PIERCE COUNTY REQUEST FOR PROPOSAL NUMBER 19-160 …

RFP No. 19-160 – Mobile Voting Solution of 10

PIERCE COUNTY REQUEST FOR PROPOSAL NUMBER 19-160

MOBILE VOTING SOLUTION

Proposal Due Date/Time is Thursday, December 12, 2019 by 4:00 pm to: Pierce County Procurement & Contract Services 950 Fawcett Avenue, Suite 100 Tacoma, WA 98402 Phone: 253-798-7456

RFP ISSUED BY: Pierce County Procurement and Contract Services Attention: Andrew Robson, Senior Buyer [email protected] 253-798-7456

mailto:[email protected]


TABLE OF CONTENTS

RFP Holder’s List .......................................................................................................................................... 3

Expected Term of Resulting Agreement ..................................................................................................... 3

General Information ................................................................................................................................... 3

Description of Project ................................................................................................................................. 3

Scope of Work ............................................................................................................................................. 4

Timelines/Schedule ..................................................................................................................................... 6

Evaluation Criteria....................................................................................................................................... 6

Submittal Checklist ..................................................................................................................................... 7

RFP General Terms And Conditions ............................................................................................................ 8

Required Signature Page For Proposal ....................................................................................................... 9

Attachment A – Mobile Voting Solution RFP - Questions ........................................................................ 10

Attachment B – Chapter 19.375 RCW – Biometric Identifiers.................................................................. 10

Attachment C – Pierce County Forms To Be Submitted At Award ........................................................... 10


PROCUREMENT DOCUMENTS & RFP HOLDER’S LIST

BIDDERS WHO REGISTER AND DOWNLOAD BID DOCUMENTS will be automatically added to the bidder’s list in the ProcureWare Bidding Software. Notifications for bid updates, addendum and other bid information will be sent to all bidders who register with Pierce County ProcureWare and are a ‘Bidder’ under this bid number. Instructions to register as a bidder are available here.

PROCUREMENT QUESTIONS

All questions must be submitted within the Pierce County ProcureWare software, under the Clarifications Tab not later than seven days prior to bid opening. Bidders must be registered in the ProcureWare software in order to submit questions. Instructions for Pierce County ProcureWare registration.

EXPECTED TERM OF RESULTING AGREEMENT

The initial contract period is anticipated to be for 12 months. The County has the option of renewing the contract annually through 2024.

GENERAL INFORMATION

Pierce County serves nearly 520,000 registered voters in 531 precincts in The State of Washington, an all vote-by-mail state. The Pierce County Auditor’s Office (“Auditor”) normally conducts four elections per year that can be county-wide or smaller in scope. As an all vote-by-mail state all eligible voters in an election will have a ballot printed and mailed to their address on file. Ballot packets include an outgoing envelope, return envelope, secrecy envelope, ballot, and often one or more informational inserts. Additionally, Washington State allows for same day voter registration. There are three major categories of voters, standard vote by mail (VBM), overseas/military (UOCAVA), and E-ballot voters. Standard VBM ballots are mailed 18 days in advance of every election. UOCAVA ballots are mailed either 30 days or 45 days before every election. E-ballot voters are emailed a link to access an online ballot.

DESCRIPTION OF PROJECT

To provide a secure and verifiable mobile voting solution to Pierce County for use by UOCAVA voters, voters with disabilities, with possible expansion to additional voters in the future. Pierce County currently has approximately 19,000 UOCAVA voters (of which 3,500 receive an E-ballot).

The solution shall include a front-end app and shall allow access from both Android and IOS mobile devices. The app shall allow voters to sign up and access their ballot, establish identity, vote their ballot, sign a voter affidavit and return their ballot and affidavit to a secure portal.

The solution shall provide for the secure transfer of the ballot and voter affidavit, provide an election administrator voter portal, and provide for the printing of voter affidavits and the printing of Clear Ballot machine-readable ballots.

Solution shall support multiple ongoing elections at the same time and the upcoming Washington State Presidential Primary.

https://piercecountywa.procureware.com/home

https://www.piercecountywa.gov/DocumentCenter/View/78324/ProcureWare-Vendor-Registration-Instructions2

https://piercecountywa.procureware.com/home




Proposed solution shall provide voter privacy, anonymity, and secure transmission of election data and ballots.

SCOPE OF WORK

The Auditor wants to implement a mobile voting solution for the March 10, 2020 Presidential Primary Election. The solution must be in place no later than January 15, 2020 in time for this election.

The solution should include, but is not limited to, the following:

Solution Requirements. The solution must: 1. Be securely accessible through the internet to verified and authorized voters. 2. Be securely accessible through the internet to verified and authorized election administration

personnel. 3. Integrate with existing systems including VoteWA (Voter Registration and Election Management),

Clear Design (setup) and Clear Count (tabulation). 4. Provide for the initial upload, management, and update of the eligible voter list daily throughout the

45-day voting period and multiple times on Election Day. 5. Import ballots and ballot definition files from Clear Design. 6. Provide for the verification of the authenticity of the identity of the voter before granting access to

the transmission of election material. 7. Allow the voter to make and verify their selections electronically and integrate with the County for

the electronic return of the voted ballot for those voters eligible. 8. Provide help and warnings to the voter for undervoting/overvoting. 9. Provide for the return of the ballot packet including a signed affidavit. 10. Track and log session activity. 11. Allow authorized election administration personnel to manage and approve ballots for voters. 12. Copy to the County election administration personnel all email messages transmitted to voters. 13. Provide email delivery failure notices to the County election administration personnel. 14. Use U.S.-based servers for system and all components. All cloud services and cloud servers utilized

to provide solution must reside in the USA. 15. Utilize one or more email addresses established by the County as the sender for email messages

originating from the system. 16. Permit the transmission of electronic voted ballots only until 7:59:59 P.M. PST on Election Day. 17. Be ready to provide services by January 15, 2020. 18. Provide the capability for the voter to determine that the secure transmission of election material was

successful. 19. Provide the ability for County to manage voter lists (add, delete, modify). 20. Provide the ability for County to download a list of voters in the system. 21. Provide the ability for County to send messaging to voters (email, text). 22. Provide the ability for County to electronically separate ballot and affidavit upon approval and

signature verification. 23. Provide the ability for County to view and accept voters’ affidavits throughout the period leading to

Election Day, without unlocking digital ballot box. 24. Prevent voting twice. 25. Provide the ability to print Clear Ballot machine-readable ballot.


26. Provide the capability for the County to segregate rejected ballots before decryption. 27. Ensure the secrecy of each voter's ballot. 28. Provide a solution and support for a post-election audit of votes cast. 29. Use voter data for the sole purpose of deploying the solution. All necessary precautions to ensure

that voter data is protected from public disclosure pursuant to RCW 29A.08.710 and 740 – such as voter’s name, address, political jurisdiction, gender, date of birth, voting record, date of registration, and registration number – are protected and secured.

30. Comply with RCW 40.26.020 and RCW 19.375 related to biometric identifiers. 31. Retain personally identifiable information collected only as long as necessary to comply with

document retention standards provided by the County and then purge it as soon as practicable. 32. Ensure the County will not have any role in or responsibility for collection of personally identifiable

information that is temporarily stored through this solution. 33. Ensure the County will have no access to the personally identifiable information temporarily stored

through the solution.

Help Desk Services 1. A Help Desk must be provided for voters and election administration personnel. 2. Help Desk must be available twenty-four (24) hours a day, seven days a week, beginning five days

prior to Election Day. 3. Help Desk must be available from 8:00 a.m. PST to 5:00 p.m. PST, seven days a week, beginning

when ballots are transmitted to the voter through the five-day window above and continuing until 10 days after each election for election administration personnel.

4. Help Desk must provide support at a minimum by telephone, Skype (or similar technology for international callers), and email.

5. Respondent will maintain Help Desk statistics on help request volume, resolution, and response time to the County.

Training 1. Prior to the initial election, the Respondent shall train all appropriate elections personnel on the use

and administration of the system. 2. Training shall be supplemented by one or more "quick reference" guides and a user manual for use

by all appropriate elections personnel utilizing the system.

Disaster Recovery 1. The Respondent must have a disaster recovery plan and a secondary system available for use in

case a disaster causes primary system degradation and/or loss of availability.

Price Proposal Overview

1. Please provide your pricing methods for the proposed solution. Please provide a detailed pricing breakdown showing how costs can vary by elections.

2. Separately state pricing related to: a. Solution b. Training c. Ongoing Maintenance and Licensing d. Equipment


TIMELINES/SCHEDULE

Procurement & Contracting Timeline Time Date Question must be submitted, in writing, to the contact listed above 4:00 PM December 5, 2019

Proposals must be received by the Procurement & Contract Services / Finance Department 4:00 PM December 12, 2019

Proposals will be evaluated and, if multiple proposers are deemed capable of meeting the requirements, interviews may be held with proposers.

Approximately one week after due date

Estimated date of contract execution. January 6, 2020

Project Timeline Date Election setup complete, voters loaded, and ballots imported. Ready for county review and acceptance. January 15, 2020

Fully functional and ready for use by eligible voters January 23, 2020

Deadline to send UOCAVA ballots January 24, 2020

EVALUATION CRITERIA

Matters relating to qualification to meet the County's needs will receive highest priority in evaluation. Matters relating to the means of meeting those needs described in the proposal will be considered secondary. Actual prices may be used to select successful offerors, and pricing methods and flexibility offered by a proposer for use in negotiation of a resulting contract may be considered in evaluation. After a proposal is selected, the County expects to negotiate the details of work to be performed based upon the proposal and the County's needs and appropriate pricing of selected tasks. If negotiations fail for any reason, including price, the County may choose to negotiate with other vendors to obtain an appropriate contract for needed services.

Firms will be evaluated on the following criteria: 1. Approach to work: The firm's proposed approach to this work, including compliance with

requirements, innovative offerings, services offered and other related matters. 2. Capability/capacity: The ability of the firm to provide the proposed services based on the

contemplated scope of work and volume of business. 3. Experience: The experience of the firm, length of time in business, and individuals who will be

assigned to provide the proposed services, past performance when providing services to the County and other matters relating to relevant experience.

4. Cost/pricing: Overall cost effectiveness and pricing.


SUBMITTAL CHECKLIST

For proposals to be considered the following must be included in your submittal:

Name, local address, email address, and phone number of the firm making the proposal.

The names and number of years the firm has been in business under current or previous names or additional assumed business names.

The name and resume of each individual who would be assigned to this project and each individual assigned to backup each primary person in his/her absence, together with similar information for each individual to be provided under any subcontract.

The name and title of the person authorized to execute a contract on behalf of the firm.

Any additional services or procedures of benefit to the County not specifically required by this Request for Proposal, which the Contractor offers to provide.

A statement outlining any proposal exceptions to the County’s requirements or requested clarifications to the requirements.

Provide a copy of the Proposer’s Master Service Agreement outlining all terms and conditions proposed by the vendor.

Complete pricing for all services in the proposal.

References listing customers with contracts for similar services.

The caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years involving the proposer.

Required signature page for proposal and all addendum(s) with a legally binding signature.

By submitting a proposal, proposer agrees that all documents, reports, proposals, submittals, working papers, or other materials prepared by the Contractor pursuant to this proposal shall become the sole and exclusive property of the County, and the public domain, and not property of the Contractor. The Contractor shall not copyright, or cause to be copyrighted, any portion of said items submitted to the County because of this solicitation.

All of the items submitted to Pierce County should be printed on both sides of recycled paper whenever practicable.

One (1) electronic copy, in pdf format, of the complete proposal. The electronic pdf copy may be submitted via email to the email addresses on the front page of this RFP or submitted as a flash drive to the address on the front of this RFP.


RFP GENERAL TERMS AND CONDITIONS

Reserved Rights and Procedures:

1. Pierce County expressly reserves the following rights: a. To waive any and/or all irregularities in the proposals submitted. b. To reject any or all proposals or portions thereof. c. To base awards with due regard to quality of services, experience, compliance with

specifications, and other such factors as may be necessary in the circumstances. d. To make the award to any vendor or combination of vendors whose proposal(s), in the

opinion of the County, is in the best interest of the County.

2. Pierce County may return unopened any proposal or modification received after the hour and date specified.

3. Reimbursement: The County will not reimburse proposers for any costs involved in the preparation and submission of responses to this RFP or in the preparation for and attendance at subsequent interviews.

4. Cooperative Purchasing The Washington State Interlocal Cooperation Act, Ch. 39.34 RCW, authorizes public agencies to cooperatively purchase goods and services if all parties agree. By responding to this RFP, Consultants agree that other public agencies may purchase goods and services under this solicitation or contract at their own cost and without Pierce County incurring any financial or legal liability for such purchases. Pierce County agrees to allow other public agencies to purchase goods and services under this solicitation or contract, provided that Pierce County is not held financially or legally liable for purchases and that any public agency purchasing under such solicitation or contract file a copy of this invitation and such contract in accordance with RCW 39.34.040.

5. Public Records and Proprietary Material Proposers should be aware that any records they submit to the County or that are used by the County even if the proposers possess the records may be public records under the Washington Public Records Act (RCW 42.56). The County must promptly disclose public records upon request unless a statute exempts them from disclosure. Proposers should also be aware that if even a portion of a record is exempt from disclosure, generally, the rest of the record must be disclosed. Exemptions are narrow and specific. Proposers should clearly mark any record they believe is exempt from disclosure.


REQUIRED SIGNATURE PAGE FOR PROPOSAL

I, the undersigned, having carefully examined the Request for Proposals, propose to furnish services in accordance therewith as set forth in the attached proposal.

I further agree that this proposal will remain in effect for not less than sixty (60) calendar days from the date that proposals are due, and that this proposal may not be withdrawn or modified during that time.

I hereby certify that this proposal is genuine and not a sham or collusive proposal, or made in the interests or on behalf of any person not therein named; and I have not directly or indirectly induced or solicited any Contractor or supplier on the above work to put in a sham proposal or any person or corporation to refrain from submitting a proposal; and that I have not in any manner sought by collusion to secure to myself an advantage over any other contractor(s) or person(s).

In order to induce the County to consider this proposal, the proposer irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to Pierce County, and proposer further promises that it will not in the future directly or indirectly induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to Pierce County.

ADDENDA: Firm acknowledges receipt of add addenda through number

Firm Name:

Signature:

Printed Name and Title:

Firm Address:

Email: Phone Number:

MAIN CONTACT INFORMATION, if different than named above:

Printed Name and Title:

Email: Phone Number:


ATTACHMENT A – MOBILE VOTING SOLUTION RFP - QUESTIONS

**Separate Document – Found in the ‘Documents’ section of this solicitation **

ATTACHMENT B – CHAPTER 19.375 RCW – BIOMETRIC IDENTIFIERS


ATTACHMENT C – PIERCE COUNTY FORMS TO BE SUBMITTED AT AWARD


RFP No. 19-160 – Mobile Voting Solution (Attachment A) 1

ATTACHMENT A

Mobile Voting Solution RFP - Questions

Respond to each question. Points will be awarded based on your answer to each question.

1. Executive Summary – General Overview • Provide an overview of your proposed solution. • Outline the major features of the solution including security. • Describe any special benefits to the county of your proposed solution. What makes your

product superior to other systems on the market. • Describe your company history and experience, focused on election related operations. • Detail governmental and private elections experience. • Submit a project management plan and project schedule.

Click or tap here to enter text.

2. Solution Detail • Provide details of your proposed solution by responding to all solution requirements.


3. Integration • Describe your proposed solutions integration with existing systems including VoteWA

(Voter Registration and Election Management), Clear Design (setup) and Clear Count (tabulation).

• Establishing, managing, and updating the eligible voter list on a daily basis throughout the 45-day voting period and multiple times on Election Day.

• Election setup. • Importing ballots and ballot definition files. • Ease of use to proof and verify ballots and how you ensure that each voter receives the

correct ballot. Click or tap here to enter text.

4. Describe the voter’s experience


• Download and access the app. • Sign-up procedure. • Access to ballot and voter information. • Voting the ballot (undervote warnings and prevention of overvotes). • Returning ballot packet including signed affidavit. • Confirmation messages to voter. • Customer service during onboarding a voter. • Discuss accessibility for voters with disabilities and support for multiple language access.


5. Security - Describe your controls, protocols, approach to ballot security including prevention of tampering, and safeguards during transmission • Describe system security. • Describe how you prevent and react to DDOS attacks, False actors, Phishing, intrusion

detection (external and internal). • Alteration of votes transmitted. • Voter privacy and anonymity. • Encryption and cryptology. • Describe your system's security capabilities and any federal or industry standards it meets

or exceeds (EAC, NIST, NASS). • Describe in detail any security test(s) and or audits that your system has been submitted for

and the results of the test(s), e.g. who, what, when, etc. (EAC, NIST, NASS). • Describe the redundancy and backup of your system. Describe your solution and response

protocol for short term outages. • Describe your disaster recovery plan. • Describe the steps you take to protect the security of ballots. • Describe how you protect voter data from unauthorized access and use. • Describe how you protect and purge system “logs” and other underlying application

information, such as the voting data transmitted through the integrations. Click or tap here to enter text.

6. Election Administrator Portal • Ability to manage voter lists (add, delete, modify). • Ability to download a list of voters in the system. • Ability to send messaging to voters (email, text).


• Secure delivery of ballot and affidavit. • Ability to electronically separate ballot and affidavit upon approval and signature

verification. • Ability to view and accept voters’ affidavits throughout the period leading to Election Day,

without unlocking digital ballot box. • Prevent voting twice. • Ability to print Clear Ballot machine-readable ballot.


7. Post-Election Audits • By the voter. • By election administration. • By third party auditors. • Answer this question: “How do we know ballot submitted by a voter was not changed

during the voting process?” Click or tap here to enter text.

8. RCW Compliance • Describe how you meet the RCW requirements (Attachment B) related to privacy, biometric

identifiers, and safeguarding voter data. Click or tap here to enter text.

9. Qualifications and Experience • Describe your company history and experience. • Describe your specific experience providing mobile voting solutions for election ballots. • Describe the experience and qualifications of your workers who would be dedicated to this

account. Resumes of major team members may be included.


• Describe how staff and contractors are vetted that develop, support, and operate the solution, such as through citizenship verification and backgrounds checks.

• Please list primary persons and their backups. • Describe your policy or philosophy to prioritize support for your clients. All Washington

Counties have the same deadlines, how do you ensure equal and prompt support. Click or tap here to enter text.

10. Training and Support • Describe your overall approach to training and support. • Will training be performed on-site or off-site? • How do you provide future training? • Describe your support plan (online, phone, in-person).



Company Information and Qualifications

Please complete the information requested below.

1. Name of company Click or tap here to enter text. 2. Company address Click or tap here to enter text.

3. Length of time in business, under current or previous names or additional assumed business names


4. Primary contact name Click or tap here to enter text.

5. Primary contact phone Click or tap here to enter text.

6. Primary contact email Click or tap here to enter text.

7. How many employees will support the proposed solution? Where are these employees located?


8. How many employees provide implementation services (design, configuration, install, testing, training, and go-live support) for the proposed solution?


9. Do you plan to use any subcontractors? If so provide contact information for each subcontractor.



10. How many customer sites have deployed the proposed solution in a production environment. Attach a list of customers.

Click or tap here to enter text. 11. How many similar solutions have you completed in 2018 and 2019? Click or tap here to enter text.

12. Have you ever had a customer terminate mid-project due to your firm’s non-delivery of work or failure to perform. List the customer (s) and contact information, and explain the circumstances for each termination.


13. How many customers have terminated in the last five years? Provide a list of customers with contact information and reason for termination.


14. The caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past 3 years involving the proposer.



Reference Information #1

(Will only be checked for top ranked proposers)

Please provide contact information for customers with the same or similar solution. Submit a minimum of three (3) references.

Customer Name


Address


Contact Name


Title


Phone


Email


Installation Date


Solution


Total number of registered voters


Approximate number of vote-by-mail ballots processed in last large election






Customer Name


Address


Contact Name


Title


Phone


Email


Installation Date


Solution






11/20/2019 Chapter 19.375 RCW: BIOMETRIC IDENTIFIERS

https://app.leg.wa.gov/RCW/default.aspx?cite=19.375&full=true 1/3

Chapter Chapter 19.37519.375 RCW RCW

Chapter ListingChapter Listing

BIOMETRIC IDENTIFIERSBIOMETRIC IDENTIFIERS

SectionsSections

19.375.01019.375.010 Definitions.Definitions.19.375.02019.375.020 Enrollment, disclosure, and retention of biometric identifiers.Enrollment, disclosure, and retention of biometric identifiers.19.375.03019.375.030 Application of consumer protection act.Application of consumer protection act.19.375.04019.375.040 Exclusions.Exclusions.19.375.90019.375.900 FindingFinding——IntentIntent——2017 c 299.2017 c 299.

RCW RCW 19.375.01019.375.010

Definitions.Definitions.The definitions in this section apply throughout this chapter , unless the context clearly requiresThe definitions in this section apply throughout this chapter , unless the context clearly requires

otherwise.otherwise.(1) "Biometric identifier" means data generated by automatic measurements of an individual's(1) "Biometric identifier" means data generated by automatic measurements of an individual's

biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biologicalbiological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biologicalpatterns or characteristics that is used to identify a specific individual. "Biometric identifier" does notpatterns or characteristics that is used to identify a specific individual. "Biometric identifier" does notinclude a physical or digital photograph, video or audio recording or data generated therefrom, orinclude a physical or digital photograph, video or audio recording or data generated therefrom, orinformation collected, used, or stored for health care treatment, payment, or operations under the federalinformation collected, used, or stored for health care treatment, payment, or operations under the federalhealth insurance portability and accountability act of 1996.health insurance portability and accountability act of 1996.

(2) "Biometric system" means an automated identification system capable of capturing,(2) "Biometric system" means an automated identification system capable of capturing,processing, and storing a biometric identifier, comparing the biometric identifier to one or moreprocessing, and storing a biometric identifier, comparing the biometric identifier to one or morereferences, and matching the biometric identifier to a specific individual.references, and matching the biometric identifier to a specific individual.

(3) "Capture" means the process of collecting a biometric identifier from an individual.(3) "Capture" means the process of collecting a biometric identifier from an individual.(4) "Commercial purpose" means a purpose in furtherance of the sale or disclosure to a third(4) "Commercial purpose" means a purpose in furtherance of the sale or disclosure to a third

party of a biometric identifier for the purpose of marketing of goods or services when such goods orparty of a biometric identifier for the purpose of marketing of goods or services when such goods orservices are unrelated to the initial transaction in which a person first gains possession of an individual'sservices are unrelated to the initial transaction in which a person first gains possession of an individual'sbiometric identifier. "Commercial purpose" does not include a security or law enforcement purpose.biometric identifier. "Commercial purpose" does not include a security or law enforcement purpose.

(5) "Enroll" means to capture a biometric identifier of an individual, convert it into a reference(5) "Enroll" means to capture a biometric identifier of an individual, convert it into a referencetemplate that cannot be reconstructed into the original output image, and store it in a database thattemplate that cannot be reconstructed into the original output image, and store it in a database thatmatches the biometric identifier to a specific individual.matches the biometric identifier to a specific individual.

(6) "Law enforcement officer" means a law enforcement officer as defined in RCW (6) "Law enforcement officer" means a law enforcement officer as defined in RCW 9.41.0109.41.010 or a or afederal peace officer as defined in RCW federal peace officer as defined in RCW 10.93.02010.93.020..

(7) "Person" means an individual, partnership, corporation, limited liability company, organization,(7) "Person" means an individual, partnership, corporation, limited liability company, organization,association, or any other legal or commercial entity, but does not include a government agency.association, or any other legal or commercial entity, but does not include a government agency.

(8) "Security purpose" means the purpose of preventing shoplifting, fraud, or any other(8) "Security purpose" means the purpose of preventing shoplifting, fraud, or any othermisappropriation or theft of a thing of value, including tangible and intangible goods, services, and othermisappropriation or theft of a thing of value, including tangible and intangible goods, services, and otherpurposes in furtherance of protecting the security or integrity of software, accounts, applications, onlinepurposes in furtherance of protecting the security or integrity of software, accounts, applications, onlineservices, or any person.services, or any person.

[ [ 2017 c 299 § 3.2017 c 299 § 3.]]

http://app.leg.wa.gov/RCW/default.aspx?cite=19.375

https://app.leg.wa.gov/RCW/default.aspx?cite=19.375

http://app.leg.wa.gov/RCW/default.aspx?cite=19.375.010



http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/House/1493-S.SL.pdf?cite=2017%20c%20299%20%C2%A7%203.



RCW RCW 19.375.02019.375.020

Enrollment, disclosure, and retention of biometric identifiers.Enrollment, disclosure, and retention of biometric identifiers.(1) A person may not enroll a biometric identifier in a database for a commercial purpose, without(1) A person may not enroll a biometric identifier in a database for a commercial purpose, without

first providing notice, obtaining consent, or providing a mechanism to prevent the subsequent use of afirst providing notice, obtaining consent, or providing a mechanism to prevent the subsequent use of abiometric identifier for a commercial purpose.biometric identifier for a commercial purpose.

(2) Notice is a disclosure, that is not considered affirmative consent, that is given through a(2) Notice is a disclosure, that is not considered affirmative consent, that is given through aprocedure reasonably designed to be readily available to affected individuals. The exact notice and typeprocedure reasonably designed to be readily available to affected individuals. The exact notice and typeof consent required to achieve compliance with subsection (1) of this section is context-dependent.of consent required to achieve compliance with subsection (1) of this section is context-dependent.

(3) Unless consent has been obtained from the individual, a person who has enrolled an(3) Unless consent has been obtained from the individual, a person who has enrolled anindividual's biometric identifier may not sell, lease, or otherwise disclose the biometric identifier toindividual's biometric identifier may not sell, lease, or otherwise disclose the biometric identifier toanother person for a commercial purpose unless the disclosure:another person for a commercial purpose unless the disclosure:

(a) Is consistent with subsections (1), (2), and (4) of this section;(a) Is consistent with subsections (1), (2), and (4) of this section;(b) Is necessary to provide a product or service subscribed to, requested, or expressly authorized(b) Is necessary to provide a product or service subscribed to, requested, or expressly authorized

by the individual;by the individual;(c) Is necessary to effect, administer, enforce, or complete a financial transaction that the(c) Is necessary to effect, administer, enforce, or complete a financial transaction that the

individual requested, initiated, or authorized, and the third party to whom the biometric identifier isindividual requested, initiated, or authorized, and the third party to whom the biometric identifier isdisclosed maintains confidentiality of the biometric identifier and does not further disclose the biometricdisclosed maintains confidentiality of the biometric identifier and does not further disclose the biometricidentifier except as otherwise permitted under this subsection (3);identifier except as otherwise permitted under this subsection (3);

(d) Is required or expressly authorized by a federal or state statute, or court order;(d) Is required or expressly authorized by a federal or state statute, or court order;(e) Is made to a third party who contractually promises that the biometric identifier will not be(e) Is made to a third party who contractually promises that the biometric identifier will not be

further disclosed and will not be enrolled in a database for a commercial purpose inconsistent with thefurther disclosed and will not be enrolled in a database for a commercial purpose inconsistent with thenotice and consent described in this subsection (3) and subsections (1) and (2) of this section; ornotice and consent described in this subsection (3) and subsections (1) and (2) of this section; or

(f) Is made to prepare for litigation or to respond to or participate in judicial process.(f) Is made to prepare for litigation or to respond to or participate in judicial process.(4) A person who knowingly possesses a biometric identifier of an individual that has been(4) A person who knowingly possesses a biometric identifier of an individual that has been

enrolled for a commercial purpose:enrolled for a commercial purpose:(a) Must take reasonable care to guard against unauthorized access to and acquisition of(a) Must take reasonable care to guard against unauthorized access to and acquisition of

biometric identifiers that are in the possession or under the control of the person; andbiometric identifiers that are in the possession or under the control of the person; and(b) May retain the biometric identifier no longer than is reasonably necessary to:(b) May retain the biometric identifier no longer than is reasonably necessary to:(i) Comply with a court order, statute, or public records retention schedule specified under(i) Comply with a court order, statute, or public records retention schedule specified under

federal, state, or local law;federal, state, or local law;(ii) Protect against or prevent actual or potential fraud, criminal activity, claims, security threats, or(ii) Protect against or prevent actual or potential fraud, criminal activity, claims, security threats, or

liability; andliability; and(iii) Provide the services for which the biometric identifier was enrolled.(iii) Provide the services for which the biometric identifier was enrolled.(5) A person who enrolls a biometric identifier of an individual for a commercial purpose or(5) A person who enrolls a biometric identifier of an individual for a commercial purpose or

obtains a biometric identifier of an individual from a third party for a commercial purpose pursuant to thisobtains a biometric identifier of an individual from a third party for a commercial purpose pursuant to thissection may not use or disclose it in a manner that is materially inconsistent with the terms under whichsection may not use or disclose it in a manner that is materially inconsistent with the terms under whichthe biometric identifier was originally provided without obtaining consent for the new terms of use orthe biometric identifier was originally provided without obtaining consent for the new terms of use ordisclosure.disclosure.

(6) The limitations on disclosure and retention of biometric identifiers provided in this section do(6) The limitations on disclosure and retention of biometric identifiers provided in this section donot apply to disclosure or retention of biometric identifiers that have been unenrolled.not apply to disclosure or retention of biometric identifiers that have been unenrolled.

(7) Nothing in this section requires an entity to provide notice and obtain consent to collect,(7) Nothing in this section requires an entity to provide notice and obtain consent to collect,capture, or enroll a biometric identifier and store it in a biometric system, or otherwise, in furtherance of acapture, or enroll a biometric identifier and store it in a biometric system, or otherwise, in furtherance of asecurity purpose.security purpose.

[ [ 2017 c 299 § 2.2017 c 299 § 2.]]

RCW RCW 19.375.03019.375.030






Application of consumer protection act.Application of consumer protection act.(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the

public interest for the purpose of applying the consumer protection act, chapter public interest for the purpose of applying the consumer protection act, chapter 19.8619.86 RCW. A violation RCW. A violationof this chapter is not reasonable in relation to the development and preservation of business and is anof this chapter is not reasonable in relation to the development and preservation of business and is anunfair or deceptive act in trade or commerce and an unfair method of competition for the purpose ofunfair or deceptive act in trade or commerce and an unfair method of competition for the purpose ofapplying the consumer protection act, chapter applying the consumer protection act, chapter 19.8619.86 RCW. RCW.

(2) This chapter may be enforced solely by the attorney general under the consumer protection(2) This chapter may be enforced solely by the attorney general under the consumer protectionact, chapter act, chapter 19.8619.86 RCW. RCW.

[ [ 2017 c 299 § 4.2017 c 299 § 4.]]

RCW RCW 19.375.04019.375.040

Exclusions.Exclusions.(1) Nothing in this chapter applies in any manner to a financial institution or an affiliate of a(1) Nothing in this chapter applies in any manner to a financial institution or an affiliate of a

financial institution that is subject to Title V of the federal Gramm-Leach-Bliley act of 1999 and the rulesfinancial institution that is subject to Title V of the federal Gramm-Leach-Bliley act of 1999 and the rulespromulgated thereunder.promulgated thereunder.

(2) Nothing in this chapter applies to activities subject to Title V of the federal health insurance(2) Nothing in this chapter applies to activities subject to Title V of the federal health insuranceprivacy and portability act of 1996 and the rules promulgated thereunder.privacy and portability act of 1996 and the rules promulgated thereunder.

(3) Nothing in this chapter expands or limits the authority of a law enforcement officer acting(3) Nothing in this chapter expands or limits the authority of a law enforcement officer actingwithin the scope of his or her authority including, but not limited to, the authority of a state lawwithin the scope of his or her authority including, but not limited to, the authority of a state lawenforcement officer in executing lawful searches and seizures.enforcement officer in executing lawful searches and seizures.

[ [ 2017 c 299 § 5.2017 c 299 § 5.]]

RCW RCW 19.375.90019.375.900

FindingFinding——IntentIntent——2017 c 299.2017 c 299.The legislature finds that citizens of Washington are increasingly asked to disclose sensitiveThe legislature finds that citizens of Washington are increasingly asked to disclose sensitive

biological information that uniquely identifies them for commerce, security, and convenience. Thebiological information that uniquely identifies them for commerce, security, and convenience. Thecollection and marketing of biometric information about individuals, without consent or knowledge of thecollection and marketing of biometric information about individuals, without consent or knowledge of theindividual whose data is collected, is of increasing concern. The legislature intends to require a businessindividual whose data is collected, is of increasing concern. The legislature intends to require a businessthat collects and can attribute biometric data to a specific uniquely identified individual to disclose how itthat collects and can attribute biometric data to a specific uniquely identified individual to disclose how ituses that biometric data, and provide notice to and obtain consent from an individual before enrolling oruses that biometric data, and provide notice to and obtain consent from an individual before enrolling orchanging the use of that individual's biometric identifiers in a database.changing the use of that individual's biometric identifiers in a database.

[ [ 2017 c 299 § 1.2017 c 299 § 1.]]









11/20/2019 RCW 29A.08.710: Originals and automated files—Public disclosure.

https://apps.leg.wa.gov/rcw/default.aspx?cite=29A.08.710 1/1

RCW RCW 29A.08.71029A.08.710

Originals and automated filesOriginals and automated files——Public disclosure.Public disclosure.(1) The county auditor shall have custody of the original voter registration records and voter(1) The county auditor shall have custody of the original voter registration records and voter

registration sign up records for each county. The original voter registration form must be filed withoutregistration sign up records for each county. The original voter registration form must be filed withoutregard to precinct and is considered confidential and unavailable for public inspection and copying. Anregard to precinct and is considered confidential and unavailable for public inspection and copying. Anautomated file of all registered voters must be maintained pursuant to RCW automated file of all registered voters must be maintained pursuant to RCW 29A.08.12529A.08.125. An auditor may. An auditor maymaintain the automated file in lieu of filing or maintaining the original voter registration forms if themaintain the automated file in lieu of filing or maintaining the original voter registration forms if theautomated file includes all of the information from the original voter registration forms including, but notautomated file includes all of the information from the original voter registration forms including, but notlimited to, a retrievable facsimile of each voter's signature.limited to, a retrievable facsimile of each voter's signature.

(2)(a) The following information contained in voter registration records or files regarding a voter or(2)(a) The following information contained in voter registration records or files regarding a voter ora group of voters is available for public inspection and copying, except as provided in RCW a group of voters is available for public inspection and copying, except as provided in RCW 40.24.06040.24.060and (b) of this subsection: The voter's name, address, political jurisdiction, gender, date of birth, votingand (b) of this subsection: The voter's name, address, political jurisdiction, gender, date of birth, votingrecord, date of registration, and registration number. No other information from voter registration recordsrecord, date of registration, and registration number. No other information from voter registration recordsor files is available for public inspection or copying.or files is available for public inspection or copying.

(b) The personally identifiable information of individuals who are under the age of eighteen are(b) The personally identifiable information of individuals who are under the age of eighteen areexempt from public inspection and copying until the subject of the record is eighteen years of age,exempt from public inspection and copying until the subject of the record is eighteen years of age,except for the purpose of processing and delivering ballots.except for the purpose of processing and delivering ballots.

[ [ 2018 c 109 § 10;2018 c 109 § 10; 2005 c 246 § 17;2005 c 246 § 17; 2004 c 267 § 133;2004 c 267 § 133; 2003 c 111 § 246;2003 c 111 § 246; 1994 c 57 § 17;1994 c 57 § 17; 1991 c 81 §1991 c 81 §21;21; 1971 ex.s. c 202 § 17;1971 ex.s. c 202 § 17; 1965 c 9 § 29.07.130.1965 c 9 § 29.07.130. Prior: 1933 c 1 § 13, part; RRS § 5114-13, part. Prior: 1933 c 1 § 13, part; RRS § 5114-13, part.Formerly RCW Formerly RCW 29.07.13029.07.130.].]

NOTES:NOTES:

FindingsFindings——IntentIntent——Effective dateEffective date——2018 c 109:2018 c 109: See notes following RCW See notes following RCW 29A.08.17029A.08.170..

Effective dateEffective date——2005 c 246:2005 c 246: See note following RCW See note following RCW 10.64.14010.64.140..

Effective datesEffective dates——2004 c 267:2004 c 267: See note following RCW See note following RCW 29A.08.01029A.08.010..

SeverabilitySeverability——1994 c 57:1994 c 57: See note following RCW See note following RCW 29A.16.04029A.16.040..

Effective dateEffective date——1991 c 81:1991 c 81: See note following RCW See note following RCW 29A.84.54029A.84.540..

http://app.leg.wa.gov/RCW/default.aspx?cite=29A.08.710



http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/House/1513-S2.SL.pdf?cite=2018%20c%20109%20%C2%A7%2010;

http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/5743-S.SL.pdf?cite=2005%20c%20246%20%C2%A7%2017;




http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/House/1072.SL.pdf?cite=1991%20c%2081%20%C2%A7%2021;

http://leg.wa.gov/CodeReviser/documents/sessionlaw/1971ex1c202.pdf?cite=1971%20ex.s.%20c%20202%20%C2%A7%2017;

http://leg.wa.gov/CodeReviser/documents/sessionlaw/1965c9.pdf?cite=1965%20c%209%20%C2%A7%2029.07.130.







11/20/2019 RCW 29A.08.740: Violations of restricted use of registered voter data—Penalties—Liabilities.

https://apps.leg.wa.gov/rcw/default.aspx?cite=29A.08.740 1/1

RCW RCW 29A.08.74029A.08.740

Violations of restricted use of registered voter dataViolations of restricted use of registered voter data——PenaltiesPenalties——Liabilities.Liabilities.(1) Any person who uses registered voter data furnished under RCW (1) Any person who uses registered voter data furnished under RCW 29A.08.72029A.08.720 for the purpose for the purpose

of mailing or delivering any advertisement or offer for any property, establishment, organization, product,of mailing or delivering any advertisement or offer for any property, establishment, organization, product,or service or for the purpose of mailing or delivering any solicitation for money, services, or anything ofor service or for the purpose of mailing or delivering any solicitation for money, services, or anything ofvalue is guilty of a class C felony punishable by imprisonment in a state correctional facility for a periodvalue is guilty of a class C felony punishable by imprisonment in a state correctional facility for a periodof not more than five years or a fine of not more than ten thousand dollars or both such fine andof not more than five years or a fine of not more than ten thousand dollars or both such fine andimprisonment, and is liable to each person provided such advertisement or solicitation, without theimprisonment, and is liable to each person provided such advertisement or solicitation, without theperson's consent, for the nuisance value of such person having to dispose of it, which value is hereinperson's consent, for the nuisance value of such person having to dispose of it, which value is hereinestablished at five dollars for each item mailed or delivered to the person's residence. However, a personestablished at five dollars for each item mailed or delivered to the person's residence. However, a personwho mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable underwho mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable underthis section unless the person is liable under subsection (2) of this section. For purposes of thisthis section unless the person is liable under subsection (2) of this section. For purposes of thissubsection, two or more attached papers or sheets or two or more papers that are enclosed in the samesubsection, two or more attached papers or sheets or two or more papers that are enclosed in the sameenvelope or container or are folded together are one item. Merely having a mailbox or other receptacleenvelope or container or are folded together are one item. Merely having a mailbox or other receptaclefor mail on or near the person's residence is not an indication that the person consented to receive thefor mail on or near the person's residence is not an indication that the person consented to receive theadvertisement or solicitation. A class action may be brought to recover damages under this section, andadvertisement or solicitation. A class action may be brought to recover damages under this section, andthe court may award a reasonable attorney's fee to any party recovering damages under this section.the court may award a reasonable attorney's fee to any party recovering damages under this section.

(2) Each person furnished data under RCW (2) Each person furnished data under RCW 29A.08.72029A.08.720 shall take reasonable precautions shall take reasonable precautionsdesigned to assure that the data is not used for the purpose of mailing or delivering any advertisement ordesigned to assure that the data is not used for the purpose of mailing or delivering any advertisement oroffer for any property, establishment, organization, product, or service or for the purpose of mailing oroffer for any property, establishment, organization, product, or service or for the purpose of mailing ordelivering any solicitation for money, services, or anything of value. However, the data may be used fordelivering any solicitation for money, services, or anything of value. However, the data may be used forany political purpose. Where failure to exercise due care in carrying out this responsibility results in theany political purpose. Where failure to exercise due care in carrying out this responsibility results in thedata being used for such purposes, then such person is jointly and severally liable for damages underdata being used for such purposes, then such person is jointly and severally liable for damages undersubsection (1) of this section along with any other person liable under subsection (1) of this section forsubsection (1) of this section along with any other person liable under subsection (1) of this section forthe misuse of such data.the misuse of such data.

[ [ 2005 c 246 § 19.2005 c 246 § 19. Prior: Prior: 2003 c 111 § 249;2003 c 111 § 249; 2003 c 53 § 176;2003 c 53 § 176; 1999 c 298 § 2;1999 c 298 § 2; 1992 c 7 § 32;1992 c 7 § 32; 1974 ex.s.1974 ex.s.c 127 § 3;c 127 § 3; 1973 1st ex.s. c 111 § 4.1973 1st ex.s. c 111 § 4. Formerly RCW Formerly RCW 29.04.12029.04.120.].]

NOTES:NOTES:

Effective dateEffective date——2005 c 246:2005 c 246: See note following RCW See note following RCW 10.64.14010.64.140..

IntentIntent——Effective dateEffective date——2003 c 53:2003 c 53: See notes following RCW See notes following RCW 2.48.1802.48.180..




http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/5743-S.SL.pdf?cite=2005%20c%20246%20%C2%A7%2019.


http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/Senate/5758.SL.pdf?cite=2003%20c%2053%20%C2%A7%20176;

http://lawfilesext.leg.wa.gov/biennium/1999-00/Pdf/Bills/Session%20Laws/House/1291-S.SL.pdf?cite=1999%20c%20298%20%C2%A7%202;

http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/House/2263-S.SL.pdf?cite=1992%20c%207%20%C2%A7%2032;

http://leg.wa.gov/CodeReviser/documents/sessionlaw/1974ex1c127.pdf?cite=1974%20ex.s.%20c%20127%20%C2%A7%203;

http://leg.wa.gov/CodeReviser/documents/sessionlaw/1973ex1c111.pdf?cite=1973%201st%20ex.s.%20c%20111%20%C2%A7%204.




11/20/2019 RCW 40.26.020: Biometric identifiers—Notice and consent—Agencies—Use, storage, retention—Review—Definitions—Exceptions.

https://app.leg.wa.gov/RCW/default.aspx?cite=40.26.020 1/2

RCW RCW 40.26.02040.26.020

Biometric identifiersBiometric identifiers——Notice and consentNotice and consent——AgenciesAgencies——Use, storage, retentionUse, storage, retention——ReviewReview——DefinitionsDefinitions——Exceptions.Exceptions.

(1) Unless authorized by law, an agency may not collect, capture, purchase, or otherwise obtain a(1) Unless authorized by law, an agency may not collect, capture, purchase, or otherwise obtain abiometric identifier without first providing notice and obtaining the individual's consent, as follows:biometric identifier without first providing notice and obtaining the individual's consent, as follows:

(a) The notice provided must clearly specify the purpose and use of the biometric identifier; and(a) The notice provided must clearly specify the purpose and use of the biometric identifier; and(b) The consent obtained must be specific to the terms of the notice, and must be recorded and(b) The consent obtained must be specific to the terms of the notice, and must be recorded and

maintained by the agency for the duration of the retention of the biometric identifier.maintained by the agency for the duration of the retention of the biometric identifier.(2) Any biometric identifier obtained by an agency:(2) Any biometric identifier obtained by an agency:(a) May not be sold;(a) May not be sold;(b) May only be used consistent with the terms of the notice and consent obtained under(b) May only be used consistent with the terms of the notice and consent obtained under

subsection (1) of this section, or as authorized by law; andsubsection (1) of this section, or as authorized by law; and(c) May be shared, including with other state agencies or local governments, only:(c) May be shared, including with other state agencies or local governments, only:(i) As needed to execute the purposes of the collection, consistent with the notice and consent(i) As needed to execute the purposes of the collection, consistent with the notice and consent

obtained under subsection (1) of this section, or as authorized by law; orobtained under subsection (1) of this section, or as authorized by law; or(ii) If such sharing is specified within the original consent.(ii) If such sharing is specified within the original consent.(3) An agency that collects, purchases, or otherwise obtains biometric identifiers must:(3) An agency that collects, purchases, or otherwise obtains biometric identifiers must:(a) Establish security policies that ensure the integrity and appropriate confidentiality of the(a) Establish security policies that ensure the integrity and appropriate confidentiality of the

biometric identifiers;biometric identifiers;(b) Address biometric identifiers in the agency's privacy policies;(b) Address biometric identifiers in the agency's privacy policies;(c) Only retain biometric identifiers necessary to fulfill the original purpose and use, as specified(c) Only retain biometric identifiers necessary to fulfill the original purpose and use, as specified

in the notice and consent obtained under subsection (1) of this section, or as authorized by law;in the notice and consent obtained under subsection (1) of this section, or as authorized by law;(d) Set record retention schedules tailored to the original purpose of the collection of biometric(d) Set record retention schedules tailored to the original purpose of the collection of biometric

identifiers;identifiers;(e) Otherwise minimize the review and retention of the biometric identifiers, consistent with state(e) Otherwise minimize the review and retention of the biometric identifiers, consistent with state

record retention requirements; andrecord retention requirements; and(f) Design a biometric policy to ensure that the agency is minimizing the collection of biometric(f) Design a biometric policy to ensure that the agency is minimizing the collection of biometric

identifiers to the fewest number necessary to accomplish the agency mission.identifiers to the fewest number necessary to accomplish the agency mission.(4) The use and storage of biometric identifiers obtained by an agency must comply with all other(4) The use and storage of biometric identifiers obtained by an agency must comply with all other

applicable state and federal laws and regulations, including the health insurance portability andapplicable state and federal laws and regulations, including the health insurance portability andaccountability act (HIPAA), the family educational rights and privacy act (FERPA), regulations regardingaccountability act (HIPAA), the family educational rights and privacy act (FERPA), regulations regardingdata breach notifications and individual privacy protections, and any policies or standards published bydata breach notifications and individual privacy protections, and any policies or standards published bythe office of the chief information officer.the office of the chief information officer.

(5) Biometric identifiers may not be disclosed under the public records act, chapter (5) Biometric identifiers may not be disclosed under the public records act, chapter 42.5642.56 RCW. RCW.(6) Agency policies, regulations, guidance, and retention schedules regarding biometric identifiers(6) Agency policies, regulations, guidance, and retention schedules regarding biometric identifiers

must be reviewed annually to incorporate any new technology, as appropriate, and respond to citizenmust be reviewed annually to incorporate any new technology, as appropriate, and respond to citizencomplaints.complaints.

(7) The definitions in this subsection apply throughout this section unless the context requires(7) The definitions in this subsection apply throughout this section unless the context requiresotherwise.otherwise.

(a) "Agency" means every state office, department, division, bureau, board, commission, or other(a) "Agency" means every state office, department, division, bureau, board, commission, or otherstate agency.state agency.

(b) "Biometric identifier" means any information, regardless of how it is captured, converted,(b) "Biometric identifier" means any information, regardless of how it is captured, converted,stored, or shared, based on an individual's retina or iris scan, fingerprint, voiceprint, DNA, or scan ofstored, or shared, based on an individual's retina or iris scan, fingerprint, voiceprint, DNA, or scan ofhand or face geometry, except when such information is derived from:hand or face geometry, except when such information is derived from:

(i) Writing samples, written signatures, photographs, human biological samples used for valid(i) Writing samples, written signatures, photographs, human biological samples used for validscientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such asscientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such asheight, weight, hair color, or eye color;height, weight, hair color, or eye color;

(ii) Donated organ tissues or parts, or blood or serum stored on behalf of recipients or potential(ii) Donated organ tissues or parts, or blood or serum stored on behalf of recipients or potentialrecipients of living or cadaveric transplants and obtained or stored by a federally designated organrecipients of living or cadaveric transplants and obtained or stored by a federally designated organ



11/20/2019 RCW 40.26.020: Biometric identifiers—Notice and consent—Agencies—Use, storage, retention—Review—Definitions—Exceptions.

https://app.leg.wa.gov/RCW/default.aspx?cite=40.26.020 2/2

procurement agency;procurement agency;(iii) Information captured from a patient in a health care setting or information collected, used, or(iii) Information captured from a patient in a health care setting or information collected, used, or

stored for health care treatment, payment, or operations under the federal health insurance portabilitystored for health care treatment, payment, or operations under the federal health insurance portabilityand accountability act of 1996; orand accountability act of 1996; or

(iv) X-ray, roentgen process, computed tomography, magnetic resonance imaging (MRI), positron(iv) X-ray, roentgen process, computed tomography, magnetic resonance imaging (MRI), positronemission tomography (PET) scan, mammography, or other image or film of the human anatomy used toemission tomography (PET) scan, mammography, or other image or film of the human anatomy used todiagnose, develop a prognosis for, or treat an illness or other medical condition or to further validatediagnose, develop a prognosis for, or treat an illness or other medical condition or to further validatescientific testing or screening.scientific testing or screening.

(8) Subsection (1) of this section does not apply to general authority Washington law enforcement(8) Subsection (1) of this section does not apply to general authority Washington law enforcementagencies, as defined under RCW agencies, as defined under RCW 10.93.02010.93.020..

(9)(a) For purposes of the restrictions and obligations in subsection (1) of this section, "biometric(9)(a) For purposes of the restrictions and obligations in subsection (1) of this section, "biometricidentifier" does not include fingerprints or DNA for the following:identifier" does not include fingerprints or DNA for the following:

(i) Limited authority Washington law enforcement agencies, as defined under RCW (i) Limited authority Washington law enforcement agencies, as defined under RCW 10.93.02010.93.020;;(ii) Agencies authorized by statute to confine a person involuntarily, or to petition for such(ii) Agencies authorized by statute to confine a person involuntarily, or to petition for such

confinement; andconfinement; and(iii) The attorney general's office when obtaining or using biometric identifiers is necessary for law(iii) The attorney general's office when obtaining or using biometric identifiers is necessary for law

enforcement, legal advice, or legal representation.enforcement, legal advice, or legal representation.(b) When an agency listed under (a) of this subsection has a need to collect, capture, purchase,(b) When an agency listed under (a) of this subsection has a need to collect, capture, purchase,

or otherwise obtain a biometric identifier other than a fingerprint or DNA to fulfill a purpose authorized byor otherwise obtain a biometric identifier other than a fingerprint or DNA to fulfill a purpose authorized bylaw, for either an individual circumstance or a categorical circumstance, the requirements of subsectionlaw, for either an individual circumstance or a categorical circumstance, the requirements of subsection(1) of this section are waived upon such agency providing prompt written notice to the state's chief(1) of this section are waived upon such agency providing prompt written notice to the state's chiefprivacy officer and to the appropriate committees of the legislature, stating the type of biometric identifierprivacy officer and to the appropriate committees of the legislature, stating the type of biometric identifierat issue and the general circumstances requiring the waiver.at issue and the general circumstances requiring the waiver.

[ [ 2017 2nd sp.s. c 1 § 1;2017 2nd sp.s. c 1 § 1; 2017 c 306 § 2.2017 c 306 § 2.]]

NOTES:NOTES:

Effective dateEffective date——2017 2nd sp.s. c 1:2017 2nd sp.s. c 1: "This act is necessary for the immediate preservation of "This act is necessary for the immediate preservation ofthe public peace, health, or safety, or support of the state government and its existing public institutions,the public peace, health, or safety, or support of the state government and its existing public institutions,and takes effect on the date that Substitute House Bill No. 1717 takes effect [July 23, 2017]." [ and takes effect on the date that Substitute House Bill No. 1717 takes effect [July 23, 2017]." [ 2017 2nd2017 2ndsp.s. c 1 § 2.sp.s. c 1 § 2.]]



http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/House/2213.SL.pdf?cite=2017%202nd%20sp.s.%20c%201%20%C2%A7%201;


http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/House/2213.SL.pdf?cite=2017%202nd%20sp.s.%20c%201%20%C2%A7%202.

Contractor Name: Contract No.

Rev. 4/4/19 Page 11 of 17

SUBCONTRACTORS PARTICIPATION FORM FOR PROFESSIONAL, TECHNICAL, SUPPLY OR SERVICE PSAS Check appropriate statement below: Our firm will perform all contracted scope of work tasks. Our firm will subcontract a portion of the work tasks. The following firms were contacted and will be utilized in the

performance of the work as indicated below. List all potential subcontracting firms. Do not mark “N/A” unless the Bidder will perform all work or provide all supplies or services for this contract.

Firm Name/Address/Phone Work Item(s) Solicited Proposal Amount

Awarded? (yes/no)

1. List full name, address, and phone number of each firm listed to be utilized.

2. List specific work to be accomplished, supplies to be furnished and the amount proposed for each subcontract.

3. Contact the Pierce County Contract Compliance Officer at (253) 798-7250 if you have questions. BY: __________________________________________ DATE: __________________

TITLE: ________________________________________ PHONE: ________________

Revised (6/99)

Contractor Name: Contract No.

Rev. 4/4/19 Page 12 of 17

PERSONNEL WORKFORCE DATA FORM

FIRM NAME

ADDRESS

CITY, STATE, ZIP

PHONE

PROJECT

PROJECT #

CONTRACT WORK HOURS (if applicable)

TYPE OF SERVICE PROVIDED

CONTRACTORS AGGREGATE WORK FORCE – if you need additional space, photo copy this section and attach it to this form.

OCCUPATION TOTAL

EMPLOYED TOTAL

MINORITY NATIVE

AMERCIAN ASIAN BLACK HISPANIC APPRENTICE/

TRAINEE M F M F M F M F M F M F M F

Management

Professionals

Technicians

Administrative

Other

TOTALS

PIERCE COUNTY REQUEST FOR PROPOSAL NUMBER 19-160 …

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Transcript of PIERCE COUNTY REQUEST FOR PROPOSAL NUMBER 19-160 …