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Senate Bill 5754 — Creation of the Washington State Public Bank, State of Washington (2025 Regular Session)

Summary

Senate Bill 5754, version S-1311.2, of the State of Washington 69th Legislature, 2025 Regular Session, by Senators Hasegawa, Trudeau, Conway, among others, read first time February 14, 2025 and referred to the Committee on Business, Financial Services & Trade. The act relates to the creation of the Washington state public bank, amending RCW 39.59.040, 42.56.270, 42.56.400, 43.10.067, and 43.84.080 and adding a new chapter to Title 43 RCW. Section 1, findings and intent, states that the legislature finds that Washington state needs to drastically increase public financing capacity without raising taxes on working families, and refers to the Bank of North Dakota as a public financing model. The bill ends with a provision that sections 1 through 6 constitute a new chapter in Title 43 RCW.

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Full text

     S-1311.2

                               SENATE BILL 5754


     State of Washington       69th Legislature        2025 Regular Session

     By Senators Hasegawa, Trudeau, Conway, Dhingra, Lovelett, Saldaña,
     Stanford, and C. Wilson

     Read first time 02/14/25.      Referred   to   Committee   on   Business,
     Financial Services & Trade.




1        AN ACT Relating to the creation of the Washington state public
2    bank; amending RCW 39.59.040, 42.56.270, 42.56.400, 43.10.067, and
3    43.84.080; adding a new section to chapter 43.08 RCW; adding a new
4    chapter to Title 43 RCW; and creating a new section.


 5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 6       NEW SECTION. Sec. 1. FINDINGS AND INTENT. The legislature finds
 7   that Washington state needs to drastically increase our public
 8   financing capacity without raising taxes on working families or
 9   financial debt obligations of the state.
10       The legislature finds that the infrastructure needs of our state
11   far outstrip our ability to finance them under our current public
12   financing model, which relies heavily on bonding. This reliance on
13   bonding diverts much needed and hard-earned tax revenues of our
14   taxpayers from critical programs that benefit them and the state.
15       The legislature finds that public financing for public benefit is
16   a much better strategy than private financing for public benefit and
17   that most of the developed world uses public banks to finance public
18   initiatives. Publicly owned banking is a much more efficient model
19   for public financing and is proven and used around the world. The
20   United States is more an anomaly than the norm in depending on
21   private banking and investments to finance public initiatives.
                                     p. 1                              SB 5754
 1       The legislature further finds that there exists one public
 2   financing model in the United States, which is the Bank of North
 3   Dakota. The Bank of North Dakota is the only public depository
 4   banking model in the United States that is owned by the people of the
 5   state and has existed for over 100 years, overcoming tremendous
 6   opposition efforts by the banking industry and financiers to squash
 7   it. It regularly reports record annual profits for the people of the
 8   state of North Dakota, who are very proud of their public institution
 9   because it benefits their economy and supports economic development,
10   supports local community banks, provides access to capital for small
11   businesses and farmers, aids the state in times of disasters, can
12   lower borrowing costs, streamlines government, creates profits for
13   the people, and is generally recognized as a tremendous asset for the
14   state.
15       The legislature finds that our state has many revolving loan
16   accounts that do good work, but they are limited in the sense that
17   they can only lend as much money as is in the account and can only
18   lend more money after the accounts have been repaid. Examples of
19   these accounts are the public works assistance account, accounts for
20   the community economic revitalization board, the transportation
21   infrastructure bank (which is not a depository bank), and more. These
22   accounts would be able to lend well beyond their current appropriated
23   capacity when powered by a publicly owned depository bank where the
24   deposits allow leveraging of the bank's core capital capacity.
25       The legislature finds that, based on a 2023 report, Moody's
26   calculates that Washington state has the fifth highest level of debt
27   service as a percentage of general fund revenues amongst all states.
28       Senate Bill No. 5194 (2025), this year's capital budget bond
29   bill, proposes issuing $5 billion of bonds this biennium to finance
30   our capital budget. To do a general calculation of the total cost of
31   $5 billion in bonds over 20 years, the bond's face value, $5 billion,
32   would need to be multiplied by the total interest accrued over the
33   term of the bonds, 20 years, which depends on the interest rate of
34   the bond. The 20-year treasury bond issued on January 31, 2025, had a
35   rate of 4.625 percent.
36       The legislature finds that bond costs including fees can double
37   the costs of financing or more, depending on the interest rates at
38   the time of issuance. For example, if a $5 billion bond had a five
39   percent annual interest rate maturing in 20 years, the total cost of
40   the $5 billion bond to the state's general fund would be $10 billion.
                                     p. 2                          SB 5754
 1   The interest per year would be $5 billion multiplied by five percent,
 2   which equals $250 million. The total cost would be $5 billion, the
 3   bond principal, plus $5 billion, the total interest, which equals $10
 4   billion. Similarly, the total cost of the same $5 billion bonds over
 5   30 years is: $5 billion, the principal, plus $7.5 billion, the
 6   interest, equals $12.5 billion.
 7       The legislature finds that creating a state-owned depository bank
 8   and, for example, keeping $500 million in reserves in the publicly
 9   owned bank would safely leverage out to provide the same $5 billion
10   in financing capacity necessary to fund the capital budget without
11   the need for a Senate Bill No. 5194-type bond bill. A state-owned
12   depository bank would help meet our infrastructure financing needs
13   without raising taxes or increasing debt obligation of the state's
14   general fund, allowing the general fund to be fully used for the
15   benefit of the people rather than providing profits for Wall Street
16   investors.
17       The legislature finds that fractional reserve banking is standard
18   banking practice in the United States and around the world. It is a
19   banking system where banks keep a portion of deposits on reserve and
20   lend the rest. This system allows banks to create loans and expand
21   the economy. While the United States has no specific reserve
22   requirement, a 10 percent reserve is standard banking practice and
23   considered safe under standard banking regulations and practices and
24   given other forms of access to liquidity. In other words, $1 billion
25   held in reserves in a publicly owned depository bank and leveraged
26   with our tax revenue as deposits would provide $10 billion in loan
27   capacity and would generate profits for the people of the state
28   through interest rate of return on the $10 billion as loans. This
29   would amount to a tenfold increase in the infrastructure financing
30   capacity of the original $1 billion, stimulate our economy, and
31   create jobs, while simultaneously lowering borrowing costs and still
32   making a profit for the people of the state.
33       For example, if a revolving loan account of $1 billion lends all
34   $1 billion at five percent interest, the account makes $50 million in
35   interest. However, that same $1 billion held in any commercial
36   depository bank charging five percent interest can leverage those
37   same funds up to 10 times and makes profits for shareholders of $500
38   million. A publicly owned depository bank can charge whatever lower
39   interest rate it chooses, for example two percent, or it can charge
40   zero percent for some smaller loans financing the most emergent needs
                                     p. 3                          SB 5754
 1   and supported by the legislature, and still make money for the
 2   people. $1 billion multiplied by two percent and 10, the leverage,
 3   equals a $200 million profit for the people, and the low interest
 4   loans it makes to the state and local governments go back into
 5   Washington's local economies, fund needed programs in our state, and
 6   create jobs rather than profits for large banks, bond brokers, and
 7   investment firms.
 8       The legislature finds that the state and political subdivisions
 9   already hold billions of dollars in reserves and accounts, which can
10   be held in the publicly owned depository bank and can be used either
11   as equity capital or general deposits in a depository account.
12       The legislature finds that, through a state publicly owned bank,
13   the state could borrow from itself at rates the state decides, and
14   repay the state, thereby growing the state's capacity to finance more
15   infrastructure while also making profits for the people of the state,
16   not for Wall Street investors. A state-owned bank would allow the
17   state to keep tax revenues in the state and working for the state
18   instead of exporting tax revenues as an engine for profits to Wall
19   Street investors.
20       The legislature finds that banks use deposits to leverage the
21   capital that owners have used to create the bank, known as equity
22   capital. A fundamental standard banking practice is that banks can
23   use their deposits to leverage the lending capacity of their equity
24   capital up to tenfold, which is accepted throughout the banking
25   industry as safe and standard banking practice.
26       The legislature finds that by creating a bank, which is owned by
27   the people of the state of Washington, and using it as the depository
28   for taxes paid by the people of the state instead of using Wall
29   Street banks, the state of Washington could recapture the power of
30   our tax dollars for the benefit of the state and drastically increase
31   our public financing capacity by an order of magnitude and at lower
32   costs without raising taxes or increasing state debt.
33       The legislature intends to create a depository bank, owned and
34   operated for the beneficial interests of the people of the state of
35   Washington. The state shall, and political subdivisions may, use this
36   publicly owned bank as the primary depository institution for tax
37   revenue   and  other   funds  currently   held   at   large financial
38   institutions. The state and political subdivisions are not prohibited
39   from holding some deposits in local community banks, credit unions,


                                     p. 4                          SB 5754
 1   or other financial institutions when it serves the best interests of
 2   the people.
 3       The legislature intends for the state treasurer to transfer as
 4   much of the state's general fund and concentration account into the
 5   publicly owned depository bank as is deemed necessary and prudent by
 6   the board to facilitate the growth of the bank with the goal of
 7   eventually transferring all state moneys currently held in deposit at
 8   large Wall Street banks.
 9       The legislature further intends for this public depository bank
10   to follow best banking and prudent management practices with
11   appropriate levels of transparency, accountability, integrity, and
12   oversight   by   the   appropriate   financial  industry   regulatory
13   institutions. The legislature further intends for the board to ensure
14   the long-term financial success of the bank as a foundational
15   facility for future generations of Washingtonians to address the
16   needs of their time, which are impossible to predict now other than
17   to recognize the state will need resources to achieve the state's
18   goals, which this bank will provide.
19       The legislature further intends for this public depository bank
20   to provide adequate financing capacity and access to capital for
21   local governments in the state to finance infrastructure, support
22   educational, housing, transportation, health care, and economic
23   development, and other unmet infrastructure and banking and lending
24   needs of local governments, the state, and the people, and, to the
25   greatest extent possible, reduce costs of borrowed money to taxpayers
26   and residents of the state. The legislature further intends for the
27   best interests of the people to be the paramount duty of the publicly
28   owned depository bank.

29       NEW SECTION.   Sec. 2.   This act may be known and cited as the
30   public banking for public benefit act.


31       NEW SECTION.     Sec. 3.   DEFINITIONS. The definitions in this
32   section apply throughout this chapter unless the context clearly
33   requires otherwise.
34       (1) "Board" means the operating board of the public bank
35   established in section 4 of this act.
36       (2)   "Bonds"   means  any  bonds,   notes, debentures,  interim
37   certificates, conditional sales or lease financing agreements, lines
38   of credit, forward purchase agreements, investment agreements, and
                                     p. 5                          SB 5754
 1   other banking or financial arrangements, guaranties, or other
 2   obligations issued by or entered into by the public bank, which does
 3   not create state debt. Such bonds may be issued on either a tax-
 4   exempt or taxable basis.
 5       (3) "Borrower" means one or more local or tribal governments.
 6       (4) "Financial assistance" means the infusion of capital to a
 7   borrower for use in the planning, acquisition, construction, repair,
 8   replacement,   rehabilitation,    development,     and    expansion   of
 9   infrastructure and economic development projects.
10       (5)   "Financing   agreements"   means,    and    includes   without
11   limitation, a contractual arrangement with a borrower whereby the
12   public bank obtains rights from a borrower in exchange for the
13   granting of financial assistance to the borrower.
14       (6) "Financing document" means an instrument executed by the
15   public bank and one or more borrowers pertaining to the issuance of
16   or security for bonds, or the application of the proceeds of bonds or
17   other funds of, or payable to, the public bank. A "financing
18   document" may include, but need not be limited to, a lease,
19   installment sale agreement, conditional sale agreement, mortgage,
20   loan agreement, trust agreement or indenture, security agreement,
21   letter or line of credit, reimbursement agreement, insurance policy,
22   guaranty agreement, or currency or interest rate swap agreement. A
23   "financing document" also may be an agreement between the public bank
24   and an eligible banking organization which has agreed to make a loan
25   to a borrower.
26       (7) "Infrastructure project" means undertakings for the planning,
27   acquisition, construction, repair, replacement, rehabilitation, or
28   improvement of streets and roads, bridges, water systems, storm and
29   sanitary sewage systems, solid waste handling, pollution control
30   facilities, schools, communications systems, docks and wharves, mass
31   transportation facilities and equipment, public housing, fire
32   suppressing and emergency services equipment and facilities, energy
33   generating, conservation, or transmission facilities, and other
34   public infrastructure deemed eligible by the board.
35       (8) "Local government" means any Washington city, town, county,
36   special purpose district, authority, instrumentality, or other local
37   municipal or interlocal entity created pursuant to Washington law.
38       (9) "Member" means the state government, a local government, or a
39   tribal government that has joined the public bank consistent with
40   section 5 of this act.
                                      p. 6                           SB 5754
 1       (10) "Project costs" means costs of:
 2       (a) Acquisition, lease, construction, reconstruction, remodeling,
 3   refurbishing, rehabilitation, extension, and enlargement of land,
 4   rights to land, buildings, structures, docks, wharves, fixtures,
 5   machinery, equipment, excavations, paving, landscaping, utilities,
 6   approaches, roadways and parking, handling and storage areas, and
 7   similar ancillary facilities, and any other real or personal property
 8   included in an infrastructure project;
 9       (b) Architectural, engineering, consulting, accounting, and legal
10   costs related directly to the development, financing, acquisition,
11   lease,   construction,   reconstruction,  remodeling,   refurbishing,
12   rehabilitation, extension, and enlargement of an infrastructure
13   project, including costs of studies assessing the feasibility of an
14   infrastructure project;
15       (c) Finance costs, including the costs of credit enhancement and
16   discounts, if any, the costs of issuing revenue bonds, and the costs
17   incurred in carrying out any financing document;
18       (d) Start-up costs, working capital, capitalized research and
19   development costs, capitalized interest during construction and
20   during the 18 months after estimated completion of construction, and
21   capitalized debt service or repair and replacement or other
22   appropriate reserves;
23       (e) The refunding of any outstanding obligations incurred for any
24   of the costs outlined in this subsection; and
25       (f) Other costs incidental to any of the costs listed in this
26   subsection.
27       (11) "Public bank" means the Washington state public bank
28   established in section 4 of this act, or any board, body, commission,
29   department, or officer succeeding to the principal functions of the
30   public bank or to whom the powers conferred upon the public bank are
31   given by law.
32       (12) "State" means the state of Washington and any department,
33   agency, or instrumentality thereof other than the public bank.
34       (13) "Tribal government" means the governing body of a federally
35   recognized Indian tribe.


36       NEW SECTION.   Sec. 4.  ESTABLISHMENT. (1) The Washington state
37   public bank is established as a public body corporate and politic,
38   with perpetual corporate succession, constituting an instrumentality
39   of the state of Washington exercising essential governmental
                                     p. 7                          SB 5754
 1   functions. The public bank is a public body as defined in RCW
 2   39.53.010.
 3       (2)(a) The public bank is activated when:
 4       (i) An appropriation that is sufficient to capitalize the public
 5   bank so that it can issue debt with a competitive rating is provided.
 6   This appropriation may be from either state funds or federal funds,
 7   or from any combination of both. The state treasurer shall provide
 8   sufficient funding to capitalize the public bank; and
 9       (ii) Executed articles of activation in a form approved by the
10   state finance committee are filed with the secretary of state.
11       (b) The public bank is deemed to have been formed as of the date
12   of filing articles of activation under (a)(ii) of this subsection.
13   The articles of activation must be approved by the legislative
14   authority of each of the member local or tribal governments that
15   subsequently becomes a member. Each member local or tribal government
16   must provide to the public bank a contribution of an amount approved
17   by the state finance committee, and the board may subsequently adjust
18   the minimum contribution level for current and new members. Any
19   amendments to the articles of activation must be filed with the
20   secretary of state and become effective on the date of filing.
21       (3) The state treasurer shall transfer as much of the state's
22   general fund and concentration account into the public bank as is
23   deemed necessary and prudent by the board to facilitate the growth of
24   the bank with the goal of eventually transferring all state moneys
25   currently held in deposit at large Wall Street banks.
26       (4) A duplicate of the original articles of activation and
27   amended articles of activation must be filed with the department of
28   financial institutions. The filing of amended articles of activation
29   must include the text of each amendment adopted and the date of its
30   adoption. The public bank must also file the following with the
31   department of financial institutions:
32       (a) The address of the location of the main office of the public
33   bank;
34       (b) The names and places of residence of the persons who are
35   directors under this section;
36       (c) The name and place of residence of the executive director
37   hired by the board in accordance with this section;
38       (d) Bylaws and regulations adopted and amended by the board under
39   section 5 of this act; and


                                     p. 8                          SB 5754
 1       (e) Any other information the director of the department of
 2   financial institutions deems necessary to perform a review of the
 3   funds placed with the public bank and the accounts and transactions
 4   of the public bank in carrying out the public bank's duties, as
 5   provided in this section.
 6       (5)(a) The operating board of the public bank consists of nine
 7   directors. Terms of directors are four years, with half of the
 8   initial directors other than the initial chair serving two-year terms
 9   as determined by lot, with those positions being filled for four-year
10   terms thereafter.
11       (b) Five member appointed directors must be selected by a
12   majority of the members of the public bank. Member appointed
13   directors must be elected local or tribal government officials. Three
14   public directors must be appointed by the governor and confirmed by
15   the senate. The public directors must be residents of the state
16   appointed by the governor on the basis of their interest and
17   expertise in finance, accounting, budgeting, economic development,
18   infrastructure planning, design, construction, or project management.
19   The state treasurer shall serve as an ex officio director.
20       (c) One of the public members shall be appointed by the governor
21   as chair of the board and shall serve as chair at the pleasure of the
22   governor. The initial chair must serve a full four-year term. The
23   public bank may select from its membership such other officers of the
24   public bank as it deems appropriate, including without limitation a
25   secretary and a treasurer.
26       (d) In the event of a vacancy on the board due to death,
27   resignation, lack of qualification to serve as a director, or
28   otherwise, a successor for the remainder of the unexpired term shall
29   be selected in the same manner as the selection of the director whose
30   position has become vacant. Any independent member of the public bank
31   may be removed by the governor for misfeasance, malfeasance, or
32   willful neglect of duty after notice and a public hearing, unless
33   such notice and hearing are expressly waived in writing by the
34   affected public member.
35       (e) The state treasurer may designate an employee to act on the
36   treasurer's behalf in all respects with regard to any matter to come
37   before the public bank. The designation must be made in writing in
38   such manner as is specified by the rules of the public bank.
39       (f) A majority of the directors constitutes a quorum.


                                     p. 9                          SB 5754
 1       (g) The directors of the public bank serve without compensation
 2   but are entitled to reimbursement, solely from the funds of the
 3   public bank, for expenses incurred in the discharge of their duties
 4   under this chapter.
 5       (6) The state finance committee serves as the oversight board of
 6   the public bank. In that capacity, the state finance committee must
 7   carry out the responsibilities specified in this chapter. In
 8   addition, the state finance committee may at its discretion require
 9   independent audits of the accounts and transactions of the public
10   bank and the methods, procedures, and operation of the public bank in
11   carrying out its duties.
12       (7) The public bank is a state agency subject to audit by the
13   state auditor under chapter 43.09 RCW. In addition, the department of
14   financial institutions may, at the discretion of the director of
15   financial institutions, review the funds placed with the public bank
16   and the accounts and transactions of the public bank in carrying out
17   the public bank's duties. Nothing in this subsection establishes that
18   the public bank is an institution or entity otherwise subject to the
19   jurisdiction of the department of financial institutions.
20        (8) The board has the authority to hire and fire an executive
21   director. The executive director must be funded in the office of the
22   state treasurer budget and shall administer and operate the
23   Washington state public bank.
24        (9) The public bank's administration and operation must initially
25   be performed by employees of the office of the state treasurer,
26   subject to the terms of one or more agreements between the public
27   bank    and   the   office   of    the   state   treasurer   concerning
28   responsibilities of the office of the state treasurer's staff and
29   compensation of the office of the state treasurer.
30        (10) The board must approve the budget of the public bank
31   annually.
32        (11) The board shall establish an internal audit committee.
33        (12) The public bank shall prioritize investments that increases
34   the supply of public housing.
35        (13) The public bank must not be or constitute a bank or trust
36   company within the jurisdiction or under the control of the director
37   of financial institutions, the comptroller of the currency of the
38   United States of America, or the United States department of the
39   treasury.


                                      p. 10                         SB 5754
1        (14) The public bank must not be or constitute a bank, broker, or
2    dealer in securities within the meaning of, or subject to the
3    provisions of, any securities, securities exchange, or securities
4    dealers' law of the United States of America or this state.
5        (15) The public bank may not issue bonds in a manner that would
6    create state debt.

 7       NEW SECTION. Sec. 5. POWERS. The public bank may:
 8       (1) Sue and be sued in its own name, and plead and be impleaded;
 9       (2) Adopt and alter an official seal;
10       (3) Make and enforce bylaws and regulations for the conduct of
11   its business and for the use of its services and facilities;
12       (4) Engage such independent consultants, attorneys, and advisers
13   as the public bank deems necessary, useful, or convenient to
14   accomplish its purposes, and, subject to section 6 of this act,
15   contract with federal, state, and local or tribal governmental
16   entities for services;
17       (5) Make and execute all manner of contracts, agreements, and
18   instruments and financing documents with public and private parties
19   as the public bank deems necessary, useful, or convenient to
20   accomplish its purposes;
21       (6) Acquire, hold, use, and dispose of real or personal property,
22   or any interest therein, in the name of the public bank, and to sell,
23   assign, lease, encumber, mortgage, or otherwise dispose of the same
24   in such manner as the public bank deems necessary, useful, or
25   convenient to accomplish its purposes;
26       (7) Acquire, hold, use, and dispose of its income, revenues,
27   funds, and money;
28       (8) Receive funds or deposits from state, local, or tribal
29   governments, invest those moneys in lawful funds, including without
30   limitation investments in loans made by the public bank to borrowers;
31       (9) Open and maintain accounts in qualified public depositaries;
32   in the federal reserve bank of San Francisco, in the national
33   cooperative bank, in a federal home loan bank, or in any other
34   federal financing entity, and otherwise provide for the investment of
35   any funds not required for immediate disbursement and provide for the
36   selection of investments. The public bank may participate in and use
37   the federal reserve banks payments systems and account services;



                                     p. 11                         SB 5754
 1       (10) Appear in its own behalf before boards, commissions,
 2   departments, or agencies of federal, state, local, or tribal
 3   governments;
 4       (11) Procure such insurance of such types, in such amounts, and
 5   from such insurers as the public bank deems desirable including, but
 6   not limited to, insurance against any loss or damage to its property
 7   or other assets, public liability insurance for injuries to persons
 8   or property, and directors and officers liability insurance;
 9       (12) Accept gifts or grants from the United States, or from any
10   governmental unit or person, firm, or corporation, carry out the
11   terms or provisions or make agreements with respect to the gifts or
12   grants, and do all things necessary, useful, desirable, or convenient
13   in connection with procuring, accepting, or disposing of the gifts or
14   grants;
15       (13) Apply for and accept grants, loans, advances, and
16   contributions from any source of money, property, labor, or other
17   things of value, to be held, used, and applied as the public bank
18   deems necessary, useful, or convenient to accomplish its purposes;
19       (14) Borrow money and issue its bonds consistent with this
20   chapter and provide for and secure their payment, provide for the
21   rights of bond owners and purchasers, and hold and dispose of any of
22   its bonds;
23       (15)   For  the   purpose  of   facilitating   the  financing  of
24   infrastructure and economic development activity in the state of
25   Washington by the state or local or tribal governments, develop and
26   conduct a program or programs to make loans to borrowers for project
27   costs of infrastructure and economic development projects. Those
28   loans may be made from the proceeds of bonds issued by the public
29   bank, from funds held by the public bank, and from other assets of
30   the public bank including contributions. The public bank may develop
31   and conduct a program that stimulates and encourages the development
32   of infrastructure and economic development projects by the infusion
33   of financial assistance for state, local, or tribal governments;
34       (16) Establish guidelines for the engagement by state, local, or
35   tribal governments in programs conducted by the public bank under
36   this chapter. The public bank may prescribe the form of application
37   or procedure required of a borrower for a loan, fix the terms and
38   conditions of the loan or purchase, and enter into financing
39   agreements and other financing documents with borrowers with respect
40   to loans and other forms of financial assistance;
                                     p. 12                         SB 5754
 1       (17) Establish, revise, and collect such member contributions and
 2   such fees and charges as the public bank deems necessary, useful, or
 3   convenient to accomplish its purposes. Members may make such
 4   contributions, and state, local, and tribal governments may pay such
 5   fees and charges;
 6       (18) Make such expenditures as are appropriate for paying the
 7   administrative costs and expenses of the public bank in carrying out
 8   the provisions of this chapter;
 9       (19) Establish such reserves and special funds, including but not
10   limited to debt service and sinking funds, reserve funds, project
11   funds, and such other special funds as the public bank deems
12   necessary, useful, or convenient, and controls on funds to and from
13   them, as the public bank deems necessary, useful, or convenient to
14   accomplish its purposes;
15       (20) Provide financial assistance and other forms of assistance
16   to state, local, or tribal governments by providing information,
17   advice, guidelines, forms, and procedures for implementing their
18   financing programs;
19       (21) When authorized by not less than two-thirds of the members
20   of the board, make distributions to members of amounts that the board
21   deems surplus to the needs of the public bank;
22       (22) Engage outside legal counsel, while receiving counsel on a
23   routine basis from the office of the attorney general;
24       (23) Adopt rules concerning its exercise of the powers authorized
25   by this chapter; and
26       (24) Exercise any other power the public bank deems necessary,
27   useful, or convenient to accomplish its purposes and exercise the
28   powers expressly granted in this chapter.

29       NEW SECTION.   Sec. 6.  FINANCING POWERS. (1) Bonds issued under
30   this chapter must be issued in the name of the public bank. The bonds
31   are not obligations of the state of Washington, may not create state
32   debt, and are obligations only of the public bank payable from the
33   special fund or funds created by the public bank for their payment.
34   Such funds are not public moneys or funds of the state of Washington
35   and at all times must be kept segregated and set apart from other
36   funds.
37       (2) Bonds issued under this chapter must contain a recital on
38   their face to the effect that payment of the principal of, interest
39   on, and prepayment premium, if any, on the bonds, is a valid claim
                                     p. 13                         SB 5754
 1   only as against the special fund or funds relating thereto, that
 2   neither the faith and credit nor the taxing power of the state or any
 3   municipal corporation, subdivision, or agency of the state, other
 4   than the public bank as set forth in this chapter, is pledged to the
 5   payment of the principal of, interest on, and prepayment premium, if
 6   any, on the bonds. Contracts entered into by the public bank must be
 7   entered into in the name of the public bank and not in the name of
 8   the state of Washington. The obligations of the public bank under the
 9   contracts must be obligations only of the public bank and are not in
10   any way obligations of the state of Washington.
11       (3) The public bank's bonds must bear such date or dates, mature
12   at such time or times, be in such denominations, be in such form, be
13   registered or registrable in such manner, be made transferable,
14   exchangeable, and interchangeable, be payable in such medium of
15   payment, at such place or places, be subject to such terms of
16   redemption, bear such fixed or variable rate or rates of interest, be
17   payable at such time or times, and be sold in such manner and at such
18   price or prices, as the public bank determines. The bonds must be
19   executed by the chair, by either its duly elected secretary or its
20   treasurer, and by the trustee or paying agent if the public bank
21   determines to use a trustee or paying agent for the bonds. Execution
22   of the bonds may be by manual or facsimile signature. The bonds of
23   the public bank may be negotiable instruments under Title 62A RCW.
24       (4) The bonds of the public bank are subject to such terms,
25   conditions, covenants, and protective provisions as are found
26   necessary or desirable by the public bank including, but not limited
27   to, pledges of the public bank's assets, setting aside of reserves,
28   limitations on additional forms of indebtedness, and the mortgaging
29   of all or any part of the public bank's real or personal property,
30   then owned or thereafter acquired, and other provisions the public
31   bank finds are necessary or desirable for the security of bond
32   owners.
33       (5) Any bonds issued under this chapter may be secured by a
34   financing document between the public bank and the purchasers or
35   owners of such bonds or between the public bank and a corporate
36   trustee appointed by the public bank, which may be any trust company
37   or bank having the powers of a trust company within or without the
38   state. The financing document may pledge or assign, in whole or in
39   part, the revenues and funds held or to be received by the public
40   bank, any present or future contract or other rights to receive the
                                     p. 14                         SB 5754
 1   same, and the proceeds thereof. The financing document must contain
 2   such provisions for protecting and enforcing the rights, security,
 3   and remedies of bond owners as may be reasonable and proper
 4   including, without limiting the generality of the foregoing,
 5   provisions defining defaults and providing for remedies in the event
 6   of default which may include the acceleration of maturities,
 7   restrictions on the individual rights of action by bond owners, and
 8   covenants setting forth duties of and limitations on the public bank
 9   in conduct of its programs and the management of its property. In
10   addition to other security provided in this chapter or otherwise by
11   law, bonds issued by the public bank may be secured, in whole or in
12   part, by a pledge of the assets of the public bank, including
13   contributions of the members, or by financial guaranties, insurance
14   or letters of credit issued to the public bank or a trustee or any
15   other person, by any bank, trust company, insurance or surety
16   company, or other financial institution, within or without the state.
17   The public bank may pledge or assign, in whole or in part, the
18   revenues and funds held or to be received by the public bank, any
19   present or future contract or other rights to receive the same, and
20   the proceeds thereof, as security for such guaranties or insurance or
21   for the reimbursement by the public bank to any issuer of such letter
22   of credit of any payments made under such letter of credit. No
23   individual member is liable to the public bank, to the public bank's
24   trustee, or to any other person in amounts exceeding the member's
25   contribution unless authorized by a majority of the members of the
26   public bank.
27       (6) The public bank may enter into financing documents with
28   borrowers regarding bonds issued by the public bank that may provide
29   for the payment by each borrower of amounts sufficient, together with
30   other revenues available to the public bank, if any, to:
31       (a) Pay the borrower's share of the fees established by the
32   public bank;
33       (b) Pay the principal of, premium, if any, and interest on
34   outstanding bonds of the public bank issued in respect of such
35   borrower as the same shall become due and payable; and
36       (c) Create and maintain reserves required or provided for by the
37   public bank in connection with the issuance of such bonds. The
38   payments are not subject to supervision or regulation by any
39   department, committee, board, body, bureau, or agency of the state
40   other than the public bank.
                                     p. 15                         SB 5754
 1       (7) Any security interest created in the unexpended bond proceeds
 2   and in the special funds created by the public bank must be
 3   immediately valid and binding against such moneys and any securities
 4   in which such moneys may be invested without public bank or trustee
 5   possession thereof, and the security interest is prior to any party
 6   having any competing claim in such moneys or securities, without
 7   filing or recording pursuant to chapter 62A.9A RCW and regardless of
 8   whether the party has notice of the security interest.
 9       (8) When issuing bonds, the public bank may provide for the
10   future issuance of additional bonds or parity debt on a parity with
11   outstanding bonds, and the terms and conditions of their issuance.
12   The public bank may refund or advance refund any bond of the public
13   bank in accordance with chapter 39.53 RCW or issue bonds with a
14   subordinate lien against the fund or funds securing outstanding
15   bonds. Bonds issued for refunding purposes may be combined with bonds
16   issued for the financing or refinancing of new projects. Pending the
17   application of the proceeds of the refunding bonds to the redemption
18   of the bonds to be redeemed, the public bank may enter into an
19   agreement or agreements with a corporate trustee regarding the
20   interim investment of the proceeds and the application of the
21   proceeds and the earnings on the proceeds to the payment of the
22   principal of and interest on, and the redemption of, the bonds to be
23   redeemed.
24       (9) All money received by or on behalf of the public bank with
25   respect to this issuance of its bonds are trust funds to be held and
26   applied solely as provided in this chapter. The public bank, instead
27   of receiving and applying the moneys itself, may enter into a trust
28   agreement or indenture with one or more banks, including the national
29   cooperative bank, or trust companies having the power and bank to
30   conduct trust business in the state to:
31       (a) Perform all or any part of the obligations of the public bank
32   with respect to: (i) Bonds issued by it; (ii) the receipt,
33   investment, and application of the proceeds of the bonds and money
34   paid by a participant or available from other sources for the payment
35   of the bonds; (iii) the enforcement of the obligations of a borrower
36   in connection with the financing or refinancing of any project; and
37   (iv) other matters relating to the exercise of the public bank's
38   powers under this chapter;



                                     p. 16                         SB 5754
 1       (b) Receive, hold, preserve, and enforce any security interest or
 2   evidence of security interest granted by a participant for purposes
 3   of securing the payment of the bonds; and
 4       (c) Act on behalf of the public bank or the owners of bonds of
 5   the public bank for purposes of assuring or enforcing the payment of
 6   the bonds, when due.
 7       (10) The public bank may purchase its bonds with any of its funds
 8   available for the purchase. The public bank may hold, pledge, cancel,
 9   or resell the bonds subject to and in accordance with agreements with
10   bond owners.
11       (11) The chair of the state finance committee or the chair's
12   designee must be notified in advance of the issuance of bonds by the
13   public bank in order to promote the orderly offering of obligations
14   in the financial markets.
15       (12) Neither the members of the public bank, nor its directors or
16   agents, nor employees of the office of the state treasurer, nor any
17   person executing the bonds, is personally liable on the bonds or
18   subject to any personal liability or accountability by reason of the
19   issuance of the bonds.
20       (13) The public bank may, out of any fund available therefor,
21   purchase its bonds in the open market.
22       (14) Any owner of bonds of the public bank issued under this
23   chapter, and the trustee under any trust agreement or indenture, may,
24   either at law or in equity, by suit, action, mandamus, or other
25   proceeding, protect and enforce any of their respective rights, and
26   may become the purchaser at any foreclosure sale if the person is the
27   highest bidder, except to the extent the rights given are restricted
28   by the public bank in any bond resolution or trust agreement or
29   indenture authorizing the issuance of the bonds.
30       (15) The public bank may charge for its costs and services in
31   review or consideration of a proposed loan to a state, local, or
32   tribal government, whether or not the loan is made.
33       (16) To the extent permitted under its contracts with the owners
34   of bonds of the public bank, the public bank may consent to
35   modification of the rate of interest, time and payment of installment
36   of principal or interest, security, or any other term of a bond or
37   note, loan to a state, local, or tribal government, contract, or
38   agreement of any kind to which the public bank authority is a party.
39       (17) The bonds of the public bank are securities in which all
40   public officers and bodies of this state and all counties, cities,
                                     p. 17                         SB 5754
 1   municipal corporations, and political subdivisions, all banks,
 2   eligible banking organizations, bankers, trust companies, savings
 3   banks and institutions, building and loan associations, savings and
 4   loan associations, investment companies, insurance companies and
 5   associations, and all executors, administrators, guardians, trustees,
 6   and other fiduciaries may legally invest any sinking funds, moneys,
 7   or other funds belonging to them or within their control.
 8       (18)   This  section   provides   a  complete,   additional,  and
 9   alternative method for accomplishing the purposes of this chapter and
10   is supplemental and additional to powers conferred by other laws. The
11   issuance of bonds and refunding bonds under this chapter need not
12   comply with the requirements of any other law applicable to the
13   issuance of bonds. Insofar as the provisions of this chapter are
14   inconsistent with the provisions of any general or special law, or
15   parts thereof, the provisions of this chapter are controlling.


16       NEW SECTION.   Sec. 7.   A new section is added to chapter 43.08
17   RCW to read as follows:
18       Employees of the office of the state treasurer shall primarily
19   administer and operate the Washington state public bank, as provided
20   by section 4(9) of this act. The public bank may consult with other
21   state agencies at its discretion and without the approval of the
22   office of the state treasurer.


23       Sec. 8.   RCW 39.59.040 and 2016 c 152 s 11 are each amended to
24   read as follows:
25       Any local government in the state of Washington may invest in:
26       (1) Bonds of the state of Washington and any local government in
27   the state of Washington;
28       (2) General obligation bonds of a state and general obligation
29   bonds of a local government of a state, which bonds have at the time
30   of investment one of the three highest credit ratings of a nationally
31   recognized rating agency;
32       (3) Subject to compliance with RCW 39.56.030, registered warrants
33   of a local government in the same county as the government making the
34   investment;
35       (4) Certificates, notes, or bonds of the United States, or other
36   obligations of the United States or its agencies, or of any
37   corporation wholly owned by the government of the United States; or
38   United States dollar denominated bonds, notes, or other obligations
                                     p. 18                         SB 5754
 1   that are issued or guaranteed by supranational institutions, provided
 2   that, at the time of investment, the institution has the United
 3   States government as its largest shareholder;
 4       (5) Federal home loan bank notes and bonds, federal land bank
 5   bonds and federal national mortgage association notes, debentures and
 6   guaranteed certificates of participation, or the obligations of any
 7   other government sponsored corporation whose obligations are or may
 8   become eligible as collateral for advances to member banks as
 9   determined by the board of governors of the federal reserve system;
10       (6) Bankers' acceptances purchased on the secondary market;
11       (7) Commercial paper purchased in the secondary market, provided
12   that any local government of the state of Washington that invests in
13   such commercial paper must adhere to the investment policies and
14   procedures adopted by the state investment board; ((and))
15       (8) Corporate notes purchased on the secondary market, provided
16   that any local government of the state of Washington that invests in
17   such notes must adhere to the investment policies and procedures
18   adopted by the state investment board; and
19       (9) A public bank as defined in section 3 of this act and bonds
20   issued by such public bank.


21       Sec. 9.   RCW 42.56.270 and 2023 c 340 s 11 are each amended to
22   read as follows:
23       The following financial, commercial, and proprietary information
24   is exempt from disclosure under this chapter:
25       (1) Valuable formulae, designs, drawings, computer source code or
26   object code, and research data obtained by any agency within five
27   years of the request for disclosure when disclosure would produce
28   private gain and public loss;
29       (2) Financial information supplied by or on behalf of a person,
30   firm, or corporation for the purpose of qualifying to submit a bid or
31   proposal for (a) a ferry system construction or repair contract as
32   required by RCW 47.60.680 through 47.60.750; (b) highway construction
33   or improvement as required by RCW 47.28.070; or (c) alternative
34   public works contracting procedures as required by RCW 39.10.200
35   through 39.10.905;
36       (3) Financial and commercial information and records supplied by
37   private persons pertaining to export services provided under chapters
38   43.163 and 53.31 RCW, and by persons pertaining to export projects
39   under RCW 43.23.035;
                                     p. 19                         SB 5754
 1       (4) Financial and commercial information and records supplied by
 2   businesses or individuals during application for loans or program
 3   services provided by chapters 43.325, 43.163, 43.160, 43.330, 43.---
 4   (the new chapter created in section 15 of this act), 43.168, and
 5   43.181 RCW and RCW 43.155.160, or during application for economic
 6   development loans or program services provided by any local agency;
 7       (5) Financial information, business plans, examination reports,
 8   and any information produced or obtained in evaluating or examining a
 9   business and industrial development corporation organized or seeking
10   certification under chapter 31.24 RCW;
11       (6) Financial and commercial information supplied to the state
12   investment board by any person when the information relates to the
13   investment of public trust or retirement funds and when disclosure
14   would result in loss to such funds or in private loss to the
15   providers of this information;
16       (7) Financial and valuable trade information under RCW 51.36.120;
17       (8) Financial, commercial, operations, and technical and research
18   information and data submitted to or obtained by the clean Washington
19   center in applications for, or delivery of, program services under
20   chapter 70.95H RCW;
21       (9) Financial and commercial information requested by the public
22   stadium authority from any person or organization that leases or uses
23   the stadium and exhibition center as defined in RCW 36.102.010;
24       (10)(a) Financial information, including but not limited to
25   account numbers and values, and other identification numbers supplied
26   by or on behalf of a person, firm, corporation, limited liability
27   company, partnership, or other entity related to an application for a
28   horse racing license submitted pursuant to RCW 67.16.260(1)(b),
29   cannabis producer, processor, or retailer license, liquor license,
30   gambling license, or lottery retail license;
31       (b) Internal control documents, independent auditors' reports and
32   financial statements, and supporting documents: (i) Of house-banked
33   social card game licensees required by the gambling commission
34   pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted
35   by tribes with an approved tribal/state compact for class III gaming;
36       (c) Valuable formulae or financial or proprietary commercial
37   information records received during a consultative visit or while
38   providing consultative services to a licensed cannabis business in
39   accordance with RCW 69.50.561;


                                     p. 20                         SB 5754
 1       (11) Proprietary data, trade secrets, or other information that
 2   relates to: (a) A vendor's unique methods of conducting business; (b)
 3   data unique to the product or services of the vendor; or (c)
 4   determining prices or rates to be charged for services, submitted by
 5   any vendor to the department of social and health services or the
 6   health care authority for purposes of the development, acquisition,
 7   or implementation of state purchased health care as defined in RCW
 8   41.05.011;
 9       (12)(a) When supplied to and in the records of the department of
10   commerce:
11       (i) Financial and proprietary information collected from any
12   person and provided to the department of commerce pursuant to RCW
13   43.330.050(8);
14       (ii) Financial or proprietary information collected from any
15   person and provided to the department of commerce or the office of
16   the governor in connection with the siting, recruitment, expansion,
17   retention, or relocation of that person's business and until a siting
18   decision is made, identifying information of any person supplying
19   information under this subsection and the locations being considered
20   for siting, relocation, or expansion of a business; and
21       (iii) Financial or proprietary information collected from any
22   person and provided to the department of commerce pursuant to RCW
23   43.31.625 (3)(b) and (4);
24       (b) When developed by the department of commerce based on
25   information as described in (a)(i) of this subsection, any work
26   product is not exempt from disclosure;
27       (c) For the purposes of this subsection, "siting decision" means
28   the decision to acquire or not to acquire a site;
29       (d) If there is no written contact for a period of 60 days to the
30   department of commerce from a person connected with siting,
31   recruitment, expansion, retention, or relocation of that person's
32   business, information described in (a)(ii) of this subsection will be
33   available to the public under this chapter;
34       (13) Financial and proprietary information submitted to or
35   obtained by the department of ecology or the authority created under
36   chapter 70A.500 RCW to implement chapter 70A.500 RCW;
37       (14) Financial, commercial, operations, and technical and
38   research information and data submitted to or obtained by the life
39   sciences discovery fund authority in applications for, or delivery
40   of, grants under RCW 43.330.502, to the extent that such information,
                                     p. 21                         SB 5754
 1   if revealed, would reasonably be expected to result in private loss
 2   to the providers of this information;
 3       (15) Financial and commercial information provided as evidence to
 4   the department of licensing as required by RCW 19.112.110 or
 5   19.112.120, except information disclosed in aggregate form that does
 6   not permit the identification of information related to individual
 7   fuel licensees;
 8       (16) Any production records, mineral assessments, and trade
 9   secrets submitted by a permit holder, mine operator, or landowner to
10   the department of natural resources under RCW 78.44.085;
11       (17)(a) Farm plans developed by conservation districts, unless
12   permission to release the farm plan is granted by the landowner or
13   operator who requested the plan, or the farm plan is used for the
14   application or issuance of a permit;
15       (b) Farm plans developed under chapter 90.48 RCW and not under
16   the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject
17   to RCW 42.56.610 and 90.64.190;
18       (18) Financial, commercial, operations, and technical and
19   research information and data submitted to or obtained by a health
20   sciences and services authority in applications for, or delivery of,
21   grants under RCW 35.104.010 through 35.104.060, to the extent that
22   such information, if revealed, would reasonably be expected to result
23   in private loss to providers of this information;
24       (19) Information gathered under chapter 19.85 RCW or RCW
25   34.05.328 that can be identified to a particular business;
26       (20) Financial and commercial information submitted to or
27   obtained by the University of Washington, other than information the
28   university is required to disclose under RCW 28B.20.150, when the
29   information relates to investments in private funds, to the extent
30   that such information, if revealed, would reasonably be expected to
31   result in loss to the University of Washington consolidated endowment
32   fund or to result in private loss to the providers of this
33   information;
34       (21) Market share data submitted by a manufacturer under RCW
35   70A.500.190(4);
36       (22) Financial information supplied to the department of
37   financial institutions, when filed by or on behalf of an issuer of
38   securities for the purpose of obtaining the exemption from state
39   securities registration for small securities offerings provided under


                                     p. 22                         SB 5754
 1   RCW 21.20.880 or when filed by or on behalf of an investor for the
 2   purpose of purchasing such securities;
 3       (23) Unaggregated or individual notices of a transfer of crude
 4   oil that is financial, proprietary, or commercial information,
 5   submitted   to   the   department   of  ecology   pursuant   to   RCW
 6   90.56.565(1)(a), and that is in the possession of the department of
 7   ecology or any entity with which the department of ecology has shared
 8   the notice pursuant to RCW 90.56.565;
 9       (24) Financial institution and retirement account information,
10   and building security plan information, supplied to the liquor and
11   cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and
12   69.50.345, when filed by or on behalf of a licensee or prospective
13   licensee for the purpose of obtaining, maintaining, or renewing a
14   license to produce, process, transport, or sell cannabis as allowed
15   under chapter 69.50 RCW;
16       (25)   Cannabis   transport  information,    vehicle  and   driver
17   identification data, and account numbers or unique access identifiers
18   issued to private entities for traceability system access, submitted
19   by an individual or business to the liquor and cannabis board under
20   the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and
21   69.50.345   for  the   purpose  of   cannabis   product  traceability.
22   Disclosure to local, state, and federal officials is not considered
23   public disclosure for purposes of this section;
24       (26) Financial and commercial information submitted to or
25   obtained by the retirement board of any city that is responsible for
26   the management of an employees' retirement system pursuant to the
27   authority of chapter 35.39 RCW, when the information relates to
28   investments in private funds, to the extent that such information, if
29   revealed, would reasonably be expected to result in loss to the
30   retirement fund or to result in private loss to the providers of this
31   information except that (a) the names and commitment amounts of the
32   private funds in which retirement funds are invested and (b) the
33   aggregate quarterly performance results for a retirement fund's
34   portfolio of investments in such funds are subject to disclosure;
35       (27) Proprietary financial, commercial, operations, and technical
36   and research information and data submitted to or obtained by the
37   liquor and cannabis board in applications for cannabis research
38   licenses under RCW 69.50.372, or in reports submitted by cannabis
39   research licensees in accordance with rules adopted by the liquor and
40   cannabis board under RCW 69.50.372;
                                     p. 23                         SB 5754
 1       (28) Trade secrets, technology, proprietary information, and
 2   financial considerations contained in any agreements or contracts,
 3   entered into by a licensed cannabis business under RCW 69.50.395,
 4   which may be submitted to or obtained by the state liquor and
 5   cannabis board;
 6       (29) Financial, commercial, operations, and technical and
 7   research information and data submitted to or obtained by the Andy
 8   Hill cancer research endowment program in applications for, or
 9   delivery of, grants under chapter 43.348 RCW, to the extent that such
10   information, if revealed, would reasonably be expected to result in
11   private loss to providers of this information;
12       (30) Proprietary information filed with the department of health
13   under chapter 69.48 RCW;
14       (31) Records filed with the department of ecology under chapter
15   70A.515 RCW that a court has determined are confidential valuable
16   commercial information under RCW 70A.515.130; and
17       (32)   Unaggregated   financial,    proprietary,  or   commercial
18   information submitted to or obtained by the liquor and cannabis board
19   in applications for licenses under RCW 66.24.140 or 66.24.145, or in
20   any reports or remittances submitted by a person licensed under RCW
21   66.24.140 or 66.24.145 under rules adopted by the liquor and cannabis
22   board under chapter 66.08 RCW.


23       Sec. 10. RCW 42.56.400 and 2023 c 149 s 12 are each amended to
24   read as follows:
25       The following information relating to insurance and financial
26   institutions is exempt from disclosure under this chapter:
27       (1) Records maintained by the board of industrial insurance
28   appeals that are related to appeals of crime victims' compensation
29   claims filed with the board under RCW 7.68.110;
30       (2) Information obtained and exempted or withheld from public
31   inspection by the health care authority under RCW 41.05.026, whether
32   retained by the authority, transferred to another state purchased
33   health care program by the authority, or transferred by the authority
34   to   a  technical   review  committee   created   to  facilitate  the
35   development, acquisition, or implementation of state purchased health
36   care under chapter 41.05 RCW;
37       (3) The names and individual identification data of either all
38   owners or all insureds, or both, received by the insurance
39   commissioner under chapter 48.102 RCW;
                                     p. 24                         SB 5754
 1       (4) Information provided under RCW 48.30A.045 through 48.30A.060;
 2       (5) Information provided under RCW 48.05.510 through 48.05.535,
 3   48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and
 4   48.46.600 through 48.46.625;
 5       (6)   Examination  reports   and  information   obtained  by   the
 6   department of financial institutions from banks under RCW 30A.04.075,
 7   from savings banks under RCW 32.04.220, from savings and loan
 8   associations under RCW 33.04.110, from credit unions under RCW
 9   31.12.565, from chapter 43.--- RCW (the new chapter created in
10   section 15 of this act), from check cashers and sellers under RCW
11   31.45.030(3), and from securities brokers and investment advisers
12   under RCW 21.20.100, information that could reasonably be expected to
13   reveal the identity of a whistleblower under RCW 21.40.090, and
14   information received under RCW 43.320.190, all of which are
15   confidential and privileged information;
16       (7) Information provided to the insurance commissioner under RCW
17   48.110.040(3);
18       (8) Documents, materials, or information obtained by the
19   insurance commissioner under RCW 48.02.065, all of which are
20   confidential and privileged;
21       (9) Documents, materials, or information obtained or provided by
22   the insurance commissioner under RCW 48.31B.015(2) (l) and (m),
23   48.31B.025, 48.31B.030, 48.31B.035, and 48.31B.036, all of which are
24   confidential and privileged;
25       (10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and
26   7.70.140 that, alone or in combination with any other data, may
27   reveal the identity of a claimant, health care provider, health care
28   facility, insuring entity, or self-insurer involved in a particular
29   claim or a collection of claims. For the purposes of this subsection:
30       (a) "Claimant" has the same meaning as in RCW 48.140.010(2).
31       (b) "Health care facility" has the same meaning as in RCW
32   48.140.010(6).
33       (c) "Health care provider" has the same meaning as in RCW
34   48.140.010(7).
35       (d)   "Insuring  entity"   has  the   same  meaning   as  in   RCW
36   48.140.010(8).
37       (e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);
38       (11) Documents, materials, or information obtained by the
39   insurance commissioner under RCW 48.135.060;


                                     p. 25                         SB 5754
 1       (12) Documents, materials, or information obtained by the
 2   insurance commissioner under RCW 48.37.060;
 3       (13) Confidential and privileged documents obtained or produced
 4   by the insurance commissioner and identified in RCW 48.37.080;
 5       (14) Documents, materials, or information obtained by the
 6   insurance commissioner under RCW 48.37.140;
 7       (15) Documents, materials, or information obtained by the
 8   insurance commissioner under RCW 48.17.595;
 9       (16) Documents, materials, or information obtained by the
10   insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and
11   (7)(a)(ii);
12       (17) Documents, materials, or information obtained by the
13   insurance commissioner in the commissioner's capacity as receiver
14   under RCW 48.31.025 and 48.99.017, which are records under the
15   jurisdiction and control of the receivership court. The commissioner
16   is not required to search for, log, produce, or otherwise comply with
17   the public records act for any records that the commissioner obtains
18   under chapters 48.31 and 48.99 RCW in the commissioner's capacity as
19   a receiver, except as directed by the receivership court;
20       (18) Documents, materials, or information obtained by the
21   insurance commissioner under RCW 48.13.151;
22       (19) Data, information, and documents provided by a carrier
23   pursuant to section 1, chapter 172, Laws of 2010;
24       (20) Information in a filing of usage-based insurance about the
25   usage-based component of the rate pursuant to RCW 48.19.040(5)(b);
26       (21) Data, information, and documents that are submitted to the
27   office of the insurance commissioner by an entity providing health
28   care coverage pursuant to RCW 28A.400.275;
29       (22) Data, information, and documents obtained by the insurance
30   commissioner under RCW 48.29.017;
31       (23) Information not subject to public inspection or public
32   disclosure under RCW 48.43.730(5);
33       (24) Documents, materials, or information obtained by the
34   insurance commissioner under chapter 48.05A RCW;
35       (25) Documents, materials, or information obtained by the
36   insurance commissioner under RCW 48.74.025, 48.74.028, 48.74.100(6),
37   48.74.110(2) (b) and (c), and 48.74.120 to the extent such documents,
38   materials, or information independently qualify for exemption from
39   disclosure as documents, materials, or information in possession of


                                     p. 26                         SB 5754
 1   the commissioner pursuant to a financial conduct examination and
 2   exempt from disclosure under RCW 48.02.065;
 3       (26) Nonpublic personal health information obtained by, disclosed
 4   to, or in the custody of the insurance commissioner, as provided in
 5   RCW 48.02.068;
 6       (27) Data, information, and documents obtained by the insurance
 7   commissioner under RCW 48.02.230;
 8       (28) Documents, materials, or other information, including the
 9   corporate annual disclosure obtained by the insurance commissioner
10   under RCW 48.195.020;
11       (29) Findings and orders disapproving acquisition of a trust
12   institution under RCW 30B.53.100(3);
13       (30) All claims data, including health care and financial related
14   data received under RCW 41.05.890, received and held by the health
15   care authority; and
16       (31) Contracts not subject    to    public   disclosure   under   RCW
17   48.200.040 and 48.43.731.


18       Sec. 11.   RCW 43.10.067 and 1997 c 41 s 9 are each amended to
19   read as follows:
20       No officer, director, administrative agency, board, or commission
21   of the state, other than the attorney general, shall employ, appoint
22   or retain in employment any attorney for any administrative body,
23   department, commission, agency, or tribunal or any other person to
24   act as attorney in any legal or quasi legal capacity in the exercise
25   of any of the powers or performance of any of the duties specified by
26   law to be performed by the attorney general, except where it is
27   provided by law to be the duty of the judge of any court or the
28   prosecuting attorney of any county to employ or appoint such persons:
29   PROVIDED, That RCW 43.10.040, and 43.10.065 through 43.10.080 shall
30   not apply to the administration of the commission on judicial
31   conduct, the state law library, the law school of the state
32   university, the administration of the state bar act by the Washington
33   State Bar Association, ((or)) the representation of an estate
34   administered by the director of the department of revenue or the
35   director's designee pursuant to chapter 11.28 RCW, or the state
36   public bank to the extent provided in section 5(22) of this act.
37       The authority granted by chapter 1.08 RCW, RCW 44.28.065, and
38   47.01.061 shall not be affected hereby.


                                     p. 27                            SB 5754
 1       Sec. 12. RCW 43.84.080 and 2016 c 152 s 18 are each amended to
 2   read as follows:
 3       Wherever there is in any fund or in cash balances in the state
 4   treasury more than sufficient to meet the current expenditures
 5   properly payable therefrom, the state treasurer may invest or
 6   reinvest such portion of such funds or balances as the state
 7   treasurer deems expedient in the following:
 8       (1) Certificates, notes, or bonds of the United States, or other
 9   obligations of the United States or its agencies, or of any
10   corporation wholly owned by the government of the United States or
11   United States dollar denominated bonds, notes, or other obligations
12   that are issued or guaranteed by supranational institutions, provided
13   that, at the time of investment, the institution has the United
14   States government as its largest shareholder;
15       (2) In state, county, municipal, or school district bonds, notes,
16   or in warrants of taxing districts of the state. Such bonds and
17   warrants shall be only those found to be within the limit of
18   indebtedness prescribed by law for the taxing district issuing them
19   and to be general obligations. The state treasurer may purchase such
20   bonds or warrants directly from the taxing district or in the open
21   market at such prices and upon such terms as it may determine, and
22   may sell them at such times as it deems advisable;
23       (3) In federal home loan bank notes and bonds, federal land bank
24   bonds and federal national mortgage association notes, debentures and
25   guaranteed certificates of participation, or the obligations of any
26   other government sponsored corporation whose obligations are or may
27   become eligible as collateral for advances to member banks as
28   determined by the board of governors of the federal reserve system;
29       (4) Bankers' acceptances purchased on the secondary market;
30       (5) Commercial paper purchased on the secondary market, provided
31   that the state treasurer adheres to the investment policies and
32   procedures adopted by the state investment board;
33       (6) General obligation bonds of any state and general obligation
34   bonds of local governments of other states, which bonds have at the
35   time of investment one of the three highest credit ratings of a
36   nationally recognized rating agency; ((and))
37       (7) Corporate notes purchased on the secondary market, provided
38   that the state treasurer adheres to the investment policies and
39   procedures adopted by the state investment board; and


                                     p. 28                         SB 5754
1        (8) Contributions to a public bank as defined in section 3 of
2    this act.


3        NEW SECTION.    Sec. 13.   If any provision of this act or its
4    application to any person or circumstance is held invalid, the
5    remainder of the act or the application of the provision to other
6    persons or circumstances is not affected.

7        NEW SECTION. Sec. 14. This act, being necessary for the welfare
8    of the state and its inhabitants, shall be liberally construed to
9    effect the purposes thereof.

10       NEW SECTION.    Sec. 15.     Sections   1   through   6   of   this   act
11   constitute a new chapter in Title 43 RCW.

                                  --- END ---




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