HB 2244

H-3072.1
  SUBSTITUTE HOUSE BILL 2244
State of Washington  69th Legislature       2026 Regular Session
By House State Government & Tribal Relations (originally sponsored by
Representatives Mena, Reed, Fitzgibbon, Scott, Duerr, Doglio,
Gregerson, and Reeves)
READ FIRST TIME 01/22/26.
1      AN ACT Relating to adopting the recommendations of the public
2  records exemptions accountability committee in its 2025 annual
3  report; amending RCW 43.190.110, 10.27.160, 27.53.070, 46.52.065,
4  46.52.080, 72.05.130, 21.20.480, and 43.41.100; and repealing RCW
5  18.46.090, 24.06.480, and 26.12.080.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7     Sec. 1.   RCW 43.190.110 and 2013 c 23 s 97 are each amended to
8 read as follows:
9     ((All records and files of long-term care ombuds relating to any
10 complaint or investigation made pursuant to carrying out their duties
11 and the identities of complainants, witnesses, patients, or residents
12 shall remain confidential unless disclosure is authorized by the
13 patient or resident or his or her guardian or legal representative.
14 No disclosures may be made outside the office without the consent of
15 any named witnesses, resident, patient, client, or complainant unless
16 the disclosure is made without the identity of any of these
17 individuals being disclosed)) The office of the state long-term care
18 ombuds shall establish procedures for disclosure pursuant to 42
19 U.S.C. 3058g(d). Such procedures shall provide for exercising
20 discretion in favor of disclosure to the maximum extent consistent
21 with federal law and the policies of chapter 42.56 RCW.
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1     Sec. 2. RCW 10.27.160 and 1971 ex.s. c 67 s 16 are each amended
2 to read as follows:
3     The grand jury may prepare its conclusions, recommendations and
4 suggestions in the form of a grand jury report. Such report shall be
5 released to the public only upon a determination by a majority of the
6 judges of the superior court of the county court that (1) the
7 findings in the report deal with matters of broad public policy
8 affecting the public interest ((and do not identify or criticize any
9 individual)); (2) the release of the report would be consistent with
10 the public interest and further the ends of justice; and (3) release
11 of the report would not prejudice any pending criminal investigation
12 or trial.
13     Sec. 3.   RCW 27.53.070 and 2011 c 219 s 2 are each amended to
14 read as follows:
15     (1) It is the declared intention of the legislature that field
16 investigations on privately owned lands should be conducted by
17 professional archaeologists in accordance with both the provisions
18 and spirit of this chapter. Persons having knowledge of the location
19 of archaeological sites or resources are encouraged to communicate
20 such information to the department. Such information shall ((not
21 constitute a public record which requires)) be exempt from disclosure
22 pursuant to the exception authorized in ((chapter 42.56 RCW to avoid
23 site depredation)) RCW 42.56.300.
24     (2) Nothing in this chapter shall be interpreted to allow
25 trespassing on private property.
26     Sec. 4. RCW 46.52.065 and 1977 ex.s. c 50 s 1 are each amended
27 to read as follows:
28     Every coroner or other official performing like functions shall
29 submit to the state toxicologist a blood sample taken from all
30 drivers and all pedestrians who are killed in any traffic accident
31 where the death occurred within four hours after the accident. Blood
32 samples shall be taken and submitted in the manner prescribed by the
33 state toxicologist. The state toxicologist shall analyze these blood
34 samples to determine the concentration of alcohol and, where
35 feasible, the presence of drugs or other toxic substances. The
36 reports and records of the state toxicologist relating to analyses
37 made pursuant to this section shall be ((confidential: PROVIDED, That
38 the results of these analyses shall be)) reported to the state patrol
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1  and made available to the prosecuting attorney or law enforcement
2  agency having jurisdiction((: PROVIDED FURTHER, That the)). The
3  results of these analyses may be admitted in evidence in any civil or
4  criminal action where relevant and shall be made available to the
5  parties to any such litigation ((on application to the court)).
6     Sec. 5. RCW 46.52.080 and 1979 c 158 s 162 are each amended to
7 read as follows:
8     (1) All required accident reports and supplemental reports and
9 copies thereof shall be without prejudice to the individual so
10 reporting and shall be for the confidential use of the county
11 prosecuting attorney and chief of police or county sheriff, as the
12 case may be, and the director of licensing and the chief of the
13 Washington state patrol, and other officer or commission as
14 authorized by law, except that ((any)):
15     (a) Any such officer shall disclose the names and addresses of
16 persons reported as involved in an accident or as witnesses thereto,
17 the vehicle license plate numbers and descriptions of vehicles
18 involved, and the date, time and location of an accident, to any
19 person who may have a proper interest therein, including the driver
20 or drivers involved, or the legal guardian thereof, the parent of a
21 minor driver, any person injured therein, the owner of vehicles or
22 property damaged thereby, or any authorized representative of such an
23 interested party, or the attorney or insurer thereof; and
24     (b) Accident reports and supplemental reports may be disclosed
25 pursuant to chapter 42.56 RCW upon redaction of all information
26 identifying the persons involved in the accidents, including names,
27 addresses, phone numbers, email addresses, license plate numbers,
28 driver's license numbers, vehicle identification numbers, social
29 security numbers, and photos of such persons.
30     (2) No ((such)) accident report described under subsection (1) of
31 this section or copy thereof shall be used as evidence in any trial,
32 civil or criminal, arising out of an accident, except that any
33 officer above named for receiving accident reports shall furnish,
34 upon demand of any person who has, or who claims to have, made such a
35 report, or, upon demand of any court, a certificate showing that a
36 specified accident report has or has not been made to the chief of
37 the Washington state patrol solely to prove a compliance or a failure
38 to comply with the requirement that such a report be made in the
39 manner required by law: PROVIDED, That the reports may be used as
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1 evidence when necessary to prosecute charges filed in connection with
2 a violation of RCW 46.52.088.
3     Sec. 6.   RCW 72.05.130 and 2020 c 274 s 55 are each amended to
4 read as follows:
5     The department of social and health services and the department
6 of children, youth, and families shall establish, maintain, operate
7 and administer a comprehensive program for the custody, care,
8 education,    treatment,   instruction,   guidance,   control,   and
9 rehabilitation of all persons who may be committed or admitted to
10 institutions, schools, or other facilities, placed under the control
11 of each, except for the programs of education provided pursuant to
12 RCW 28A.190.030 through 28A.190.050 which shall be established,
13 operated, and administered by the school district conducting the
14 program, and in order to accomplish these purposes, the powers and
15 duties of the secretary of the department of social and health
16 services and the secretary of the department of children, youth, and
17 families for the institutions placed under the respective department
18 shall include the following:
19     (1) The assembling, analyzing, tabulating, and reproduction in
20 report form, of statistics and other data with respect to children
21 with behavior problems in the state of Washington, including, but not
22 limited to, the extent, kind, and causes of such behavior problems in
23 the different areas and population centers of the state. ((Such
24 reports shall not be open to public inspection, but shall be open to
25 the inspection of the governor and to the superior court judges of
26 the state of Washington.))
27     (2) The establishment and supervision of diagnostic facilities
28 and services in connection with the custody, care, and treatment of
29 persons with disabilities, and behavior problem children who may be
30 committed or admitted to any of the institutions, schools, or
31 facilities controlled and operated by the department, or who may be
32 referred for such diagnosis and treatment by any superior court of
33 this state. Such diagnostic services may be established in connection
34 with, or apart from, any other state institution under the
35 supervision and direction of the secretary of the department of
36 social and health services or the secretary of the department of
37 children, youth, and families. Such diagnostic services shall be
38 available to the superior courts of the state for persons referred
39 for such services by them prior to commitment, or admission to, any
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1 school, institution, or other facility. Such diagnostic services
2 shall also be available to other departments of the state. When the
3 secretary of the department of social and health services or the
4 secretary of the department of children, youth, and families
5 determines it necessary, the secretary of the department of social
6 and health services or the secretary of the department of children,
7 youth, and families may create waiting lists and set priorities for
8 use of diagnostic services for juvenile offenders on the basis of
9 those most severely in need.
10     (3) The supervision of all persons committed or admitted to any
11 institution, school, or other facility operated by the department of
12 social and health services or the department of children, youth, and
13 families, and the transfer of such persons from any such institution,
14 school, or facility to any other such school, institution, or
15 facility: PROVIDED, That where a person has been committed to a
16 minimum security institution, school, or facility by any of the
17 superior courts of this state, a transfer to a close security
18 institution shall be made only with the consent and approval of such
19 court.
20     (4) The supervision of parole, discharge, or other release, and
21 the post-institutional placement of all persons committed to Green
22 Hill school, or such as may be assigned, paroled, or transferred
23 therefrom to other facilities operated by the department. Green Hill
24 school is hereby designated as a "close security" institution to
25 which shall be given the custody of children with the most serious
26 behavior problems.
27     Sec. 7. RCW 21.20.480 and 1979 ex.s. c 68 s 35 are each amended
28 to read as follows:
29     It is unlawful for the director or any of the director's officers
30 or employees to use for personal benefit any information which is
31 filed with or obtained by the director and which is not made public.
32 ((The director or any of the director's officers or employees shall
33 not disclose any such information or the fact that any investigation
34 is being made except among themselves or when necessary or
35 appropriate in a proceeding or investigation under this chapter.)) No
36 provision of this chapter either creates or derogates from any
37 privilege which exists at common law or otherwise when documentary or
38 other evidence is sought under a subpoena directed to the director or
39 any of the director's officers or employees.
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1     Sec. 8. RCW 43.41.100 and 2009 c 549 s 5119 are each amended to
2 read as follows:
3     The director of financial management shall:
4     (1) Supervise and administer the activities of the office of
5 financial management.
6     (2) Exercise all the powers and perform all the duties prescribed
7 by law with respect to the administration of the state budget and
8 accounting system.
9     (3) Advise the governor and the legislature with respect to
10 matters affecting program management and planning.
11     (4) Make efficiency surveys of all state departments and
12 institutions, and the administrative and business methods pursued
13 therein, examine into the physical needs and industrial activities
14 thereof,   and   make  ((confidential))  reports   to  the  governor,
15 recommending necessary betterments, repairs, and the installation of
16 improved and more economical administrative methods, and advising
17 such action as will result in a greater measure of self-support and
18 remedies for inefficient functioning.
19     The director may enter into contracts on behalf of the state to
20 carry out the purposes of this chapter; he or she may act for the
21 state in the initiation of or participation in any multi-governmental
22 agency program relative to the purposes of this chapter; and he or
23 she may accept gifts and grants, whether such grants be of federal or
24 other funds.
25     NEW SECTION.   Sec. 9.   The following acts or parts of acts are
26 each repealed:
27     (1) RCW 18.46.090 (Information confidential) and 2000 c 93 s 36 &
28 1951 c 168 s 10;
29     (2) RCW 24.06.480 (Confidential nature of information disclosed
30 by interrogatories) and 1982 c 35 s 158 & 1969 ex.s. c 120 s 96; and
31     (3) RCW 26.12.080 (Protection of privacy of parties) and 1989 c
32 375 s 22 & 1949 c 50 s 8.
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