RCW 42.56.270
Financial, commercial, and proprietary
information. (Expires June 30, 2008.)
The following financial,
commercial, and proprietary information is exempt from disclosure
under this chapter:
(1) Valuable formulae, designs, drawings, computer source
code or object code, and research data obtained by any agency
within five years of the request for disclosure when disclosure
would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (a) a ferry system construction or
repair contract as required by RCW 47.60.680 through 47.60.750 or
(b) highway construction or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records
supplied by private persons pertaining to export services
provided under chapters 43.163 and 53.31 RCW, and by persons
pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters *15.110, 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided by any
local agency;
(5) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating
or examining a business and industrial development corporation
organized or seeking certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the
state investment board by any person when the information relates
to the investment of public trust or retirement funds and when
disclosure would result in loss to such funds or in private loss
to the providers of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by the
clean Washington center in applications for, or delivery of,
program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by the
public stadium authority from any person or organization that
leases or uses the stadium and exhibition center as defined in
RCW 36.102.010;
(10)(a) Financial information, including but not limited to
account numbers and values, and other identification numbers
supplied by or on behalf of a person, firm, corporation, limited
liability company, partnership, or other entity related to an
application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), liquor license, gambling license, or lottery
retail license;
(b) Independent auditors' reports and financial statements
of house-banked social card game licensees required by the
gambling commission pursuant to rules adopted under chapter 9.46 RCW;
(c) Financial or proprietary information supplied to the
liquor control board including the amount of beer or wine sold by
a domestic winery, brewery, microbrewery, or certificate of
approval holder under RCW 66.24.206(1) or 66.24.270(2)(a) and
including the amount of beer or wine purchased by a retail
licensee in connection with a retail licensee's obligation under
RCW 66.24.210 or 66.24.290, for receipt of shipments of beer or
wine;
(11) Proprietary data, trade secrets, or other information
that relates to: (a) A vendor's unique methods of conducting
business; (b) data unique to the product or services of the
vendor; or (c) determining prices or rates to be charged for
services, submitted by any vendor to the department of social and
health services for purposes of the development, acquisition, or
implementation of state purchased health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the
department of community, trade, and economic development:
(i) Financial and proprietary information collected from any
person and provided to the department of community, trade, and
economic development pursuant to RCW 43.330.050(8) and
**43.330.080(4); and
(ii) Financial or proprietary information collected from any
person and provided to the department of community, trade, and
economic development or the office of the governor in connection
with the siting, recruitment, expansion, retention, or relocation
of that person's business and until a siting decision is made,
identifying information of any person supplying information under
this subsection and the locations being considered for siting,
relocation, or expansion of a business;
(b) When developed by the department of community, trade,
and economic development based on information as described in
(a)(i) of this subsection, any work product is not exempt from
disclosure;
(c) For the purposes of this subsection, "siting decision"
means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty
days to the department of community, trade, and economic
development from a person connected with siting, recruitment,
expansion, retention, or relocation of that person's business,
information described in (a)(ii) of this subsection will be
available to the public under this chapter;
(13) Financial and proprietary information submitted to or
obtained by the department of ecology or the authority created
under chapter 70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by the
life sciences discovery fund authority in applications for, or
delivery of, grants under chapter 43.350 RCW, to the extent that
such information, if revealed, would reasonably be expected to
result in private loss to the providers of this information;
(15) Financial and commercial information provided as
evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in
aggregate form that does not permit the identification of
information related to individual fuel licensees;
(16) Any production records, mineral assessments, and trade
secrets submitted by a permit holder, mine operator, or landowner
to the department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts,
unless permission to release the farm plan is granted by the
landowner or operator who requested the plan, or the farm plan is
used for the application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not
under the federal clean water act, 33 U.S.C. Sec. 1251 are
subject to RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by a
health sciences and services authority in applications for, or
delivery of, grants under RCW 35.104.010 through 35.104.060, to
the extent that such information, if revealed, would reasonably
be expected to result in private loss to providers of this
information; and
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business.
[2007 c 470 § 1; 2007 c 251 § 12; 2007 c 197 § 3. Prior: 2006 c 369 § 2; 2006 c 341 § 6; 2006 c 338 § 5; 2006 c 302 § 12; 2006 c 209 § 7; 2006 c 183 § 37; 2006 c 171 § 8; 2005 c 274 § 407.]
NOTES:
Reviser's note: *(1) Chapter 15.110 RCW was recodified as
chapter 43.325 RCW pursuant to 2007 c 348 § 502.
**(2) RCW 43.330.080 was amended by 2007 c 249 § 2,
deleting subsection (4).
(3) This section was amended by 2007 c 197 § 3, 2007 c 251 §
12, and by 2007 c 470 § 1, each without reference to the other.
All amendments are incorporated in the publication of this
section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date -- 2007 c 470 § 1: "Section 1 of this act expires June 30, 2008." [2007 c 470 § 3.]
Expiration date -- 2007 c 251 § 12: "Section 12 of this act expires June 30, 2008." [2007 c 251 § 17.]
Captions not law -- Severability -- 2007 c 251: See notes following RCW 35.104.010.
Expiration date -- 2007 c 197 § 3: "Section 3 of this act expires June 30, 2008." [2007 c 197 § 10.]
Effective date -- 2006 c 369 § 2: "Section 2 of this act takes effect July 1, 2006." [2006 c 369 § 3.]
Effective date -- 2006 c 341 § 6: "Section 6 of this act takes effect July 1, 2006." [2006 c 341 § 7.]
Findings -- Intent -- 2006 c 338: See note following RCW 19.112.110.
Effective date -- Severability -- 2006 c 338: See RCW 19.112.903 and 19.112.904.
Effective date -- 2006 c 302 §§ 10 and 12: See note following RCW 66.28.180.
Construction -- Severability -- Effective date -- 2006 c 183: See RCW 70.95N.900 through 70.95N.902.
Effective date -- 2006 c 171 §§ 8 and 10: "Sections 8 and 10 of this act take effect July 1, 2006." [2006 c 171 § 13.]
Findings -- Severability -- 2006 c 171: See RCW 43.325.001 and 43.325.901.
RCW 42.56.270
Financial, commercial, and proprietary
information. (Effective June 30, 2008.)
The following
financial, commercial, and proprietary information is exempt from
disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source
code or object code, and research data obtained by any agency
within five years of the request for disclosure when disclosure
would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (a) a ferry system construction or
repair contract as required by RCW 47.60.680 through 47.60.750 or
(b) highway construction or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records
supplied by private persons pertaining to export services
provided under chapters 43.163 and 53.31 RCW, and by persons
pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters *15.110, 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided by any
local agency;
(5) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating
or examining a business and industrial development corporation
organized or seeking certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the
state investment board by any person when the information relates
to the investment of public trust or retirement funds and when
disclosure would result in loss to such funds or in private loss
to the providers of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by the
clean Washington center in applications for, or delivery of,
program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by the
public stadium authority from any person or organization that
leases or uses the stadium and exhibition center as defined in
RCW 36.102.010;
(10)(a) Financial information, including but not limited to
account numbers and values, and other identification numbers
supplied by or on behalf of a person, firm, corporation, limited
liability company, partnership, or other entity related to an
application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), liquor license, gambling license, or lottery
retail license;
(b) Independent auditors' reports and financial statements
of house-banked social card game licensees required by the
gambling commission pursuant to rules adopted under chapter 9.46 RCW;
(11) Proprietary data, trade secrets, or other information
that relates to: (a) A vendor's unique methods of conducting
business; (b) data unique to the product or services of the
vendor; or (c) determining prices or rates to be charged for
services, submitted by any vendor to the department of social and
health services for purposes of the development, acquisition, or
implementation of state purchased health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the
department of community, trade, and economic development:
(i) Financial and proprietary information collected from any
person and provided to the department of community, trade, and
economic development pursuant to RCW 43.330.050(8) and
**43.330.080(4); and
(ii) Financial or proprietary information collected from any
person and provided to the department of community, trade, and
economic development or the office of the governor in connection
with the siting, recruitment, expansion, retention, or relocation
of that person's business and until a siting decision is made,
identifying information of any person supplying information under
this subsection and the locations being considered for siting,
relocation, or expansion of a business;
(b) When developed by the department of community, trade,
and economic development based on information as described in
(a)(i) of this subsection, any work product is not exempt from
disclosure;
(c) For the purposes of this subsection, "siting decision"
means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty
days to the department of community, trade, and economic
development from a person connected with siting, recruitment,
expansion, retention, or relocation of that person's business,
information described in (a)(ii) of this subsection will be
available to the public under this chapter;
(13) Financial and proprietary information submitted to or
obtained by the department of ecology or the authority created
under chapter 70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by the
life sciences discovery fund authority in applications for, or
delivery of, grants under chapter 43.350 RCW, to the extent that
such information, if revealed, would reasonably be expected to
result in private loss to the providers of this information;
(15) Financial and commercial information provided as
evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in
aggregate form that does not permit the identification of
information related to individual fuel licensees;
(16) Any production records, mineral assessments, and trade
secrets submitted by a permit holder, mine operator, or landowner
to the department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts,
unless permission to release the farm plan is granted by the
landowner or operator who requested the plan, or the farm plan is
used for the application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not
under the federal clean water act, 33 U.S.C. Sec. 1251 et seq.,
are subject to RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and
research information and data submitted to or obtained by a
health sciences and services authority in applications for, or
delivery of, grants under RCW 35.104.010 through 35.104.060, to
the extent that such information, if revealed, would reasonably
be expected to result in private loss to providers of this
information; and
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business.
[2007 c 470 § 2; 2007 c 251 § 13; 2007 c 197 § 4. Prior: 2006 c 369 § 2; 2006 c 341 § 6; 2006 c 338 § 5; 2006 c 209 § 7; 2006 c 183 § 37; 2006 c 171 § 8; 2005 c 274 § 407.]
NOTES:
Reviser's note: *(1) Chapter 15.110 RCW was recodified as
chapter 43.325 RCW pursuant to 2007 c 348 § 502.
**(2) RCW 43.330.080 was amended by 2007 c 249 § 2,
deleting subsection (4).
(3) This section was amended by 2007 c 197 § 4, 2007 c 251 §
13, and by 2007 c 470 § 2, each without reference to the other.
All amendments are incorporated in the publication of this
section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date -- 2007 c 470 § 2: "Section 2 of this act takes effect June 30, 2008." [2007 c 470 § 4.]
Effective date -- 2007 c 251 § 13: "Section 13 of this act takes effect June 30, 2008." [2007 c 251 § 18.]
Captions not law -- Severability -- 2007 c 251: See notes following RCW 35.104.010.
Effective date -- 2007 c 197 § 4: "Section 4 of this act takes effect June 30, 2008." [2007 c 197 § 11.]
Effective date -- 2006 c 369 § 2: "Section 2 of this act takes effect July 1, 2006." [2006 c 369 § 3.]
Effective date -- 2006 c 341 § 6: "Section 6 of this act takes effect July 1, 2006." [2006 c 341 § 7.]
Findings -- Intent -- 2006 c 338: See note following RCW 19.112.110.
Effective date -- Severability -- 2006 c 338: See RCW 19.112.903 and 19.112.904.
Construction -- Severability -- Effective date -- 2006 c 183: See RCW 70.95N.900 through 70.95N.902.
Effective date -- 2006 c 171 §§ 8 and 10: "Sections 8 and 10 of this act take effect July 1, 2006." [2006 c 171 § 13.]
Findings -- Severability -- 2006 c 171: See RCW 43.325.001 and 43.325.901.