting year when all the activities of the organization, including all fund-raising activities, are carried on by persons who are unpaid for their services and no part of the charitable organization's assets or income inures to the benefit of or is paid to any officer, director, member, or trustee of the organization, other than as part of a charitable class benefited by the charitable organization.
(2) Appeals for funds on behalf of a specific individual named in the solicitation, but only if all of the proceeds of the solicitation are given to or expended for the direct benefit of that individual.
[ 2011 c 199 s 3.]

catchline: Application requirements—Exemptions.


title: RCW 19.09.085

text:
(1) Registration under this chapter is effective for one year or as established by the secretary.
(2) Renewals required under RCW 19.09.075 or 19.09.079 must be submitted to the secretary no later than the date established by the secretary by rule.
(3) The secretary must notify entities registered under this chapter of the need to renew upon the expiration of their current registration. The notification must be made approximately sixty days prior to the expiration date and must be made through postal or electronic means. Failure to renew shall not be excused by a failure of the secretary to send the notice or by an entity's failure to receive the notice.
(4) Entities required to register and renew under this chapter must file a notice of change of information within thirty days of any change in the information contained in RCW 19.09.075 (1)(a) through (k) or 19.09.079 (1) through (7) and (9).
(5) Entities are deemed registered under RCW 19.09.075 or 19.09.079 no sooner than twenty days after receipt of the registration or renewal form by the secretary and may thereafter solicit contributions from the general public.
(6) If the secretary determines that the application for initial registration or renewal is incomplete, the secretary must notify the applicant of the information necessary to complete the application. The secretary may hold the application up to thirty days to allow the applicant time to provide additional information. If the applicant fails to provide complete information as requested by the secretary, the applicant must be deemed unregistered and must cease all solicitations as defined by this chapter.
(7) If an applicant fails to pay a required fee for any filing, the secretary must notify the applicant of the necessary fee to complete the application. The secretary may hold the application up to thirty days to allow the applicant time to submit the required payment. If the applicant fails to provide the required payment as requested by the secretary, the applicant must be deemed unregistered and must cease all solicitations as defined by this chapter.
[ 2025 c 58 s 3002. Prior: 2011 c 199 s 12; 2011 c 183 s 1; 2007 c 471 s 6; 1993 c 471 s 6; 1986 c 230 s 8; 1983 c 265 s 8.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Registration—Duration—Notice to renew—When registered—Incomplete application—Failure to pay filing fee.


title: RCW 19.09.097

text:
(1) No charitable organization may contract with a commercial fund-raiser for any fund-raising service or activity unless its contract requires that both parties comply with the law and permits officers of the charity reasonable access to:
(a) The fund-raisers' financial records relating to that charitable organization;
(b) The fund-raisers' operations including without limitation the right to be present during any telephone solicitation; and
(c) The names of all of the fund-raisers' employees or staff who are conducting fund-raising activities or solicitations on behalf of the charitable organization. In addition, the contract shall specify the amount of raised funds that the charitable organization will receive or the method of computing that amount, the amount of compensation of the commercial fund-raiser or the method of computing that amount, and whether the compensation is fixed or contingent.
(2) Before a charitable organization may contract with a commercial fund-raiser for any fund-raising service or activity, the charitable organization and commercial fund-raiser shall complete and file a registration form with the secretary. The registration must be filed by the charitable organization on the form approved by the secretary and must contain:
(a) The name and registration number of the commercial fund-raiser;
(b) The name and registration number of the charitable organization;
(c) The name of the representative of the commercial fund-raiser who will be responsible for the conduct of the fund-raising;
(d) The type(s) of service(s) to be provided by the commercial fund-raiser;
(e) The term dates of the contract and the dates such service(s) will begin and end;
(f) The terms of the contract between the charitable organization and commercial fund-raiser relating to:
(i) Amount or percentages of amounts to inure to the charitable organization;
(ii) Limitations placed on the maximum amount to be raised by the fund-raiser, if the amount to inure to the charitable organization is not stated as a percentage of the amount raised;
(iii) Costs of fund-raising that will be the responsibility of the charitable organization, regardless of whether paid as a direct expense, deducted from the amounts disbursed, or otherwise; and
(iv) The manner in which contributions received directly by the charitable organization, not the result of services provided by the commercial fund-raiser, will be identified and used in computing the fee owed to the commercial fund-raiser; and
(g) The names of any entity, other than the contracting commercial fund-raiser to which any of the total anticipated fund-raising cost is to be paid, and whether any principal officer or owner of the commercial fund-raiser or relative by blood or marriage thereof is an owner or officer of any such entity.
(3) The registration form must be submitted with a nonrefundable filing fee established in RCW 19.09.062 and must be signed by an owner or principal officer of the commercial fund-raiser and the president, treasurer, trustee or comparable officer of the charitable organization.
(4) A correct copy of the contract shall be filed with the secretary before the commencement of any campaign.
(5) If the secretary determines that the application is incomplete, the secretary must notify the applicant of the information necessary to complete the application. The secretary may hold documents up to thirty days to allow the applicant time to provide additional information. If the applicant fails to provide complete information as requested by the secretary, the applicant must be deemed unregistered and the commercial fund-raiser must cease all solicitations under the terms of the contract.
(6) If an applicant fails to pay the required filing fee, the secretary must notify the applicant of the necessary fee to complete the application. The secretary may hold the application up to thirty days to allow the applicant time to submit the required payment. If the applicant fails to provide the required payment as requested by the secretary, the applicant must be deemed unregistered and the commercial fund-raiser must cease all solicitations under the terms of the contract.
[ 2011 c 199 s 13; 2010 1st sp.s. c 29 s 14; 2007 c 471 s 7; 1993 c 471 s 7; 1986 c 230 s 10.]
Notes:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.

catchline: Contract with commercial fund-raiser—Limitations—Registration form—Contents—Copy—Fee.


title: RCW 19.09.100

text:
All entities soliciting contributions for charitable purposes must comply with the requirements of this section except entities exempted from registration are not required to make the disclosures under subsections (1)(c), (4)(b) or (c), and (5)(b) of this section. The following conditions apply to solicitations as defined by RCW 19.09.020:
(1) Any entity that directly solicits contributions from the public in this state must make the following clear and conspicuous disclosures at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The identity of the charitable organization and the city of the principal place of business of the charitable organization;
(c) The published number and website of the office of the secretary, if requested, for the donor to obtain additional financial and other information on file with the secretary. The disclosure must be made during an oral solicitation of a contribution, and at the same time at which a written request for a contribution is made.
(2) A commercial fund-raiser must meet the required disclosures described in subsection (1) of this section clearly and conspicuously at the point of solicitation and must also disclose the name of the entity for which the fund-raiser is an agent or employee and the name and city of the charitable organization for which the solicitation is being conducted.
(3) Telephone solicitations must include the disclosures required under subsection (1) or (2) of this section prior to asking for a contribution. The required disclosures must also be provided in writing within five business days to anyone who makes a pledge by telephone to donate.
(4) In the case of a solicitation by advertisement or mass distribution, including postal, electronic, posters, leaflets, automatic dialing machines, publications, and audio or video broadcasts, it must be clearly and conspicuously disclosed in the body of the solicitation material that:
(a) The solicitation is conducted by a named commercial fund-raiser, if it is;
(b) The registration required by the charitable solicitation act is on file with the secretary's office; and
(c) The potential donor can obtain additional financial and other information at a published number or website for the office of the secretary.
(5) A container or vending machine displaying a solicitation must display:
(a) In a clear and conspicuous manner the name of the charitable organization for which funds are solicited, the name, business address, and telephone number of the individual or any commercial fund-raiser responsible for collecting funds placed in the containers or vending machines;
(b) The statement: "This organization is currently registered with the secretary's office under the charitable solicitation act - call 1-800-332-4483," if the charitable organization for which funds are solicited is required to register under chapter 19.09 RCW.
(6) No entity may represent that tickets to any fund-raising event will be donated for use by another person unless all the following requirements are met:
(a) The entity prior to conducting a solicitation has written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they will accept;
(b) The written commitments are kept on file by the entity for three years and are made available to the secretary, attorney general, or county prosecutor on demand;
(c) The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and kept on file under (a) of this subsection; and
(d) Not later than seven calendar days prior to the date of the event for which ticket donations are solicited, the entity must give all donated tickets to the persons who made the written commitments to accept them.
(7) Any entity soliciting charitable contributions must not misrepresent orally or in writing:
(a) The tax deductibility of a contribution;
(b) That the person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services;
(c) That the person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by a commercial fund-raiser.
(8) If the charitable organization is associated with, or has a name that is similar to, any unit of government the entity soliciting contributions must disclose to each person solicited whether the charitable organization is or is not part of any unit of government and the true nature of its relationship to the unit of government. This subsection does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.
(9) No entity may, in conducting any solicitation, use the name "police," "sheriff," "firefighters," or a similar name unless properly authorized by the police, sheriff, or firefighter organization or police, sheriff, or fire department it is representing. Authorization must be in writing and signed by two authorized officials of the organization or department. The written authorization must be retained in accordance with RCW 19.09.200.
(10) An entity may not, in conducting any solicitation, use the name of a federally chartered or nationally recognized military veterans' service organization as determined by the United States veterans' administration unless authorized in writing by the highest ranking official of that organization in this state. The written authorization must be retained in accordance with RCW 19.09.200.
(11) Entities must comply with all local governmental regulations that apply to soliciting for or on behalf of charitable organizations.
(12) Any entity required to register under this chapter must not engage in any solicitation for contributions unless it complies with all provisions of this chapter.
(13) Solicitations must not be conducted by a charitable organization or commercial fund-raiser that has, or if a corporation, its officers, directors, or principals have, been convicted of a crime involving solicitations for or on behalf of a charitable organization in this state, the United States, or any other state or foreign country within the past ten years or has been subject to any permanent injunction or administrative order or judgment under RCW 19.86.080 or 19.86.090, involving a violation or violations of RCW 19.86.020, within the past ten years, or of restraining a false or misleading promotional plan involving solicitations for charitable organizations.
(14) Any entity subject to this chapter must not use or exploit the fact of registration under this chapter to lead the public to believe that registration constitutes an endorsement or approval by the state, but the use of the following is not deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration number . . . ."
(15) Any entity soliciting contributions for a charitable purpose must not include in any solicitation, or in any advertising material for a solicitation, or in any promotional plan for a solicitation, any statement that is false, misleading, or deceptive. All solicitations, advertising materials, and promotional plans must fully and fairly disclose the identity of the entity on whose behalf the solicitation is made.
(16) No entity may place a telephone call to a donor or potential donor for the purpose of soliciting contributions for a charitable purpose, before eight o'clock a.m. or after nine o'clock p.m. pacific time.
(17) No entity may, when contacting a donor or potential donor for the purpose of soliciting contributions for a charitable purpose, engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the contact.
(18) Any entity that solicits contributions may not collect or attempt to collect contributions in person or by courier unless:
(a) The contributions are noncash items such as contributions of tangible personal property; or
(b) The solicitations are made in person and the collections, or attempts to collect, are made at the time of the solicitations; or
(c) The contributor has agreed to purchase goods or items in connection with the solicitation and the collection or attempt to collect is made at the time of delivery of the goods or items.
(19) Failure to comply with subsections (1) through (18) of this section is a violation of this chapter.
[ 2011 c 199 s 14. Prior: 2007 c 471 s 8; 2007 c 218 s 64; 1994 c 287 s 2; 1993 c 471 s 9; 1986 c 230 s 11; 1983 c 265 s 9; 1982 c 227 s 7; 1977 ex.s. c 222 s 6; 1974 ex.s. c 106 s 3; 1973 1st ex.s. c 13 s 10.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Effective date—1982 c 227: "Sections 5 and 6 of this act shall take effect June 30, 1983. The remaining sections of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect March 1, 1982." [ 1982 c 227 s 25.]

catchline: Conditions applicable to solicitations.


title: RCW 19.09.191

text:
(1) Every commercial fund-raiser must execute a surety bond if it:
(a) Directly or indirectly receives contributions from the public on behalf of any charitable organization;
(b) Is compensated based upon funds raised or to be raised, number of solicitations made or to be made, or any other similar method;
(c) Incurs or is authorized to incur expenses on behalf of the charitable organization; or
(d) Has not been registered with the secretary as a commercial fund-raiser for the preceding accounting year.
(2) The surety bond must be executed as principal in the amount prescribed by the secretary in rule. The issuer of the surety bond must be licensed to do business in this state, and must promptly notify the secretary when claims or payments are made against the bond or when the bond is canceled. The bond must be filed with the secretary in the form prescribed by the secretary. The bond must run to the state and to any person who may have a cause of action against the obligor of said bond for any malfeasance, misfeasance, or deceptive practice in the conduct of solicitations.
The secretary may also provide by rule for the reduction and reinstatement of the bond required by this section.
[ 2011 c 199 s 11.]

catchline: Commercial fund-raisers—Surety bond.


title: RCW 19.09.200

text:
(1) All entities required to register pursuant to this chapter must maintain accurate, current, and readily available books and records at their usual business locations until at least three years have elapsed following the effective period to which they relate. The books and records must contain, at a minimum, documentation supporting the information contained in the solicitation report and written authorization or authorizations required in RCW 19.09.100.
(2) All contracts between commercial fund-raisers and charitable organizations must be in writing, and true and correct copies of such contracts or records thereof must be kept on file in the various offices of the charitable organization and the commercial fund-raiser for a three-year period. Such records and contracts shall be available for inspection and examination by the secretary of state, attorney general, or by the county prosecuting attorney. A copy of such contract or record must be submitted by the charitable organization or commercial fund-raiser, within ten days, following receipt of a written demand from the secretary of state, attorney general, or county prosecutor.
[ 2011 c 199 s 15; 1993 c 471 s 11; 1986 c 230 s 12; 1982 c 227 s 9; 1973 1st ex.s. c 13 s 20.]
Notes:
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Books, records, and contracts.


title: RCW 19.09.210

text:
Upon the request of the secretary of state, attorney general, or the county prosecutor, any entity subject to this chapter must submit a financial statement and all requested records containing, but not limited to, the following information:
(1) The gross amount of the contributions pledged and the gross amount collected.
(2) The amount thereof, given or to be given to charitable purposes represented together with details as to the manner of distribution as may be required.
(3) The aggregate amount paid and to be paid for the expenses of such solicitation.
(4) The amounts paid to and to be paid to commercial fund-raisers or charitable organizations.
(5) Copies of any annual or periodic reports furnished by the charitable organization or commercial fund-raiser of its activities during or for the same accounting period.
[ 2011 c 199 s 16; 2007 c 471 s 9; 1993 c 471 s 12; 1986 c 230 s 13; 1983 c 265 s 10; 1982 c 227 s 10; 1977 ex.s. c 222 s 10; 1975 1st ex.s. c 219 s 1; 1973 1st ex.s. c 13 s 21.]
Notes:
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Records requests.


title: RCW 19.09.230

text:
No entity subject to this chapter may:
(1) Use an identical or deceptively similar name, symbol, statement, or emblem so closely related or similar that its use would confuse or mislead the public, of any other entity for the purpose of soliciting contributions from persons in this state without the written consent of such other entity. Written consent may be deemed to have been given by anyone who is a director, trustee, or other authorized officer of that entity.
(2) A copy of the written consent must be retained on file by the charitable organization or commercial fund-raiser and made available to the secretary, attorney general, or county prosecutor upon demand. The secretary may revoke or deny an application for registration that violates this section.
(3) An entity may be deemed to have used the name of another entity for the purpose of soliciting contributions if such latter entity's name is listed on any stationery, advertisement, brochure, or correspondence of the entity or if such name is listed or represented to anyone who has contributed to, sponsored, or endorsed the entity, or its activities.
This section does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.
[ 2011 c 199 s 17; 1994 c 287 s 3; 1993 c 471 s 13; 1986 c 230 s 14; 1982 c 227 s 11; 1973 1st ex.s. c 13 s 23.]
Notes:
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Use of the name, symbol, statement, or emblem of another entity—Filing.


title: RCW 19.09.271

text:
(1) If the secretary or attorney general determines that any entity is soliciting in this state, directly or indirectly, by any means, and has not registered with the secretary as required by this chapter, the secretary may notify the charitable organization or commercial fund-raiser of its registration requirements by postal or electronic means.
(2) The secretary may notify the attorney general of any entity liable for late filing fees under subsection (1) of this section.
(3) Any entity who, after notification by the secretary, fails to properly register under this chapter is subject to a late filing fee in an amount to be established by rule by the end of the first business day following the issuance of the notice. The late filing fee is in addition to any other filing fee provided by this chapter.
(4) If the secretary or attorney general determines that any entity is soliciting in this state, directly or indirectly, by any means, and the entity has not registered with the secretary as required by this chapter, the secretary, after five days notice sent by postal or electronic means to the charitable organization or commercial fund-raiser, may publish a press release in newspapers or on the internet, a notice to the public regarding the entity's unregistered status.
[ 2011 c 199 s 18; 1993 c 471 s 8; 1986 c 230 s 17.]

catchline: Failure to register—Late filing fee—Notice to attorney general.


title: RCW 19.09.275

text:
(1) Any entity who knowingly violates any provision of this chapter or who knowingly gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is verified is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) Any entity who violates any provisions of this chapter or who gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
[ 2011 c 199 s 19; 2003 c 53 s 142; 1993 c 471 s 15; 1986 c 230 s 18; 1983 c 265 s 11; 1982 c 227 s 12; 1977 ex.s. c 222 s 14.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Violations—Penalties.


title: RCW 19.09.276

text:
The secretary may waive penalties that have been set by rule and assessed by the secretary due from a registered entity previously in good standing that would otherwise be penalized. An entity desiring to seek relief under this section must, within fifteen days of discovery of the missed filing or lapse by its officers, directors, or other persons responsible for the missed filing or lapse, notify the secretary in writing. The notification must include the name and mailing address of the organization, the organization's officer to whom correspondence should be sent, and a statement under oath by a responsible officer of the organization, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. Upon receipt of the notice, the secretary shall investigate the circumstances of the missed filing or lapse. If the secretary is satisfied that sufficient exigent or mitigating circumstances exist, that the entity has demonstrated good faith and a reasonable attempt to comply with the applicable charitable solicitation statute of this state, the secretary may issue an order allowing relief from the penalty. If the secretary determines the request does not comply with the requirements for relief, the secretary shall deny the relief and state the reasons for the denial. Notwithstanding chapter 34.05 RCW, a denial of relief by the secretary is not reviewable.
[ 2011 c 199 s 20; 1994 c 287 s 4.]

catchline: Waiver of rule-set penalties—Notice by organization seeking relief—Investigation.


title: RCW 19.09.277

text:
If it appears to the attorney general that an entity has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the attorney general may, in the attorney general's discretion, issue an order directing the entity to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. The attorney general may issue a temporary order pending the hearing, which shall remain in effect until ten days after the hearing is held and which shall become final if the entity to whom the notice is addressed does not request a hearing within fifteen days after the receipt of the notice.
[ 2011 c 199 s 21; 1993 c 471 s 20.]

catchline: Violations—Attorney general—Cease and desist order—Temporary order.


title: RCW 19.09.279

text:
(1) The secretary may assess against any entity that violates this chapter, or any rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.
(2) The entity must be afforded the opportunity for a hearing, upon request made to the secretary within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.
(3) If any entity fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the attorney general may recover the amount assessed by action in the appropriate superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
[ 2011 c 199 s 22; 2002 c 74 s 3; 1993 c 471 s 21.]
Notes:
Captions not law—2002 c 74: See note following RCW 19.09.020.

catchline: Violations—Secretary of state—Penalty—Hearing—Recovery in superior court.


title: RCW 19.09.305

text:
When an entity registered under this chapter, or its president, treasurer, or comparable officers, cannot be found after reasonably diligent effort, the secretary of state must be an agent of such entity upon whom process may be served. Service on the secretary must be made by delivering to the secretary or the secretary's designee duplicate copies of such process, and a filing fee to be established by rule of the secretary. Thereupon, the secretary must immediately cause one of the copies to be forwarded to the registrant at the most current address shown in the secretary's files. Any service on the secretary must be returnable in not less than thirty days.
Any fee under this section may be taxable as costs in the action.
The secretary must maintain a record of all process served on the secretary under this section, and must record the date of service and the secretary's action.
Nothing in this section limits or affects the right to serve process required or permitted to be served on a registrant in any other manner now or hereafter permitted by law.
[ 2011 c 199 s 23; 1993 c 471 s 16; 1983 c 265 s 7.]

catchline: Service on secretary when registrant not found—Procedure—Fee—Costs.


title: RCW 19.09.315

text:
(1) The secretary may establish, by rule, standard forms and procedures for the efficient administration of this chapter.
(2) The secretary may provide by rule for the filing of a financial statement by registered entities.
(3) The secretary may issue such publications, reports, or information from the records as may be useful to the solicited public and charitable organizations. To defray the costs of any such publication, the secretary is authorized to charge a reasonable fee to cover the costs of preparing, printing, and distributing such publications, in accordance with RCW 43.07.130.
[ 2011 c 199 s 24; 1993 c 471 s 17; 1983 c 265 s 17.]

catchline: Forms and procedures—Filing of financial statement—Publications—Fee.


title: RCW 19.09.340

text:
(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) The secretary may refer such evidence, as may be available, concerning violations of this chapter to the attorney general or the prosecuting attorney of the county wherein the alleged violation arose. In addition to any other action they might commence, the attorney general or the county prosecuting attorney may bring an action in the name of the state, with or without such reference, against any entity to restrain and prevent the doing of any act or practice prohibited by this chapter: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, as now or hereafter amended, and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all entities subject to this chapter.
[ 2011 c 199 s 25; 1983 c 265 s 12; 1982 c 227 s 13; 1973 1st ex.s. c 13 s 34.]
Notes:
Effective date—1982 c 227: See note following RCW 19.09.100.

catchline: Violations deemed unfair practice under chapter 19.86 RCW—Application of chapter 9.04 RCW—Procedure.


title: RCW 19.09.355

text:
Except as otherwise provided in this chapter, all fees and other moneys received by the secretary of state under this chapter must be transmitted to the state treasurer for deposit in the state general fund.
[ 2011 c 199 s 26; 2010 1st sp.s. c 29 s 15; 1983 c 265 s 18.]
Notes:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.

catchline: Moneys to be transmitted to general fund.


title: RCW 19.09.400

text:
The attorney general, in the attorney general's discretion, may:
(1) Annually, or more frequently, make such public or private investigations within or without this state as the attorney general deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or whether any entity has violated or is about to violate a provision of this chapter or any rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; and
(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter.
[ 2011 c 199 s 27; 1993 c 471 s 18.]

catchline: Attorney general—Investigations—Publication of information.


title: RCW 19.09.410

text:
For the purpose of any investigation or proceeding under this chapter, the attorney general or any officer designated by the attorney general may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the attorney general deems relevant or material to the inquiry.
In case of willful failure on the part of a person to comply with a subpoena lawfully issued by the attorney general or on the refusal of a witness to testify to matters regarding which the witness may be lawfully interrogated, the superior court of a county, on application of the attorney general and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of a subpoena issued from the court or a refusal to testify therein.
[ 1993 c 471 s 19.]

catchline: Attorney general—Investigations—Powers—Superior court may compel.


title: RCW 19.09.420

text:
The secretary shall provide the attorney general with copies of or direct electronic access to all registrations, reports, or other information filed under this chapter.
[ 1993 c 471 s 23.]

catchline: Copies of information for attorney general.


title: RCW 19.09.430

text:
The administrative procedure act, chapter 34.05 RCW, wherever applicable governs the rights, remedies, and procedures respecting the administration of this chapter.
[ 2011 c 199 s 28; 1993 c 471 s 22.]

catchline: Administrative procedure act to govern administration.


title: RCW 19.09.440

text:
(1) Annually, the secretary of state shall publish a report indicating:
(a) For each charitable organization registered under RCW 19.09.075 the percentage relationship between (i) the total amount of money applied to charitable purposes; and (ii) the dollar value of total expenditures, including the total amount of money applied to charitable purposes, fund-raising costs, and administrative expenses;
(b) For each commercial fund-raiser registered under RCW 19.09.079 the percentage relationship between (i) the amount of money disbursed to charitable organizations for charitable purposes; and (ii) the total value of contributions received on behalf of charitable organizations by the commercial fund-raiser; and
(c) Such other information as the secretary of state deems appropriate.
(2) The secretary of state may use the latest information obtained pursuant to RCW 19.09.075, 19.09.079, or otherwise under chapter 19.09 RCW to prepare the report.
[ 2007 c 471 s 10; 1993 c 471 s 42.]

catchline: Annual report by secretary of state.