1975 Revised Code of Washington Supplement part 2: Titles 1 through 39
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TITLES 1-91
Chapter 1.20
GENERAL PROVISIONS
Title 1
GENERAL PROVISIONS
Sections
Chapters
1.16
General definitions.
1.20
General provisions.
1.20.090
1.20.090 State gem. Petrified wood is hereby designated as the official gem of the state of Washington.
[1975 c 8 § l.]
Chapter 1.16
GENERAL DEFINITIONS
Title 2
COURTS OF RECORD
Sections
1.16.050
"Legal holidays"
1.16.050 "Legal holidays". The following are legal
holidays: Sunday; the first day of January, commonly
called New Year's Day; the twelfth day of February,
being the anniversary of the birth of Abraham Lincoln;
the third Monday of February, being celebrated as the
anniversary of the birth of George Washington; the
thirtieth day of May, commonly known as Memorial
Day; the fourth day of July, being the anniversary of
the Declaration of Independence; the first Monday in
September, to be known as Labor Day; the second
Monday of October, to be known as Columbus Day;
the eleventh day of November, to be known as Veterans' Day; the fourth Thursday in November, to be
known as Thanksgiving Day; the twenty-fifth day of
December, commonly called Christmas Day; the day
on which any general election is held throughout the
state; and any day designated by public proclamation
of the chief executive of the state as a legal holiday.
If any of the above specified state legal holidays are
also federal legal holidays but observed on different
dates, only the state legal holidays shall be recognized
as a paid legal holiday for employees of the s~at~ and its
political subdivisions except that for port distncts and
the law enforcement and public transit employees of
municipal corporations, either the federal or the state
legal holiday, but in no case both, may be recognized as
a paid legal holiday for employees.
Whenever any legal holiday, other than Sunday, falls
upon a Sunday, the following Monday shall be a legal
holiday. [1975 1st ex.s. c 194 § 1; 1973 2nd ex.s. c 1 § 1;
1969 c 11§1; 1955 c 20 § 1; 1927 c 51 § 1; RRS § 61.
Prior: 1895 c 3 § 1; 1891 c 41 § 1; 1888 p 107 § l.]
Effective date---1969 c 11: "The effective date of this act shall be
January l, 1971." [1969 c 11 § 2.] "this act" refers to the 1969
amendment to this section.
Court business on legal holidays: RCW 2.28.100, 2.28.110.
School holidays: RCW 28A.02.06J.
State gem.
Chapters
2.04
Supreme court.
2.06
Court of appeals.
2.08
Superior courts.
2.32
Court clerks, reporters, and bailiffs.
2.36
Juries.
State bar act.
2.48
Chapter 2.04
SUPREME COURT ,,, ,
Sections
2.04.090
Salary-Timely completion of opinions required.
2.04.090 Salary--Timely completion of opinions
required. Each justice of the supreme court shall receive
an annual salary of thirty-nine thousand four hundred
twelve dollars, but no salary warrant shall be issued to
any judge of the supreme court until he shall have made
and filed with the state treasurer an affidavit that no
matter referred to him for opinion or decision has been
uncompleted or undecided by him for more than six
months. [1975 1st ex.s. c 263 § 2; 1974 ex.s. c 149 § 3
(Initiative Measure No. 282); 1973 c 106 § 2; 1972 ex.s
c 100 § 1; 1965 ex.s. c 127 § 1; 1957 c 260 § 1; 1953 c
144 § 1. Prior: 1949 c 48 § 2, part; 1947 c 194 § 1, part;
1943 c 50 § 1, part; 1921 c 188 § 1, part; 1919 c 77 § 1,
part; 1907 c 57 § 1, part; Rem. Supp. 1949 § 11053,
part.]
Severability-1975 1st ex.s. c 263: See note following RCW
43.03.010.
Severability-1974 ex.s. c 149 (Initiative Measure No. 282): See
note following RCW 43.03.010.
Construction-1965 ex.s. c 127: "The salary increases provided
for herein shall take effect at the earliest time allowable by the Constitution of the state of Washington, including Article II, section 13,
Article II, section 25, Article IV, section 13, and Article XXVIII:
Provided, That it is the intent of the legislature that nothing in this act
shall render a member of the legislature or of the judiciary ineligible
to file for and be elected to the legislature or the judiciary respectively." [1965 ex.s. c 127 § 5.] "this act" [1965 ex.s. c 127) is codified as
RCW 2.04.090, 2.08.090, 43.03.010 and 44.04.080.
(1975 RCW Supp---p 51)
2.04.090
Title 2:
Courts of Record
Construction--1953 c 144: "Nothing contained in this act shall
affect the salar~ of any judge now in office during the term for which
he was elected." (1953 c 144 § 3.) This applies to RCW 2.04.090 and
2.08.090.
Salaries of judicial officers: State Constitution Art. 4 §§ 13, 14; Art.
30 § 1.
Chapter 2.06
COURT OF APPEALS
Sections
2.06.060
Salaries-Timely completion of opinions required.
2.06.060 Salaries--Timely completion of opinions
required. Each judge of the court shall receive an annual salary of thirty-six thousand three hundred twentyfive dollars, but no salary warrant shall be issued to any
judge until he shall have made and filed with the state
treasurer an affidavit that no matter referred to him for
opinion or decision has been uncompleted by him for
more than three months. [1975 !st ex.s. c 263 § 3; 1974
ex.s. c 149 § 4 (Initiative Measure No. 282); 1973 c 106
§ 3; 1972 ex.s. c 100 § 2; 1969 ex.s. c 221 § 6.]
Severability--1975 1st ex.s. c 263: See note following RCW
43.03.010.
Severability-1974 ex.s. c 149 (Initiative Measure No. 282): See
note following RCW 43.03.010.
Chapter 2.08
SUPERIOR COURTS
Sections
2.08.063
2.08.090
Judges-Lincoln, Skagit, Walla Walla, Whitman,
Yakima, Adams, and Whatcom counties.
Salary.
2.08.063 Judges--Lincoln, Skagit, Walla Walla,
Whitman, Yakima, Adams, and Whatcom counties. There
shall be in the county of Lincoln one judge of the superior court: in the county of Skagit, two judges of the
superior court; in the county of Walla Walla,_ two judges of the superior court; in the county of Whitman, ?ne
judge of the superior cou_rt; in the ~ounty of Yakima
five judges of the supenor court; m t~e county of
Adams, one judge of the superior court; m the county
of Whatcom, three judges of the superior court. [ 1975
1st ex.s. c 49 § I; 1973 1st ex.s. c 27 § 2; 1971 ex.s. c 83
§ I; 1963 c 48 § 3; 1955 c 19 §I; 1951c125 § 5. Prior:
1949 c 237 §§ 2, 4; 1945 c 20 § 1, part; 1927 c 135 § 1,
part; 1917 c 97 § 5, part; 1911c62 § l; 1911c129 § 2,
part; 1907 c 79 § 1, part; 1895 c 89 § 1, part; 1891 c 68
§ 3, part; 1890 p 341 § 1, part; Rem. Supp. 1949 §§
11045-lj, 11045-li; Rem. Supp. 1945 § 11045-ld, part;
RRS § 11045-1, part.]
2.08.090 Salary. Each judge of the superior court
shall receive an annual salary of thirty-four thousand
two hundred fifty dollars. [1975 1st ex.s. c 263 § 4; 1974
ex.s. c 149 § 5 (Initiative Measure No. 282); 1972 ex.s. c
100 § 3: 1967 c 65 § l; 1965 ex.s. c 127 § 2; 1957 c 260
§ 2: 1953 c 144 § 2. Prior: 1949 c 48 § 2, part; 1947 c
194 §I, part; 1943 c 50 § 1, part; 1923 c 169 §I; 1921 c
188 § I. part; 1919 c 77 § 1, part; 1907 c 57 § 1, part;
Rem. Supp. 1949 § 11053, part.]
[1975 RCW Supp----p 52)
Severability--1975 1st ex.s. ,. 263: See note following RCW
43.03.010.
Severability--1974 ex.s. c 149 (Initiative Measure No. 282): See
note following RCW 43.03.010.
Construction--1965 ex.s. c 127: See note following RCW
2.04.090.
Salaries ofjudicial officers: State Constitution Art. 4 § 13.
Chapter 2.32
COURT CLERKS, REPORTERS, AND BAILIFFS
Sections
2.32.210
2.32.240
Salaries--Expenses.
.
Transcript of testimony--Fee-Forrna paupens.
2.32.210 Salaries--Expenses. Each official reporter shall be paid such compensation as sh~ll
fixe_d,
after recommendation by the judges of the judicial district involved, by the legislative authority of the ~ou~ty
comprising said judicial district, or _by. t~e le_gisl.at!~e
authorities acting jointly where the JUdici.al d1stnct _is
comprised of more than one county: Prov~ded, That m
judicial districts having a total populat10n of forty
thousand or more, the salary of an official court reporter shall not be less than sixteen thousand five hundred
dollars per annum: Provided further, That in judicial
districts having a total population of twenty-five thousand and under forty thousand, such salary shall not be
less than eleven thousand one hundred dollars per
annum.
Said compensation shall be paid out of the current
expense fund of the county or counties where court is
held.
In judicial districts comprising more than one county
the council or commissioners thereof shall, on the first
day of January of each year, or as soon thereafter as
may be convenient, apportion the amount of the salary
to be paid to the reporter by each county according and
in proportion to the number of criminal and civil actions entered and commenced in superior court of the
constituent counties in the preceding year. In addition
to the salary above provided, in judicial districts comprising more than one county, the reporter shall receive
his actual and necessary expenses of transportation and
living expenses when he goes on official business to a
county of his judicial district other than the county in
which he resides, from the time he leaves his place of
residence until he returns thereto, said expense to be
paid by the county to which he travels. If one trip includes two or more counties, the expense may be apportioned between the counties visited in proportion to
the amount of time spent in each county on the trip. If
an official reporter uses his own automobile for the
purpose of such transportation, he shall be paid therefor
at the same rate per mile as county officials are paid for
use of their private automobiles. The sworn statement
of the official reporter, when certified to as correct by
the judge presiding, shall be a sufficient voucher upon
which the county auditor shall draw his warrant upon
the treasurer of the county in favor of the official
reporter.
The salaries of official court reporters shall be paid
upon sworn statements, when certified as correct by the
?e.
2.48.200
State Bar Act
judge presiding, as state and county officers are paid.
[1975 1st ex.s. c 128 § I; 1972 ex.s. c 18 § I; 1969 c 95 §
I; 1967 c 20 §I; 1965 ex.s. c 114 §I; 1961c121 §I;
1957 c 244 § 2; 1953 c 265 § I; 1951 c 210 § I. Prior:
1945 c 24 § I; 1943 c 69 § 2; 1913 c 126 § 3; Rem.
Supp. 1945 § 42-3.]
2.32.240 Transcript of testimony--Fee-Forma
pauperis. (1) When a record has been taken in any
cause as provided in RCW 2.32.180 through 2.32.320, if
the court, or either party to the suit or action, or his attorney, request a transcript, the official reporter and
clerk of the court shall make, or cause to be made, with
reasonable diligence, full and accurate transcript of the
testimony and other proceedings, which shall, when
certified to as hereinafter provided, be filed with the
clerk of the court where such trial is had for the use of
the court or parties to the action. The fees of the reporter and clerk of the court for making such transcript
shall .be fixed in accordance with costs as allowed in
cost bills in civil cases by the supreme court of the state
of Washington, and when such transcript is ordered by
any party to any suit or action, said fee shall be paid
forthwith by the party ordering the same, and in all
cases where a transcript is made as provided for under
the provisions of RCW 2.32.180 through 2.32.320 the
cost thereof shall be taxable as costs in the case, and
shall be so taxed as other costs in the case are taxed:
Provided, That when, from and after December 20,
1973, a party has been judicially determined to have a
constitutional right to a transcript and to be unable by
reason of poverty to pay for such transcript, the court
may order said transcript to be made by the official reporter, which transcript fee therefor shall be paid by the
state upon submission of appropriate vouchers to the
clerk of the supreme court. [1975 1st ex.s. c 261 § I;
1972 ex.s. c Ill§ I; 1970 ex.s. c 31 §I; 1965 c 133 § 3;
1957 c 244 § 4; 1943 c 69 § 4; 1913 c 126 § 5; Rem
Supp. 1943 § 42-5.]
Counsel-Right to--Fees: RCW 10.01.110.
"Folio" defined: RCW 1.16.040.
Indigent party-State to pay costs and fees incident to review by
supreme court or court of appeals: RCW 4.88.330.
Chapter 2.36
JURIES
Sections
2.36.070
2.36.150
Qualification of jurors.
Compensation of jurors.
2.36.070 Qualification of jurors. No person shall be
competent to serve as a juror in the superior courts of
the state of Washington unless he be
( l) an elector and taxpayer of the state,
(2) a resident of the county in which he is called for
service for more than one year preceding such time,
(3) in full possession of his faculties and of sound
mind: Pro":ided, That a person shall not be precluded
from the hst of prospective jurors because of loss of
sight in any degree. Sound mind, as used in this section,
shall mean the necessary mental process utilized in reasoning to a logical conclusion, and
(4) able to read and write the English language. [1975
1st ex.s. c 203 § l; 1971 ex.s. c 292 § 3; 1911 c 57 § 1;
RRS § 94. Prior: 1909 c 73 § I.]
Severability-1971 ex.s. c 292: See note following RCW
26.28.010.
2.36.150 Compensation of jurors. Jurors shall receive
for each day's attendance, besides mileage at thirteen
cents per mile each way, the following compensation:
(1) Grand jurors shall receive ten dollars;
(2) Petit jurors shall receive ten dollars;
(3) Coroner's jurors shall receive ten dollars;
(4) Justice of the peace jurors shall receive ten dollars:
Provided, That a person excused from jury service at
his own request shall be allowed not more than a per
diem and such mileage, if any, as to the court shall
seem just and equitable under all circumstances. [ 1975
1st ex.s. c 76 § I; 1959 c 73 § 1; 1951 c 51 § 2; 1943 c
188 § I; 1933 c 52 § I; 1927 c 171 § I; 1907 c 56 § I,
part; Rem. Supp. 1943 § 4229. Prior: 1903 c 151 § I,
part; 1893 p 421 § 1, part; Code 1881 § 2086, part.]
Travel expense in lieu of mileage in certain cases: RCW 2.40.030.
Chapter 2.48
STATE BAR ACT
Sections
2.48.200
Restrictions on practice by certain officers.
2.48.200 Restrictions on practice by certain officers.
No person shall practice law who holds a commission
as judge in any court of record, or as sheriff, coroner, or
deputy sheriff; nor shall the clerk of the supreme court,
the court of appeals, or of the superior court or any
deputy thereof practice in the court of which he is clerk
or deputy clerk: Provided, It shall be unlawful for a
deputy prosecuting attorney, or for the employee, partner, or agent of a prosecuting attorney, or for an attorney occupying offices with a prosecuting attorney, to
appear for an adverse interest in any proceeding in
which a prosecuting attorney is appearing, or to appear
in any suit, action or proceeding in which a prosecuting
attorney is prohibited by law from appearing, but nothing herein shall prohibit a prosecuting attorney or a
deputy prosecuting attorney from appearing in any action or proceeding for an interest divergent from that
represented in the same action or proceeding by another attorney or special attorney in or for the same office,
so long as such appearances are pursuant to the duties
of prosecuting attorneys as set out in RCW 36.27.020
and such appearances are consistent with the code of
professional responsibility or other code of ethics
adopted by the Washington state supreme court, but
nothing herein shall preclude a judge or justice of a
court of this state from finishing any business by him
undertaken in a court of the United States prior to his
becoming a judge or justice. [1975 lst ex.s. c 19 § 3;
1971 c 81 § 13; 1921 c 126 § 5; RRS § 139-5.]
11975 RCW Supp---p 53)
2.48.200
Title 2:
Courts of Record
Rules of court: Judicial ethics-CJE 31.
Clerk not to practice law: RCW 2.32.090.
Coroner not to practice law: RCW 36.24.170.
Judges m;n not practice Jaw: State Constitution Art. 4 § 19.
Sheriff not to practice law: RCW 36.28.1 JO.
3.46.050 Selection of full time judges. Each city may
select its full time municipal judge or judges by election.
or by appointment in such manner as the city legislative
body determines: Provided, That in cities having a
population in excess of four hundred thousand, the
municipal judges shall be elected. [1975 c 33 § 2; 1961 c
299 § 39.]
Severability-1975 c 33: See note following RCW 35.21.780.
Title 3
JUSTICES OF THE PEACE AND
CONSTABLES
Chapters
JUSTICE COURTS AND OTHER INFERIOR
COURTS-1961 BASIC ACT
3.34
Justices of the peace.
3.46
Municipal departments.
3.50
Municipal departments--Alternate provision.
3.54
Clerks and deputy clerks.
Salaries and expenses.
3.58
3.62
Income of court.
3.66
Jurisdiction and venue
JUSTICE COURTS AND OTHER INFERIOR
COURTS-1961 BASIC ACT
Chapter 3.34
JUSTICES OF THE PEACE
Sections
3.34.010
3.34.065
Justices of the peace-Number for each county.
Repealed.
3.34.010 Justices of the peace--Number for each
county. The number of justices of the peace to be
elected in each county shall be: Adams, three; Asotin,
one; Benton, two; Chelan, one; Clallam, one; Clark,
four; Columbia, one; Cowlitz, two; Douglas, one; Ferry, two; Franklin, one; Garfield, one; Grant, one;
Grays Harbor, two; Island, three; Jefferson, one; King,
twenty; Kitsap, two; Kittitas, two; Klickitat, two;
Lewis, two; Lincoln, one; Mason, one; Okanogan, two;
Pacific, three; Pend Oreille, two; Pierce, eight; San
Juan, one; Skagit, three; Skamania, one; Snohomish,
eight; Spokane, eight; Stevens, two; Thurston, one;
Wahkiakum, one; Walla Walla, three; Whatcom, two;
Whitman, two; Yakima, six: Provided, That this number may be increased in accordance with a resolution of
the county commissioners under RCW 3.34.020. [ 1975
1st ex.s. c 153 §I; 1973 1st ex.s. c 14 §I; 1971 ex.s. c
147 § I; 1970 ex.s. c 23 § I; 1969 ex.s. c 66 § I; 1965
ex.s. c I IO§ 5; 1961 c 299 § 10.]
3.34.065 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 3.46
MUNICIPAL DEPARTMENTS
Sections
3.46.050
3.46.120
Selection of full time judges.
Revenue.
(1975 RCW Supp----p 54)
3.46.120 Revenue. All revenue received by the clerk
of a municipal department including penalties, fines,
bail forfeitures, fees and costs shall be paid by the clerk
to the city treasurer for the use of the city. [1975 1st
ex.s. c 241 § 4; 1961 c 299 § 46.]
Chapter 3.50
MUNICIPAL DEPARTMENTS-ALTERNATE
PROVISION
Sections
3.50.100
Revenue-Deposits.
3.50.100 Revenue--Deposits. All fees, costs, fines,
forfeitures and other moneys imposed by any municipal
court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other revenues received by the clerk,
shall be deposited with the city or town treasurer as a
part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited
in such other funds as may be designated by the laws of
the state of Washington. [1975 1st ex.s. c 241 § 3; 1961
c 299 § 59.]
Chapter 3.54
CLERKS AND DEPUTY CLERKS
Sections
3.54.020
Powers and duties.
3.54.020 Powers and duties. The district courts shall
prescribe the duties of the clerk and deputy clerks. Such
duties shall include all of the requirements of RCW
3.62.020 and 3.62.040 as now or hereafter amended and
the receipt of bail and additionally the power to:
(1) Accept and enter pleas;
(2) Receive bail as set by the court;
(3) Set cases for trial;
(4) Administer oaths. [1975 1st ex.s. c 241 § l; 1971 c
73 § 7; 1961 c 299 § 99.]
Chapter 3.58
SALARIES AND EXPENSES
Sections
3.58.010
Salaries of full time justices of the peace.
3.58.010 Salaries of full time justices of the peace.
The annual salary of each full time justice of the peace
shall be twenty-nine thousand dollars: Provided, That
in cities having a population in excess of four hundred
thousand, the city which pays the salary may increase
4.24.230
Special Rights of Action, Special Immunities
such salary of its municipal judges to an amount not
more than the salary paid the superior court judges in
the county in which the court is located: Provided further, That no full time justice of the peace shall perform
any civil marriage between 8:00 a.m. and 5:00 p.m.
Monday through Friday: Provided further, That a
member of the legislature whose term of office is partly
coextensive with or extends beyond the present term of
office of any of the officials whose salary is increased by
virtue of the provisions of RCW 43.03.010, 2.04.090,
2.06.060, 2.08.090 and 3.58.010 shall be eligible to be
appointed or elected to any of the offices the salary of
which is increased hereby but he shall not be entitled to
rece~ve such increased salary until after the expiration
of his present term of office and his subsequent election
or reelection to the office to which he was appointed or
elected respectively during his term of office as legislator. [1975 lst ex.s. c 263 § 5; 1975 c 33 § 3; 1974 ex.s. c
149 § 6 (Initiative Measure No. 282); 1972 ex.s. c 100 §
4; 1969 c 52 § 1; 1965 c 147 § 1; 1961 c 299 § 100.]
Severability--1975 1st ex.s. c 263: See note following RCW
43.03.010.
Severability--1975 c 33: See note following RCW 35.21.780.
Severability--1974 ex.s. c 149 (Initiative Measure No. 282): See
note following RCW 43.03.010.
Municipal courts, cities over 500,000, judges' salaries: RCW
35.20.160.
Chapter 3.62
INCOME OF COURT
Title 4
CIVIL PROCEDURE
Chapters
4.16
Limitation of actions.
4.24
Special rights of action and special immunities.
4.44
Trial.
4.56
Judgments-Generally.
4.88
Appeals.
4.92
Actions against state.
4.96
Actions against political subdivisions, municipal
corporations and quasi municipal corporations.
Chapter 4.16
LIMITATION OF ACTIONS
Sections
4.16.350
4.16.350 Actions against hospitals, hospital personnel,
and members of the healing arts.
Proof and evidence required in actions against hospitals, personnel
and members of healing arts: RCW 4.24.290.
Chapter 4.24
SPECIAL RIGHTS OF ACTION AND SPECIAL
IMMUNITIES
Sections
4.24.230
Sections
3.62.040
Costs, fines, forfeitures and penalties from city cases.
3.62.040 Costs, fines, forfeitures and penalties from
city cases. All costs, fines, forfeitures and penalties assessed and collected by district courts because of violations of city ordinances shall be collected and remitted
by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation
occurred. [1975 1st ex.s. c 241 § 2; 1961 c 299 § 108.]
4.24.240
4.24.250
4.24.260
4.24.290
4.24.300
Chapter 3.66
JURISDICTION AND VENUE
Sections
3.66.065
Assessment of punishment.
3.66.065 Assessment of punishment. If a defendant is
found guilty, a justice holding office pursuant to chapters 3.30 thri:mgh 3.74 RCW, or chapter 35.20 RCW,
and ~ot the JUry, .s~all assess his punishment, notwiths~andmg th~ provlSlons of RCW 10.04.100. If such justice de!e~mmes that the punishment he is authorized to
assess is madequate to the gravity of the offense he may
order sue~ defendant to enter recognizance to appear in
the su_Penor court of the county and may also recognize
the witnesses and shall proceed as a committing magistrate. [1975 c 29 § l; 1965 ex.s. c 110 § 7.]
Sentence and judgment: Rules of court: JCrR 5.04.
Actions against hospitals, hospital personnel, and members of the healing arts.
4.24.310
Liability for conversion of goods or merchandise from
store or mercantile establishment-Adults, minors-Parents, guardians.
Physician, dentist and pharmacist members of committees to eval_uate credentials and qualifications of physic1~ns, dentists or pharmacists--Immunity from civil
SUit.
Physicians, dentists and pharmacists filing charges or
presenting evidence--Immunity--Records of
medical, dental or pharmaceutical boards not subject
to process.
Physic_ians, ~enti~ts or pharmacists filing charges or pres~ntmg evidence before boards--Immunity.
Act10n. for damages based on professional negligence of
hospitals or members of healing arts-.-Standard of
proof-Evidence-Exception.
Persons rendering emergency care or transportation-Immunity from liability.
Persons rendering emergency care or transportation-Definitions.
4.24.230 Liability for conversion of goods or merchandise from store or mercantile establishment-Adults, minors--Parents, guardians. (1) An adult or
emancipated minor who takes possession of any goods,
wares or merchandis~ displayed or offered for sale by
any wholesale or retail store or other mercantile establishment without the consent of the owner or seller and
with the i_ntention of converting such goods, war~s or
merchand1s~ to his own use without having paid the
purchase pnce thereof shall be liable in addition to actual damages, for a penalty to the owner or seller in the
amount of the retail value thereof not to exceed one
thousa~d dollars, plus costs of preparing and presenting
the action of not less than one hundred dollars nor
more than two hundred dollars.
(1975 RCW Supp---p 55)
4.24.230
Title 4:
Civil Procedure
(2) The parent or legal guardian having the custody
of an unemancipated minor who takes possession of
any goods, wares or merchandise displayed or offered
for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner
or seller and with the intention of converting such
goods, wares or merchandise to his own use without
having paid the purchase price thereof, shall be liable as
a penalty to the owner or seller for the retail value of
such goods, wares or merchandise not to exceed five
hundred dollars plus costs of preparing and presenting
the action of not less than one hundred dollars nor
more than two hundred dollars: Provided, That for the
purposes of this subsection, liability shall not be imposed upon any governmental entity or private agency
which has been assigned responsibility for the minor
child pursuant to court order or action of the department of social and health services.
(3) Claims, but not judgments, arising under this section may not be assigned.
(4) A conviction for violation of *RCW 9.78.010 or
9.54.010 shall not be a condition precedent to maintenance of a civil action authorized by this section. [ 1975
lst ex.s. c 59 § I.]
*Reviser's note: "RCW 9.78.010 or 9.54.010" were both repealed by
1975 1st ex.s. c 260 § 9A.92.010, effective July l, 1976. For later ena.ent see RCW 9A.56.020 and 9A.56.050.
4.24.240 Physician, dentist and pharmacist members
of committees to evaluate credentials and qualifications
of physicians, dentists or pharmacists--Immunity from
civil suit. Physicians licensed under chapters 18. 71 or
18.57 RCW, dentists licensed under chapter 18.32
RCW, and pharmacists licensed under chapter 18.64
RCW who are members of review committees for medical, dental, or pharmaceutical societies, and licensed
hospitals, or committees whose duties require evaluation of credentials and qualifications of physicians,
dentists, or pharmacists shall be immune from civil action for damages arising out of the performance of their
duties on such committees, where such actions are being brought by or on behalf of the person who is being
evaluated. [1975 lst ex.s. c 114 § I; 1969 ex.s. c 157 § I.]
4.24.250 Physicians, dentists and pharmacists filing
charges or presenting evidence-Immunity--Records of medical, dental or pharmaceutical boards not
subject to process. Physicians licensed under chapter
18.71 RCW or chapter 18.57 RCW, dentists licensed
under chapter 18.32 RCW, and pharmacists licensed
under chapter 18.64 RCW who, in good faith, file
charges or present evidence against another member of
their profession based on the claimed incompetency or
gross misconduct of such person before a regularly
constituted review committee or board of a medical,
dental, or pharmaceutical society or hospital whose
duty it is to evaluate the competency and qualifications
of members of the profession, including limiting the extent of practice of such person in a hospital or similar
institution, shall be immune from civil action for damages arising out of such activities. The written records
of such committees or boards shall not be subject to
(1975 RCW Supp--p 561
subpoena or discovery proceedings in any civil action,
except actions arising out of the recommendations of
such committees. [1975 1st ex.s. c 114 § 2; 1971 ex.s. c
144 § I.]
4.24.260 Physicians, dentists or pharmacists filing
charges or presenting evidence before boards-Immunity. Physicians licensed under chapter 18.7 l RCW[,]
dentists licensed under chapter 18.32 RCW and pharmacists licensed under chapter 18.64 RCW who, in
good faith, file charges or present evidence against another member of their profession based on the claimed
incompetency or gross misconduct of such person before the medical disciplinary board established under
chapter 18.72 RCW, in a proceeding under chapter 18.32 RCW or to the board of pharmacy under RCW 18.64.160 shall be immune from civil action for damages
arising out of such activities. [ 1975 I st ex.s. c 114 § 3;
1971 ex.s. c 144 § 2.]
4.24.290 Action for damages based on professional
negligence of hospitals or members of healing arts-Standard of proof--Evidence-Exception. In any
civil action for damages based on professional negligence against a hospital which is licensed by the state of
Washington or against the personnel of any such hospital, or against a member of the healing arts including,
but not limited to, a physician licensed under chapter
18.71 RCW, an osteopathic physician licensed under
chapter 18.57 RCW, a chiropractor licensed under
chapter 18.25 RCW, a dentist licensed under chapter
18.32 RCW, a podiatrist licensed under chapter 18.22
RCW, or a nurse licensed under chapters 18.78 or 18.88
RCW, the plaintiff in order to prevail shall be required
to prove by a preponderance of the evidence that the
defendant or defendants failed to exercise that degree
of skill, care and learning possessed by other persons in
the same profession and that as a proximate result of
such failure the plaintiff suffered damages, but in no
event shall the provisions of this section apply to an action based on the failure to obtain the informed consent
of a patient. [1975 lst ex.s. c 35 § I.]
Limitations of actions against hospitals and members of healing arts:
RCW 4.16.350.
4.24.300 Persons rendering emergency care or transportation--Immunity from liability. Any person who
in good faith and not for compensation renders emer~ency ~are at the s.cene of an emergency or who partic1pat~s. m transportmg, not for compensation, therefrom
an mJured person or persons for emergency medical
treatment shall not be liable for civil damages resulting
from any act or omission in the rendering of such
emergency care or in transporting such persons, other
th.an acts or omissions constituting gross negligence or
wilful or wanton misconduct. [1975 c 58 § I.]
4.24.310 Persons rendering emergency care or transportation--Definitions. For the purposes of RCW
4.24.3?<J the foll.owing words and phrases shall have the
followmg meanmgs unless the context clearly requires
otherwise:
Chapter 4.92
Actions Against State
Chapter 4.56
JUDGMENTS-GENERALLY
(I) "Good faith'' means a state of mind denoting
honesty of purpose, integrity, and a reasonable opinion
that the immediacy of the situation is such that the
~endering of care should not be postponed until the inJUred person is hospitalized.
(2) "Emergency care" means care, first aid, treatment,
or assistance rendered to the injured person in need of
immediate medical attention and includes providing or
arranging for further medical treatment or care for the
injured person. Except with respect to the injured person or persons being transported for further medical
treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any
motor vehicle.
(3) "Scene of an emergency" means the scene of an
a~cident or ~ther sudden or unexpected event or combmat10n of circumstances which calls for immediate action other than in a hospital, doctor's office, or other
place where qualified medical personnel practice or are
employed. [1975 c 58 § 2.]
Sections
4.56.115
4.56.115 Interest on judgments against state, political
subdivisions or municipal corporations--Torts. Judgments founded on the tortious conduct of the state of
Washing!on or of the political subdivisions, municipal
corporations, and quasi municipal corporations of the
state, whet~e_r acting in th~ir governmental or proprietary capacities, shall bear mterest at the rate of eight
p~rcent per ~nnum from the date of entry thereof: Provided, That m any case where a court is directed on review to ~nter judgment on a verdict or in any case
where a judgment entered on a verdict is wholly or
partly affirmed on review, interest on the judgment or
on that portion of the judgment affirmed shall date
back to and shall accrue from the date the verdict was
rendered. [ 1975 c 26 § I.]
Chapter 4.44
TRIAL
Sections
4.44.160
4.44.170
General causes of challenge.
Particular causes of challenge.
4.44.160 General causes of challenge. General causes
of challenge are:
(I) A conviction for a felony.
(2) A want of any of the qualifications prescribed by
law for a juror.
(3) Unsoundness of mind, or such defect in the facu~tie~ of the mind, or organs of the body, as renders
him mcapable of performing the duties of a juror in any
action. [1975 1st ex.s. c 203 § 2; Code 1881 § 210; 1877
p 44 § 214; 1869 p 52 § 214; RRS § 327.]
Qualifications ofjurors: RCW 2.36.070
4.44.170 Particular causes of challenge. Particular
causes of challenge are of three kinds:
(1) For such a bias as when the existence of the facts
is ascer~ain~d, in jud~ment of law disqualifies the juror,
and which is known m this code as implied bias.
(2) For ~he existence of a state of mind on the part of
the juror m reference to the action, or to either party,
which satisfies .the c_ourt that the challenged person
cannot try the !ssu~ impartially and without prejudice
to ~he _substanti~l n~hts of the party challenging, and
which is known m this code as actual bias.
(3) For the existence of a defect in the functions or
organs of the body which satisfies the court that the
chall~nged _person is i~capable of performing the duties
of a JUfOr l~ th~ particular action without prejudice to
the substantial nghts of the party challenging. [1975 1st
ex.s. c 203 § 3; Code 1881 § 211; 1877 p 44 § 215· 1869
'
p 52 § 215; RRS § 329.]
Reviser's note: The word "code" appeared in Code 1881 § 211.
Qualification ofjurors: RCW 2.36.070.
Interest on judgments against state, political subdivisions or municipal corporations--Torts.
Chapter 4.88
APPEALS
Sections
4.88.330
Indigent party-State to pay costs and fees incident to
review by supreme court or court of appeals.
4.88.330 Indigent party--State to pay costs and
fees incident to review by supreme court or court of appeals. When a party has been judicially determined to
have a constitutional right to obtain a review and to be
unable by re~son of poverty to procure counsel to perfect the review all costs necessarily incident to the
rroper consideration of the review including preparation of the record, reasonable fees for court appointed
counsel to be determined by the supreme court, and
actual travel expenses of counsel for appearance in the
supreme court or court of appeals, shall be paid by the
state. Upon satisfaction of requir~~ents established by
supreme court rules and submiss10n of appropriate
vouchers to the clerk of the supreme court, payment
shall b_e made from funds specifically appropriated by
the legislature for that purpose. [ 1975 l st ex.s. c 261 § 2.
Prior: 1972 ex.s. c 111 § 2; 1970 ex.s. c 31 § 2; 1965 c
133 § 2. Formerly RCW 10.01.112.]
Transcript of testimony-Fee--Forma pauperis: RCW 2.32.240.
Chapter 4.92
ACTIONS AGAINST STATE
Sections
4.92.045
4.92.060
4.92.070
4.92.130
4.92.140
4.92.150
4.92.160
Interest on judgments against state.
Actions against state officers or employees--Request
for defense.
Actions against state officers or employees--Defense
by. attorney general--Expense of defense.
Tortlous conduct of state--Tort claims revolving fund
crea ted--Purpose.
Compromise and settlement of claims by head of agency
or department.
Compromise and settlement of claims by attorney
general.
Payment of claims and judgments.
(1975 RCW Supp---p 57)
Chapter 4.92
4.92.170
4 92.200
Title 4:
Civil Procedure
Payments charged to agencies and departments-Apportionments-Reimbursement of tort claims revolving fund-Reports-Insurance.
Actions against state on state warrant appearing to be
redeemed-Claim required-Time limitation.
4.92.045 Interest on judgments against state. See
RCW 4.56.115.
4.92.060 Actions against state officers or employees--Request for defense. Whenever an action or
proceeding for damages shall be instituted against any
state officer. including state elected officials, or employee, arising from his acts or omissions while performing,
or in good faith purporting to perform, his official duties, such officer or employee may request the attorney
general to authorize the defense of said action or proceeding at the expense of the state. [1975 1st ex.s. c 126
§I; 1975 c 40 §I; 1921 c 79 §I; RRS § 890-1.]
4.92.070 Actions against state officers or employees--Defense by attorney general--Expense of defense. If the attorney general shall find that said officer
or employee's acts or omissions were, or purported to
be in good faith, within the scope of his official duties,
said request shall be granted, in which event the necessary expenses of the defense of said action or proceeding shall be paid from the appropriations made for the
support of the department to which such officer or employee is attached. In such cases the attorney general
shall appear and defend such officer or employee, who
shall assist and cooperate in the defense of such suit.
[1975 !st ex.s. c 126 § 2; 1975 c 40 § 2; 1921 c 79 § 2;
RRS § 890-2.]
4.92.130 Tortious conduct of state-Tort claims
revolving fund created--Purpose. A tort claims revolving fund in the custody of the treasurer is hereby
created to be used solely and exclusively for the payment of claims against the state arising out of tortious
conduct and against its officers and employees for
whom the defense of the claim was authorized under
RCW 4.92.070. No money shall be paid from the tort
claims revolving fund unless all proceeds available to
the claimant from any valid and collectible liability insurance shall have been exhausted and unless:
(I) The claim shall have been reduced to final judgment in a court of competent jurisdiction; or
(2) The claim has been approved for payment in accordance with RCW 4.92.140 as herein or hereafter
amended. [1975 lst ex.s. c 126 § 3; 1969 c 140 § I; 1963
c 159 § 7.]
Severability--1969 c 140: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." (1969 c 140 § 5.) This applies to RCW
4.92.130, 4.92.131, 4.92.160 and 4.92.170.
Actions against regents, trustees, etc. of institutions of higher education or educational boards, payments of obligations from fund:
RCW 28B.10.842.
4.92.140 Compromise and settlement of claims by
head of agency or department. The head or governing
body of any agency or department of state government,
11975 RCW Sup~ 581
with the approval of the attorney general, may consider,
ascertain, adjust, determine, compromise and settle any
claim arising out of tortious conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq. for which the state
of Washington or any of its officers or employees would
be liable in law for money damages of twenty-five hundred dollars or less. The acceptance by the claimant of
any such award, compromise or settlement shall be final
and conclusive on the claimant; and upon the state of
Washington, unless procured by fraud, and shall constitute a complete release of any claim against the state
of Washington or its affected officer or employee. A request for administrative settlement shall not preclude a
claimant from filing a court action pending administrative determination, limit the amount recoverable in such
a suit or constitute an admission against interest of either the claimant or the state. [1975 1st ex.s. c 126 § 4;
1963 c 159 § 8.]
4.92.150 Compromise and settlement of claims by attorney general. After commencement of an action in a
court of competent jurisdiction upon a claim against the
state, or any of its officers or employees arising out of
tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et
seq., the attorney general, with the approval of the
court, following such testimony as the court may require, may compromise and settle the same and stipulate for judgment against the state, the affected officer
or employee. [1975 1st ex.s. c 126 § 5; 1963 c 159 § 9.]
4.92.160 Payment of claims and judgments. Payment
of claims and judgments arising out of tortious conduct
or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be
made by any agency or department of state government
with the exception of the budget director, and he shall
authorize and direct the payment of moneys only from
the tort claims revolving fund whenever:
(I) The head or governing body of any agency or department of state certifies to him that a claim has been
settled under authority of RCW 4.92.140 as herein or
hereafter amended; or
(2) The clerk of court has made and forwarded a certified copy of a final judgment in a court of competent
jurisdiction and the attorney general certifies that the
judgment is final and was entered in an action on a
claim arising out of tortious conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq. Payment of a judgment shall be made to the clerk of the court for the
benefit of the judgment creditors. Upon receipt of payment, the clerk shall satisfy the judgment against the
state. [1975 1st ex.s. c 126 § 6; 1969 c 140 § 2; 1963 c
159 § 10.]
Reviser's note: "Budget director•· changed to "director of the office
of program planning and fiscal management", see chapter 43.41
RCW.
Severability--1969 c 140: See note following RCW 4.92.130.
Duty of clerk to forward copy ofjudgment: RCW 4.92.040.
4.92.170 Payments charged to agencies and departments--Apportionments--Reimbursement of tort
claims revolving fund--Reports--Insurance. Liability for and payment of claims arising out of tortious
Chapter 6.40
Uniform Foreign Money-Judgments Recognition Act
conduct or under and pursuant to 42 U .S.C. Sec. 1981
et seq. is declared to be a proper charge as part of the
normal cost of operating the various agencies and departments of state government whose operations and
activities give rise to the liability and a lawful charge
against moneys appropriated or available to such agencies and departments.
Within any agency or department the charge shall be
apportioned among such appropriated and other available moneys in the same proportion that the moneys finance the activity causing liability. Whenever the
operations and activities of more than one agency or
department combine to give rise to a single liability, the
budget director shall determine the comparative responsibility of each agency or department for the
liability.
State agencies over which the budget director has authority to revise allotments under chapter 43.88 RCW
shall make reimbursement to the tort claims revolving
fund for any payment made from it for the benefit of
such agencies. The budget director is authorized and
directed to transfer or order the transfer to the revolving fund, ~rom moneys available or appropriated to
such agencies, that sum of money which is a proper
charge against them. Such amounts may be expended
for the purposes for which the tort claims revolving
fund was created by RCW 4.92.130 as herein or herea_fter amen~ed witho~t further or additional appropriation: Provided, That m any case where reimbursement
would seriously disrupt or prevent substantial performance of the operations or activities of the state agency, the budget director may relieve the agency of all or
a portion of the obligation to make reimbursement.
The. bu~get di~ector shall report to the legislature, for
any b1enmal penod, on the status of the tort claims revolving fund, all payments made therefrom, all reimbursements made thereto, and the identity of agencies
and departments of state government whose operations
a~d activities give rise to liability, including those agencies and departments over which he does not have authority to revise allotments under chapter 43.88 RCW.
The budget director may authorize agencies, in accordance with chapter 41.05 RCW to the extent that it
is applicable, to purchase insurance to protect and hold
personally harmless any officer or employee of the state,
or any classes of such officers or employees or for other
persons performin~ services for the state, whether by
contract or otherwise, from any action, claim, or procee~ing for damages arising out of the performance of
dutI~s for, employment with, or the performance of
services on behalf of the state and to hold him harmless
from any expenses connected with the defense settlement or monetary judgment from such actions. '
The ?udget director shall adopt rules and regulations
govermng the procedures. to be followed in making
payz:ient from th~ tort claims revolving fund, in reimbursm!? th~ revolving fund and in relieving an agency of
its obligation to reimburse. [1975 1st ex.s. c 126 § 7;
1969 c 140 § 3; 1963 c 159 § 11.]
Reviser's note: "~udget director" changed to "director of the office
~C~~gram plannmg and fiscal management", see chapter 43.41
Severability--1969 c 140: See note following RCW 4.92.130.
4.92.200 Actions against state on state warrant appearing to be redeemed--Claim required--Time
limitation. No action shall be commenced against the
state on account of any state warrant appearing to have
been r~deemed unless a claim has been presented and
filed with the state treasurer within six years of the date
of issuance of such warrant. The requirements of this
section shall not extend or modify the period of limitations otherwise applicable within which an action must
he c?mmenced, but such period shall begin and shall
contmue to run as if no claim were required. [ 1975 c 48
§ I.]
State warrants: RCW 43.08.061-43.08.080.
Chapter 4.96
ACTIONS AGAINST POLITICAL SUBDIVISIONS,
MUNICIPAL CORPORATIONS AND QUASI
MUNICIPAL CORPORATIONS
Sections
4.96.030
Interest on judgments against political subdivisions, municipal corporations or quasi municipal corporations.
4.96.030 Interest on judgments against political subdivisions, municipal corporations or quasi municipal corporations. See RCW 4.56.115.
Title 5
EVIDENCE
Chapters
5.60
Witnesses--Competency.
Chapter 5.60
WITNESSES--COMPETENCY
Sections
5.60.060
Who are disqualified-Privileged communications.
5.60.060
nications.
Who are disqualified--Privileged commu-
Optometrist-Client, privileged communications: RCW 18.53.200.
Title 6
ENFORCEMENT OF JUDGMENTS
Chapters
6.40
Uniform foreign money-judgments recognition
act.
Chapter 6.40
UNIFORM FOREIGN MONEY-JUDGMENTS
RECOGNITION ACT
Sections
6.40.010
6.40.020
6.40.030
Definitions.
Applicability.
Recognition and enforcement.
)1975 RCW Supp---p 591
Chapter 6.40
6.40.040
6.40.050
6.·W.060
6.40.070
6.40.900
6.40.905
6.40.910
6.40.915
Title 6:
Enforcement of Judgments
Grounds for nonrecognition.
Personal jurisdiction.
Stay m case of appeal.
Saving clause.
Unifo'i-mity of interpretation.
Short title.
Application to judgments in effect on effective date.
Section headings.
6.40.010 Definitions. As used in this chapter:
( l) "Foreign state" means any governmental unit
other than the United States. or any state, district,
commonwealth, territory, or insular possession thereof,
or the Panama Canal Zone, the Trust Territory of the
Pacific Islands, or the Ryukyu Islands;
(2) "Foreign judgment" means any judgment of a
foreign state granting or denying recovery of a sum of
money. other than a judgment for taxes, a fine or other
penalty, or a judgment for support in matrimonial or
family matters. [ 1975 l st ex.s. c 240 § l.]
6.40.020 Applicability. This
foreign judgment that is final
forceable where rendered even
from is pending or it is subject
c 240 § 2.]
chapter applies to any
and conclusive and enthough an appeal thereto appeal. [1975 1st ex.s.
6.40.030 Recognition and enforcement. Except as
provided in RCW 6.40.040, a foreign judgment meeting
the requirements of RCW 6.40.020 is conclusive between the parties to the extent that it grants or denies
recovery of a sum of money. The foreign judgment is
enforceable in the same manner as the judgment of a
sister state which is entitled to full faith and credit.
[1975 1st ex.s. c 240 § 3.]
6.40.040 Grounds for nonrecognition. (I) A foreign
judgment is not conclusive if
(a) the judgment was rendered under a system which
does not provide impartial tribunals or procedures
compatible with the requirements of due process of law;
(b) the foreign court did not have personal jurisdiction over the defendant; or
(c) the foreign court did not have jurisdiction over
the subject matter.
(2) A foreign judgment need not be recognized if
(a) the defendant in the proceedings in the foreign
court did not receive notice of the proceedings in sufficient time to enable him to defend;
(b) the judgment was obtained by fraud;
(c) the claim for relief on which the judgment 1s
based is repugnant to the public policy of this state;
(d) the judgment conflicts with another final and
conclusive judgment;
(e) the proceeding in the foreign court was contrary
to an agreement between the parties under which the
dispute in question was to be settled otherwise than by
proceedings in that court; or
(f) in the case of jurisdiction based only on personal
service, the foreign court was a seriously inconvenient
forum for the trial of the action. [ 1975 1st ex.s. c 240 §
4.]
(1975 RCW Supp----p 60]
6.40.050 Personal jurisdiction. ( 1) The foreign judgment shall not be refused recognition for lack of personal jurisdiction if
(a) the defendant was served personally in the foreign
state;
(b) the defendant voluntarily appeared in the proceedings. other than for the purpose of protecting property seized or threatened with seizure in the proceedings
or of contesting the jurisdiction of the court over him;
(c) the defendant prior to the commencement of the
proceedings had agreed to submit to the jurisdiction of
the foreign court with respect to the subject matter
involved;
(d) the defendant was domiciled in the foreign state
when the proceedings were instituted, or. being a body
corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in
the foreign state;
(e) the defendant had a business office in the foreign
state and the proceedings in the foreign court involved
a claim for relief arising out of business done by the
defendant through that office in the foreign state; or
(f) the defendant operated a motor vehicle or airplane
in the foreign state and the proceedings involved a
claim for relief arising out of such operation.
(2) The courts of this state may recognize other bases
of jurisdiction. [1975 lst ex.s. c 240 § 5.]
6.40.060 Stay in case of appeal. If the defendant
satisfies the court either that an appeal is pending or
that he is entitled and intends to appeal from the foreign judgment. the court may stay the proceedings until
the appeal has been determined or until the expiration
of a period of time sufficient to enable the defendant to
prosecute the appeal. [ 1975 1st ex.s. c 240 § 6.]
6.40.070 Saving clause. This chapter does not prevent the recognition of a foreign judgment in situations
not covered by this chapter. [ 197 5 1st ex.s. c 240 § 7.]
6.40.900 Uniformity of interpretation. This chapter
shall be so construed as to effectuate its general purpose
to make uniform the law of those states which enact it.
[1975 lst ex.s. c 240 § 8.]
6.40.905 Short title. This chapter may be cited as
the Uniform Foreign Money-Judgments Recognition
Act. [1975 1st ex.s. c 240 § 9.]
6.40.910 Application to judgments in effect on effective dat~. This chapter shall apply to all foreign judgment~ m effect on the date this chapter becomes
effechve as well as all judgments rendered after such
date. [1975 1st ex.s. c 240 § 10.]
Effective date--1975 1st ex.s. c 240: September 8, 1975, see preface to 1975 session laws.
. 6.~0.915 Section headings. Section headings as used
m this act shall not constitute part of the law. [1975 1st
ex.s. c 240 § 12.]
Victims of Crimes--Compensation
Title 7
SPECIAL PROCEEDINGS
Chapters
7.68
Victims of crimes--Compensation.
Chapter 7.68
VICTIMS OF CRIMES-COMPENSATION
Sections
7.68.020
7.68.060
7.68.070
7.68.075
7.68.080
7.68.110
7.68.125
7.68.140
7.68.145
7.68.165
Definitions.
Applications for benefits.
Benefits-Right to and amount-Limitations.
Marital status-Payment for or on account of
children.
Medical aid.
Appeals.
Erroneous or fraudulent payment-Repayment,
when-Penalty.
Confidentiality.
Release of information in performance of official duties.
Application of chapter to claims filed under RCW
7.68.160.
7 .68.020 Definitions. The following words and
phrases as used in this chapter shall have the following
meanings unless the context otherwise requires:
(1) "Department" means the department of labor and
industries.
(2) "Criminal act" means an act committed or attempted in this state which is punishable as a felony or
gross misdemeanor under the laws of this state: Provided, That the operation of a motor vehicle, motorcycle,
train, boat, or aircraft in violation of law does not constitute a "criminal act" unless the injury or death was
intentionally inflicted or the operation thereof was part
of the commission of another criminal act as defined in
this section: Provided further: (a) That neither an acquittal in a criminal prosecution nor the absence of any
such prosecution shall be admissible in any claim or
proceeding under this chapter as evidence of the noncriminal character of the acts giving rise to such claim
or proceeding; (b) that evidence of a criminal conviction arising from acts which are the basis for a claim or
proceeding under this chapter shall be admissible in
such claim or proceeding for the limited purpose of
proving the criminal character of the acts; (c) that acts
which, but for the insanity or mental irresponsibility of
the perpetrator, would constitute criminal conduct shall
be deemed to be criminal conduct within the meaning
of this chapter.
(3) "Victim'' means a resident of the state who suffers
bodily injury or death as a proximate result of a criminal act of another person, the victim's own good faith
and reasonable effort to prevent a criminal act or his
good faith effort to apprehend a person reasonably suspected .o~ engaging in a criminal act. For the purposes
of rece1vn:1g benefits pursuant to this chapter, "victim"
shall be mterchangeable with "employee" or "workman" as defined in chapter 51.08 RCW as now or hereafter amended.
(4) "Child", "accredited school" "dependent" "hen.
'
~~ciary ".~ " ~verage monthly_wage",' "director", "injury",
mvahd , I?er~~n~~t partial disability", and "permanent total disab1hty shall have the meanings assigned
7.68.070
to them in chapter 51.08 RCW as now or hereafter
amended.
(5) "Gainfully employed" means engaging on a regular and continuous basis in a lawful activity from which
a person derives a livelihood.
(6) "Resident", for the purpose of eligibility for benefits under this chapter, means a person who has been in
this state for thirty days or has clearly signified an intent to remain in this state for at least thirty days. [1975
1st ex.s. c 176 § 1; 1973 1st ex.s. c 122 § 2.]
7.68.060 Applications for benefits. For the purposes
of applying for benefits under this chapter, the rights,
privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040
and 51.28.060 as now or hereafter amended shall apply:
Provided, That no compensation of any kind shall be
available under this chapter if:
(I) An application for benefits is not received by the
department within one hundred eighty days after the
date of the criminal act or one hundred twenty days after the date of death of the victim, or the rights of dependents or beneficiaries accrued, if such is the case, or
(2) The criminal act is not reported by the victim or
someone on his behalf to a local police department or
sheriff's office within seventy-two hours of its occurrence or, if it could not rea~onably have been reported
within that period, within seventy-two hours of the time
when a report could reasonably have been made. [1975
1st ex.s. c 176 § 2; 1973 1st ex.s. c 122 § 6.]
7.68.070 Benefits--Right to and amount--Limitations. The right to benefits under this chapter and the
amount thereof will be governed insofar as is applicable
by the provisions contained in chapter 51.32 RCW as
now or hereafter amended except as provided in this
section:
(1) The provisions contained in RCW 51.32.015, 51.32.030, *51.32.070, 51.32.073, 51.32.180, 51.32.190 and
51.32.200 as now or hereafter amended are not applicable to this chapter.
(2) Each victim injured as a result of a criminal act,
or his family or dependents in case of death of the victim, are entitled to benefits in accordance with this
chapter, and the rights, duties, responsibilities, limitations and procedures applicable to a workman as con- ·
tained in RCW 51.32.010 as now or hereafter amended
are applicable to this chapter.
(3) The limitations contained in RCW 51.32.020 as
now or hereafter amended are applicable to claims under this chapter. In addition thereto, no person or
spouse, child, or dependent of such person shall be entitled to benefits under this chapter when the injury for
which benefits are sought, was:
(a) The result of consent, provocation or incitement
by the victim;
(b)_ ~he _result of an act or acts committed by a person hvmg m the same household with the victim;
(c)_The resul~ of an act or.a~ts committed by a person
who 1s at the time of the cnmmal act the spouse, child,
parent, or sibling of the victim by the half or whole
blood, adoption or marriage, or the parent of the spouse
[1975 RCW Supp---p 61)
7.68.070
Title 7:
Special Proceedings
pf or sibling of the spouse of the victim by the half or
whole blood, adoption, or marriage;
(d) The result of the victim assisting, attempting, or
committing a criminal act; or
(e) Sustained while the victim was confined in any
county or city jail. federal jail or prison or in any other
federal institution, or any state correctional institution
maintained and operated by the department of social
and health services, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and
health services.
(4) The benefits established upon the death of a
workman and contained in RCW 51.32.050 as now or
hereafter amended shall be the benefits obtainable under this chapter and provisions relating to payment
contained in that section shall equally apply under this
chapter: Provided, That in the event the criminal act
results in the death of a victim who was not gainfully
employed at the time of the criminal act, and who was
not so employed for at least three consecutive months
of the twelve months immediately preceding the criminal act;
(a) Benefits payable to an eligible surviving spouse,
where there are no children of the victim at the time of
the criminal act who have survived him or where such
spouse has legal custody of all of his children, shall be
limited to burial expenses as provided in RCW 51.32.050 as now or hereafter amended and a lump sum
payment of seven thousand five hundred dollars without reference to number of children, if any;
(b) Where any such spouse has legal custody of one
or more but not all of such children, then such burial
expenses shall be paid, and such spouse shall receive a
lump sum payment of three thousand seven hundred
fifty dollars and any such child or children not in the
legal custody of such spouse shall receive a lump sum
of three thousand seven hundred fifty dollars to be divided equally among such child or children;
(c) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the
victim at the time of the criminal act shall receive a
lump sum payment of three thousand seven hundred
fifty dollars up to a total of two such children and
where there are more than two such children the sum of
seven thousand five hundred dollars shall be divided
equally among such children.
No other benefits shall be paid or payable under
these circumstances.
(5) The benefits established in RCW 51.32.060 as now
or hereafter amended for permanent total disability
proximately caused by the criminal act shall be the
benefits obtainable under this chapter, and provisions
relating to payment contained in that section shall apply under this chapter: Provided, That in the event a
victim becomes permanently and totally disabled as a
proximate result of the criminal act and was not gainfully employed at the time of the criminal act, such victim shall receive monthly during the period of such
disability the following percentages, where applicable,
of the average monthly wage determined as of the date
11975 RCW Supir---11 62)
of the criminal act pursuant to RCW 51.08.018 as now
or hereafter amended:
(a) If married at the time of the criminal act, twentynine percent of such average monthly wage.
(b) If married with one child at the time of the criminal act, thirty-four percent of such average monthly
wage.
(c) If married with two children at the time of the
criminal act, thirty-eight percent of such average
monthly wage.
(d) If married with three children at the time of the
criminal act, forty-one percent of such average monthly
wage.
(e) If married with four children at the time of the
criminal act, forty-four percent of such average monthly wage.
(f) If married with five or more children at the time of
the criminal act, forty-seven percent of such average
monthly wage.
(g) If unmarried at the time of the criminal act,
twenty-five percent of such average monthly wage.
(h) If unmarried with one child at the time of the
criminal act, thirty percent of such average monthly
wage.
(i) If unmarried with two children at the tii:ne of the
criminal act, thirty-four percent of such average
monthly wage.
G) If unmarried with three children at the time of the
criminal act, thirty-seven percent of such average
monthly wage.
(k) If unmarried with four children at the time of the
criminal act, forty percent of such average monthly
wage.
(1) If unmarried with five or more children at the time
of the criminal act, forty-three percent of such average
monthly wage.
(6) The benefits established in RCW 51.32.080 as now
or hereafter amended for permanent partial disability
shall be the benefits obtainable under this chapter, and
provisions relating to payment contained in that section
shall equally apply under this chapter.
(7) The benefits established in RCW 51.32.090 as now
or hereafter amended for temporary total disability
shall be the benefits obtainable under this chapter, and
provisions relating to payment contained in that section
shall apply under this chapter: Provided, That no person shall be eligible for temporary total disability benefits under this chapter if such person was not gainfully
employed at the time of the criminal act, and was not
so employed for at least three consecutive months of
the twelve months immediately preceding the criminal
act.
(8) The benefits established in RCW 51.32.095 as now
or hereafter amended for continuation of benefits during vocational rehabilitation shall be benefits obtainable
under this chapter, and provisions relating to payment
contained in that section shall apply under this chapter.
(9) The provisions for lump sum payment of benefits
upon death or permanent total disability as contained
in RCW 51.32.130 as now or hereafter amended shall
apply under this chapter.
Victims of Crimes--Compensation
(10) The provisions relating to payment of benefits to,
for or on behalf of workmen contained in RCW 51.32.040, 5 l.32.055, 5 l.32.100, 5 l.32. l lO, 5 l.32.120, 5 l.32.135, 51.32.140, 51.32.150, 51.32.160 and 51.32.210 as
now or hereafter amended shall be applicable to payment of benefits to, for or on behalf of victims under
this chapter. [1975 !st ex.s. c 176 § 3; 1973 1st ex.s. c
122 § 7.]
•Reviser's note: RCW "51.32.070" was repealed by 1975 I st ex.s. c
224 § 19.
7.68.075 Marital status--Payment for or on account of children. Notwithstanding the provisions of any
of the sections, as now or hereafter amended, of Title
51 RCW which are made applicable to this chapter, the
marital status of all victims shall be deemed to be fixed
as of the date of the criminal act. All references to the
child or children living or conceived of the victim in
this chapter shall be deemed to refer to such child or
children as of the date of the criminal act unless the
context clearly indicates the contrary.
Payments for or on account of any such child or
children shall cease when such child is no longer a
"child" as defined in *RCW 51.32.005, as now or hereafter amended, or on the death of any such child
whichever occurs first.
Payments to the victim or surviving spouse for or on
account of any such child or children shall be made
only when the victim or surviving spouse has legal custody of any such child or children. Where the victim or
surviving spouse does not have such legal custody any
payments for or on account of any such child or children shall be made to the person having legal custody
of such child or children and the amount of payments
shall be subtracted from the payments which would
have been due the victim or surviving spouse had legal
custody not been transferred to another person. [ 1975
1st ex.s. c 176 § 9.}
*Reviser's note: "RCW 51.32.005" was repealed by 1975 !st ex.s. c
224 § 19.
7.68.080 Medical aid. The provisions of chapter 51.36 RCW as now or hereafter amended shall govern the
provision of medical aid under this chapter except that:
(1) The provisions contained in RCW 51.36.030 and
51.36.040 as now or hereafter amended shall not apply
to this chapter;
(2) The specific provisions of RCW 51.36.020 as now
or hereafte~ amended relating to supplying emergency
transportation shall not apply: Provided, That when the
injury to any victim is so serious as to require his being
taken from the place of injury to a place of treatment,
reasonable transportation costs to the nearest place of
proper treatment shall be reimbursed from the fund established pursuant to RCW 7.68.090. [1975 Ist ex.s. c
176 § 4; 1973 1st ex.s. c 122 § 8.]
7.68.110 Appeals. The provisions contained in chapter 5 l.52 RCW as now or hereafter amended relating to
al?peals shall govern .appeals under this chapter: Provided, That no provis10n contained in chapter 51.52
7.68.140
RCW concerning employers as parties to any settlement, appeal or other action shall apply to this chapter:
Provided further, That appeals taken from a decision of
the board of industrial insurance appeals under this
chapter shall be governed by the provisions relating to
judicial review of administrative decisions contained in
RCW 34.04.130 and 34.04.140 as now or hereafter
amended. [1975 I st ex.s. c 176 § 5; 1973 l st ex.s. c 122 §
l l.]
7.68.125 Erroneous or fraudulent payment--Repayment, when--Penalty. (l) Whenever any payment
under this chapter is made because of clerical error,
mistake of identity, innocent misrepresentation by or on
behalf of the recipient thereof mistakenly acted upon,
or any other circumstance of a similar nature, all not
induced by fraud, the recipient thereof shall repay it
and recoupment may be made from any future payments due to the recipient under this chapter: Provided,
That the department must make claim for such repayment or recoupment within one year of the making of
any such payment or it will be deemed that any claim
therefor has been waived: Provided further, That the
department may exercise its discretion to waive, in
whole or in part, the amount of any such timely claim.
(2) Whenever any payment under this chapter has
been made pursuant to an adjudication by the department, board, or any court and timely appeal therefrom
has been made and the final decision is that any such
payment was made pursuant to an erroneous adjudication, the recipient thereof shall repay it and recoupment
may be made from any future payments due to the recipient under this chapter: Provided, That the department may exercise its discretion to waive, in whole or in
·
part, the amount thereof.
(3) Whenever any payment under this chapter has
been induced by fraud the recipient thereof shall repay
any such payment together with a penalty of fifty percent of the total of any such payments and the amount
of such total sum may be recouped from any future
payments due to the recipient under this chapter and
the amount of the penalty shall be placed in the fund or
funds established pursuant to RCW 7.68.090 as now or
hereafter amended. [1975 1st ex.s. c 176 § 8.]
7.68.140 Confidentiality. Information contained in
the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and
shall not be open to public inspection: Provided, That,
except as limited by state or federal statutes or regulations, such information may be provided to public employees in the performance of their official duties:
Provided further, That except as otherwise limited by
state or federal statutes or regulations a representative
of a cla~mant, be_ it an individual or an organization,
may review a claim file or receive specific information
therefrom upon the presentation of the signed authoriz~tion of t_he claimant:_ 1:rovi~ed further, That physicians tre_atmg or exammmg victims claiming benefits
under this chapter or physicians giving medical advice
to t~e department regarding any claim may, at the discret10n of the department and as not otherwise limited
(1975 RCW Supp--p 63)
7.68.140
Title 7:
Special Proceedings
by. state or federal statutes or regulations, inspect the
claim files and records of such victims, and other persons may. when rendering assistance to the department
~t any stage of the proceedings on any matter pertaining to the administration of this chapter, inspect the
claim files and records of such victims at the discretion
of the department and as not otherwise limited by state
or federal statutes or regulations. [1975 1st ex.s. c 176 §
6; 1973 1st ex.s. c 122 § 14.]
7.68.145 Release of information in performance of
official duties. Notwithstanding any other provision of
law, all law enforcement, criminal justice, or other governmental agencies, or hospital; any physician or other
practitioner of the healing arts; or any other organization or person having possession or control of any investigative or other information pertaining to any
alleged criminal act or victim concerning which a claim
for benefits has been filed under this chapter, shall,
upon request, make available to and allow the reproduction of any such information by the section of the
department administering this chapter or other public
employees in their performance of their official duties
under this chapter.
No person or organization, public or private, shall
incur any legal liability by reason of releasing any such
information to the director of labor and industries or
the section of the department which administers this
chapter or other public employees in the performance
of their official duties under this chapter. [1975 1st ex.s.
cl76§7.]
7.68.165 Application of chapter to claims filed under
RCW 7.68.160. The rights, privileges, responsibilities,
duties, limitations and procedures contained in this
chapter shall apply to those claims filed pursuant to
RCW 7 .68.160. In respect to such claims, the department shall proceed in the same manner and with the
same authority as provided in this chapter with respect
to those claims filed pursuant to RCW 7.68.060 as now
or hereafter amended. [1975 1st ex.s. c 176 § 10.]
Title 9
CRIMES AND PUNISHMENTS
Chapters
9.01
General provisions.
9.08
Animals, crimes relating to.
9.09
Arson.
9.11
Assault.
9.15
Bigamy.
9.18
Bribery and grafting.
9.19
Burglary.
9.22
Conspiracy.
9.26
Counterfeiting.
9.26A Credit cards, crimes relating to.
9.27
Disturbances, riot and unlawful assembly.
9.30
Duelling.
9.31
Escape and rescue.
9.33
Extortion, blackmail and coercion.
(1975 RCW Supp----p
641
9.34
9.37
9.38
9.40
9.44
9.45
9.46
9.48
9.52
9.54
9.55
9.61
9.65
9.68
9.69
9.72
9.75
9.76
9.78
9.79
9.80
9.83
9.87
9.91
9.94
9.95
9.96A
False personation.
False pretenses.
False representations.
Fire, crimes relating to.
Forgery.
Frauds and swindles.
Gambling--1973 Act.
Homicide.
Kidnaping.
Larceny.
Legislature, crimes relating to.
Malicious mischief--Injury to property.
Mayhem.
Obscenity.
Obstructing justice.
Perjury.
Robbery.
Sabbath breaking.
Shoplifting.
Sex crimes.
Suicide.
Trespass.
Vagrancy.
Miscellaneous crimes.
Prisoners--State penal institutions.
Prison terms, paroles and probation.
Restoration of employment rights.
Many of the sections of this title were repealed by Title 9A "Washington Criminal Code" such repeals will not
however become operative until July 1, 1976, which is the
effective date of Title 9A RCW (See RCW 9A.04.010).
The comprehensive schedule of repeaters is codified as
RCW 9A.98.010. Such repeaters are also noted in the
supplemental "Table of Disposition of Former RCW
Sections'' published in this volume.
Chapter 9.01
GENERAL PROVISIONS
Sections
9.01.010
9.01.060
9.01.111
9.01.150
9.01.170
through 9.01.050 Repealed. (Effective July
through 9.01.100 Repealed. (Effective July
through 9.01.116 Repealed. (Effective July
Repealed. (Effective July l, 1976.)
through 9.01.190 Repealed. (Effective July
l, 1976.)
1, 1976.)
1, 1976.)
1, 1976.)
9.01.010 through 9.01.050 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.01.060 through 9.01.100 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.01.111 through 9.01.116 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.01.150 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.30.010 through 9.30.050
Duelling
9.01.170 through 9.01.190 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.08
ANIMALS, CRIMES RELATING TO
Sections
9.08.040
9.08.050
Chapter 9.19
BURGLARY
Sections
9.19.010
through 9.19.050 Repealed. (Effective July 1, 1976.)
9.19.010 through 9.19.050 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Repealed. (Effective July l, 1976.)
Repealed.
Chapter 9 .22
CONSPIRACY
9.08.040 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Sections
9.22.010
9.08.050 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
9.22.010 through 9.22.040 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9 .09
ARSON
Sections
9.09.010
through 9.09.060 Repealed. (Effective July I, 1976.)
through 9.22.040 Repealed. (Effective July 1, 1976.)
Chapter 9 .26
COUNTERFEITING
Sections
9.26.010
through 9.26.030 Repealed. (Effective July 1, 1976.)
9.09.010 through 9.09.060 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.26.010 through 9.26.030 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.11
ASSAULT
Chapter 9.26A
CREDIT CARDS, CRIMES RELATING TO
Sections
9.11.010
through 9.11.050 Repealed. (Effective July I, 1976.)
Sections
9.26A.010
through 9.26A.080 Repealed. (Effective July 1, 1976.)
9.11.010 through 9.11.050 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.26A.010 through 9.26A.080 Repealed. (Effective
July 1, 1976.) See Supplementary Table of Disposition
of Former RCW Sections, this volume.
Chapter 9.15
BIGAMY
Chapter 9 .27
DISTURBANCES, RIOT AND UNLAWFUL
ASSEMBLY
Sections
9.15.010
through 9.15.020 Repealed. (Effective July I. 1976.)
9.15.010 through 9.15.020 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.18
BRIBERY AND GRAFTING
Sections
9.18.010
9.18.090
Sections
9.27.010
9.27.020
Repealed. (Effective July 1, 1976.)
through 9.27.100 Repealed. (Effective July 1, 1976.)
9.27.010 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.27.020 through 9.27.100 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
through 9.18.070 Repealed. (Effective July 1, 1976.)
through 9.18.110 Repealed. (Effective July 1, 1976.)
Chapter 9.30
DUELLING
9.18.010 through 9.18.070 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Sections
9.30.010
9.18.090 through 9.18.110 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.30.010 through 9.30.050 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
through 9.30.050 Repealed. (Effective July 1, 1976.)
[1975 RCW Supp----p
651
Chapter 931
Title 9:
Crimes and Punishments
9.40.050 through 9.40.080
Chapter 9.31
ESCAPE AND RESCL'E
Sections
9.31.005
9.31.100
Repealed.
(Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
through 9.31.080 Repealed. (Effective July 1, 1976.)
Repealed. (Effective July 1, 1976.)
Chapter 9.44
FORGERY
931.005 through 931.080 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Sections
9.44.010
9.31.100 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.44.010 through 9.44.070 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 933
EXTORTION, BLACKMAIL AND COERCION
Chapter 9.45
FRAUDS AND SWINDLES
Sections
9.33.010
through 9.33.070 Repealed. (Effective July 1, 1976.)
9.33.010 through 933.070
Repealed.
(Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
through 9.34.020 Repealed. (Effective July 1, 1976.)
9.34.010 through 9.34.020
Repealed.
(Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.38
FALSE REPRESENTATIO NS
through 9.38.050 Repealed. (Effective July 1, 1976.)
9.38.030 through 938.050
Repealed.
(Effective July
1, 1976.) See Supplementary Table of Disposition of
1,
1,
1,
1,
1976.)
1976.)
1976.)
1976.)
9.45.030 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.45.050 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.46
GAMBLING-1973 ACT
Sections
9.46.010
9.46.020
9.46.030
9.46.070
9.46.075
9.46.090
9.46.113
9.46.130
9.46.140
Former RCW Sections, this volume.
9.46.160
Chapter 9.40
FIRE, CRIMES RELATING TO
Sections
9.40.010
9.40.050
July
July
July
July
through 9.37.060 Repealed. (Effective July 1, 1976.)
9.37.010 through 937.060 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Sections
9.38.030
(Effective
(Effective
(Effective
(Effective
9.45.200 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.37
FALSE PRETENSES
Sections
9.37.010
Repealed.
Repealed.
Repealed.
Repealed.
9.45.010 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.34
FALSE PERSONATION
Sections
9.34.010
Sections
9.45.010
9.45.030
9.45.050
9.45.200
through 9.44.070 Repealed. (Effective July I, 1976.)
9.46.210
9.46.293
through 9.40.030 Repealed. (Effective July l, 1976.)
through 9.40.080 Repealed. (Effective July 1, 1976.)
9.40.010 through 9.40.030
Repealed.
(Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
11975 RCW Supp--p 66]
Legislative declaration.
Definitions.
Certain gambling activities authorized.
Gambling commission-Powers and duties.
Gambling commission-Denial, suspension, or revocation of license, permit-Other provisions not
applicable.
Gambling commission-Reports.
Taxation of gambling activities-Disbursement.
Inspection and audit of premises, paraphernalia, books
and records-Reports for the commission.
Gambling commission-Hearing and subpoena power-Hearing officers.
Conducting activity without license as violationPenalties.
Enforcement-Commission as a law enforcement
agency.
Fishing derbies exempted.
9.46.010 Legislative declaration. It is hereby declared to be the policy of the legislature, recognizing the
close relationship between professional gambling and
organized crime, to restrain all persons from seeking
profit from professional gambling activities in this state;
Gambling--1973 Act
t? restrain all persons from patromzmg such profess10~al gambling activities; to safeguard the public
agamst the evils induced by common gamblers and
co.mmon gambling houses engaged in professional gamblmg; and at the same time, both to preserve the freedom of the press and to avoid restricting participation
by individuals in activities and social pastimes, which
activities and social pastimes are more for amusement
rather than for profit, do not maliciously affect the
public, and do not breach the peace.
The legislature further declares that the raising of
funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are
hereinafter in this chapter authorized.
The legislature further declares that the conducting of
bingo, raffles, and amusement games and the operation
of punch boards, pull-tabs, card games and other social
pastimes, when conducted pursuant to the provisions of
this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such
lotteries for which no valuable consideration has been
paid or agreed to be paid as hereinafter in this chapter
provided.
The legislature further declares that fishing derbies
shall not constitute any form of gambling and shall not
be considered as a lottery, a raffle, or an amusement
game and shall not be subject to the provisions of this
chapter or any rules and regulations adopted hereunder.
All factors incident to the activities authorized in this
chapter shall be closely controlled, and the provisions
of this chapter shall be liberally construed to achieve
such end. [1975 1st ex.s. c 259 § I; 1974 ex.s. c 155 § I;
1974 ex.s. c 135 § 1; 1973 1st ex.s. c 218 § I.]
Reviser's note: Throughout this chapter as devolved from 1973 1st
ex.s. c 218 the phrase "this act" has been changed to "this chapter".
In addition to sections codified in this chapter, 1973 1st ex.s. c 218
had a repealer section (29) repealing RCW 9.47.150--9.47.170, 9.47.300-9.47.440, 9.59.010--9.59.050 and 82.28.010--82.28.060 and a legislative directive section (30) stating sections 1-28 should constitute a
new chapter in Title 9 RCW.
Severability--1974 ex.s. c 155: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c
155 § 13; 1974 ex.s. c 135 § 13.] This applies to RCW 9.46.010, 9.46.020, 9.46.030, 9.46.040, 9.46.070, 9.46.080, 9.46.110, 9.46.195, 9.46.200,
9.46.210, 9.46.230, 9.46.295 and to repeal ofRCW 9.46.280. Section 14
of the act which provided for an effective date and that act would be
subject to referendum petition was vetoed by the governor. Such veto
and the message thereon can be found in chapter 155, Laws of 1974
extraordinary session.
9.46.020 Definitions. (I) "Amusement game" means
a game played for entertainment in which:
(a) The contestant actively participates;
(b) The outcome depends in a material degree upon
the skill of the contestant;
(c) Only merchandise prizes are awarded;
(d) The outcome is not in the control of the operator;
(e) The wagers are placed, the winners are deter~ined, and a distribution of prizes or property is made
m the presence of all persons placing wagers at such
game; and
9.46.020
(f) Said game is conducted by a bona fide charitable
or nonprofit organization, no person other than a bona
fide member of said organization takes any part in the
management or operation of said game, including the
furnishing of equipment, and no part of the proceeds
thereof inure to the benefit of any person other than the
organization conducting such game or said game is
conducted as part of any agricultural fair as authorized
under chapters 15.76 and 36.37 RCW or said game is
conducted as part of and upon the site of:
(i) a civic center of a city with a population of twenty
thousand or more persons as of the most recent decennial census of the federal government; or
(ii) a worlds fair or similar exposition which is approved by the Bureau of International Expositions at
Paris, France; or
(iii) a community-wide civic festival held not more
than once annually and sponsored or approved by a
city or town.
(2) "Bingo" means a game in which prizes are
awarded on the basis of designated numbers or symbols
on a card conforming to numbers or symbols selected
at random and in which no cards are sold except at the
time and place of said game, when said game is conducted by a bona fide charitable or nonprofit organization which does not conduct or allow its premises to be
used for conducting bingo on more than three occasions per week and which does not conduct bingo in
any location which is used for conducting bingo on
more than three occasions per week, or if an agricultural fair authorized under chapters 15.76 and 36.37 RCW,
which does not conduct bingo on more than twelve
consecutive days in any calendar year, and except in
the case of any agricultural fair as authorized under
chapters 15.76 and 36.37 RCW, no person other than a
bona fide member or an employee of said organization
takes any part in the management or operation of said
game, and no person who takes any part in the management or operation of said game takes any part in the
management or operation of any game conducted by
any other organization or any other branch of the same
organization and no part of the proceeds thereof inure
to the benefit of any person other than the organization
conducting said game .
(3) "Bona fide charitable or nonprofit organization''
means: (a) any organization duly existing under the
provisions of chapters 24.12, 24.20, or 24.28 RCW, any
agricultural fair authorized under the provisions of
chapters 15.76 or 36.37 RCW, or any nonprofit corporation duly existing under the provisions of chapter 24.03 RCW for charitable, benevolent, eleemosynary,
educational, civic, patriotic, political, social, fraternal,
athletic or agricultural purposes only, or any nonprofit
organization, whether incorporated or otherwise, when
found by the commission to be organized and operating
for one or more of the aforesaid purposes only, all of
which in the opinion of the commission have been organized and are operated primarily for purposes other
than the operation of gambling activities authorized
under this chapter; or (b) any corporation which has
been incorporated under Title 36 U.S.C. and whose
(1975 RCW Supp---p 67)
9.46.020
Title 9:
Crimes and Punishments
principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also
to carry on a system of national and international relief
and to apply the same in mitigating the sufferings
caused by pestilence, famine, fire, floods. and other national calamities and to devise and carry on measures
for preventing the same. The fact that contributions to
an organization do not qualify for charitable contribution deduction purposes or that the organization is not
otherwise exempt from payment of federal income taxes
pursuant to the Internal Revenue Code of 1954, as
amended, shall constitute prima facie evidence that the
organization is not a bona fide charitable or nonprofit
organization for the purposes of this section.
Any person, association or organization which pays
its employees, including members, compensation other
than is reasonable therefor under the local prevailing
wage scale shall be deemed paying compensation based
in part or whole upon receipts relating to gambling activities authorized under this chapter and shall not be a
bona fide charitable or nonprofit organization for the
purposes of this chapter.
(4) "Bookmaking" means accepting bets as a business, rather than in a casual or personal fashion, upon
the outcome of future contingent events.
(5) "Commission'' means the Washington state gambling commission created in RCW 9.46.040.
(6) "Contest of chance" means any contest, game,
gaming scheme, or gaming device in which the outcome
depends in a material degree upon an element of
chance, notwithstanding that skill of the contestants
may also be a factor therein.
(7) "Fishing derby" means a fishing contest, with or
without the payment or giving of an entry fee or other
consideration by some or all of the contestants wherein
prizes are awarded for the specie[s], size, weight, or
quality of fish caught in a bona fide fishing or recreational event.
(8) "Gambling". A person engages in gambling if he
stakes or risks something of value upon the outcome of
a contest of chance or a future contingent event not
under his control or influence, upon an agreement or
understanding that he or someone else will receive
something of value in the event of a certain outcome.
Gambling does not include fishing derbies as defined by
this chapter, parimutuel betting as authorized by chapter 67.16 RCW, bona fide business transactions valid
under the law of contracts, including, but not limited
to, contracts for the purchase or sale at a future date of
securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or
guarantee and life, health or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under subsection (13)
of this section shall not constitute gambling.
(9) "Gambling device" means: (a) Any device or
mechanism the operation of which a right to money,
credits, deposits or other things of value may be created, in return for a consideration, as the result of the
operation of an element of chance; (b) any device or
mechanism which, when operated for a consideration,
(1975 RCW Supp----p 68)
does not return the same value or thing of value for the
same consideration upon each operation thereof; (c)
any device, mechanism, furniture, fixture, construction
or installation designed primarily for use in connection
with professional gambling; and (d) any subassembly or
essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture,
construction or installation. But in the application of
this definition, a pinball machine or similar mechanical
amusement device which confers only an immediate
and unrecorded right of replay on players thereof,
which does not contain any mechanism which varies
the chance of winning free games or the number of free
games which may be won or a mechanism or a chute
for dispensing coins or a facsimile thereof, and which
prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five
balls individually upon the insertion of a nickel or
dime, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device:
Provided further, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball
machines or similar mechanical amusement devices
shall not be deemed engaging in professional gambling
for the purposes of this chapter and shall not be a violation of this chapter: Provided further, That any fee
for the purchase or rental of any such pinball machines
or similar amusement devices shall have no relation to
the use to which such machines are put but be based
only upon the market value of any such machine, regardless of the location of or type of premises where
used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use to
which such machines are put, but be commensurate
with the cost of labor and other expenses incurred in
any such storing, repairing and transporting.
(10) "Gambling information" means any wager made
in the course of and any information intended to be
used for professional gambling. In the application of
this definition information as to wagers, betting odds
and changes in betting odds shall be presumed to be
intended for use in professional gambling: Provided,
however, That this subsection shall not apply to newspapers of general circulation or commercial radio and
television stations licensed by the federal communications commission.
(11) "Gambling premises" means any building, room,
enclosure, vehicle, vessel or other place used or intende_d to be used for professional gambling. In the applicatlo°: o~ this definition, any place where a gambling
device is found, shall be presumed to be intended to be
used for professional gambling.
. (12) "G~mbling record" means any record, receipt,
tlcket, certlficate, token, slip or notation given, made[,]
used or intended to be used in connection with professional gambling.
(13) "Lottery" means a scheme for the distribution of
money or property by chance, among persons who have
paid or agreed to pay a valuable consideration for the
chance.
Gambling--1973 Act
. For the purpose of this chapter, the following activities do not constitute "valuable consideration" as an element of a lottery:
(a) Listening to or watching a television or radio program or subscribing to a cable television service;
(b) Filling out and returning a coupon or entry blank
~r facsimile which is received through the mail or published in a bona fide newspaper or magazine, or in a
program sold in conjunction with and at a regularly
scheduled sporting event, or the purchase of such a
newspaper, magazine or program;
(~) Sending a coupon or entry blank by United States
mail. to a designated address in connection with a promotion conducted in this state;
(d) Visitation to any business establishment to obtain
a coupon, or entry blank;
(e! Mere registration without purchase of goods or
services;
. (t) Expenditure o.f time, thought, attention and energy
m perusmg promotional material;
(~) Placing or answering a telephone call in a prescn bed manner or otherwise making a prescribed response or answer; or
(h) Furnishing the container of any product as packaged by the manufacturer, or a particular portion
thereof but only if furnishing a plain piece of paper or
card w~th the ~a~e of the manufacturer or product
handwritten on it 1s acceptable in lieu thereof: Provided, That where any drawing is held by or on behalf of
in-state retail outlets in connection with business promotions authorized under subsections (d) and (e) hereof, no such in-state retail outlet may conduct more than
one such drawing during each calendar year and the
period of the drawing and its promotion shall not extend for more than seven consecutive days: Provided
further, That if the sponsoring organization has more
~han one outlet in the state such drawings must be held
m all such outlets at the same time except that a sponsoring organization with more than one outlet may
conduct a separate drawing in connection with the initial opening of any such outlet.
For purposes of this chapter, radio and television
br?adcasting is hereby declared to be preempted by applicable federal statutes and the rules applicable thereto
by the federal communications commission. Broadcast
programming, including advertising and promotion,
that complies with said federal statutes and regulations
is hereby authorized.
(14) "Player" means a natural person who engages,
on equal terms with the other participants, and solely as
a ~ontestant or bettor, in any form of gambling in
which no person may receive or become entitled to rec~ive. any profit ~herefrom other than personal gambling
wi~nmgs, and without otherwise rendering any material
ass1sta~ce to the establishment, conduct or operation of
a particular ga~bling activity. A natural person who
gambles at a s.0~1al game of chance on equal terms with
the other participants therein does not otherwise render
mat~rial assistance to the establishment, conduct or operat10n thereof by performing, without fee or remunerati?i:1• .acts directed toward the arrangement or
facihtat10n of the game, such as inviting persons to
9.46.020
play, permitting the use of premises therefor, and supplying cards or other equipment used therein. A person
who engages in "bookmaking" as defined in this section
is not a "player".
(15) A person is engaged in "professional gambling"
when:
(a) Acting other than as a player or in the manner set
forth in RCW 9.46.030 as now or hereafter amended, he
knowingly engages in conduct which materially aids
any other form of gambling activity; or
(b) Acting other than as a player, or in the manner
set forth in RCW 9.46.030 as now or hereafter amended, he knowingly accepts or receives money or other
property pursuant to an agreement or understanding
with any person whereby he participates or is to participate in the proceeds of gambling activity;
(c) He engages in bookmaking; or
(d) He conducts a lottery as defined in subsection
(13) of this section.
Conduct under subparagraph (a), except as exempted
under RCW 9.46.030 as now or hereafter amended, includes but is not limited to conduct directed toward the
creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia,
equipment or apparatus therefor, toward the solicitation
or inducement of persons to participate therein, toward
the actual conduct of the playing phases thereof, toward
the arrangement of any of its financial or recording
phases, or toward any other phase of its operation. If a
person having substantial proprietary or other authoritative control over any premises shall permit said premises to be used with the person's knowledge for the
purpose of conducting gambling activity other than
gambling activities as set forth in RCW 9.46.030 as now
or hereafter amended, and acting other than as a
player, and said person permits such to occur or continue or makes no effort to prevent its occurrence or
~ontinuat~on, he shal~ be considered as being engaged
m profess10nal gamblmg: Provided, That the proprietor
of a bowling establishment who awards prizes obtained
from _player co°:tributions, to players successfully
knockmg down pms upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of
the bowling establishment, where the proprietor does
not participate in the proceeds of the "prize fund" shall
n~t ~~ c<?ns.trued to be ~ngaging in "professional gambling w1thm the meanmg of this chapter: Provided,
further, That the books and records of the game shall
be open to public inspection.
(_16) "Punch boar?s" and "pull-tabs" shall be given
their usual and ordm~ry meaning as of July 16, 1973,
ex.cept that such defimtton may be revised by the commission pursu~nt to rules and regulations promulgated
pursuant to this chapter.
(17) "Raffle" means a game in which tickets bearing
an individual number are sold for not more than one
dollar eac~ and in whi~h a prize or prizes are awarded
on the basis of a drawi.ng from said tickets by the person or persons conductmg the game, when said game is
[1975 RCW Supp---p 691
9.46.020
Title 9:
Crimes and Punishments
conducted by a bona fide charitable or nonprofit organization. no person other than a bona fide member of
said organization takes any part in the management or
operation of said game, and no part of the proceeds
thereof inure to the benefit of any person other than the
organization conducting said game.
(18) "Social card game" means a card game, including but not limited to the game commonly known as
"Mah Jongg", which constitutes gambling and contains
each of the following characteristics:
(a) There are two or more participants and each of
them are players; and
(b) A player's success at winning money or other
thing of value by overcoming chance is in the long run
largely determined by the skill of the player; and
(c) No organization, corporation or person collects or
obtains or charges any percentage of or collects or obtains any portion of the money or thing of value wagered or won by any of the players: Provided, That this
item (c) shall not preclude a player from collecting or
obtaining his winnings; and
(d) No organization or corporation, or person collects
or obtains any money or thing of value from, or charges
or imposes any fee upon, any person which either enables him to play or results in or from his playing: Provided, That this item (d) shall not apply to the
membership fee in any bona fide charitable or nonprofit
organization or to an admission fee allowed by the
commission pursuant to RCW 9.46.070; and
(e) The type of card game is one specifically approved by the commission pursuant to RCW 9.46.070;
and
(f) The extent of wagers, money or other thing of
value which may be wagered or contributed by any
player does not exceed the amount or value specified by
the commission pursuant to RCW 9.46.070.
(l 9) "Thing of value" means any money or property,
any token, object or article exchangeable for money or
property, or any form of credit or promise, directly or
indirectly, contemplating transfer of money or property
or of any interest therein, or involving extension of a
service, entertainment or a privilege of playing at a
game or scheme without charge.
(20) "Whoever" and "person" include natural persons, corporations and partnerships and associmions of
persons; and when any corporate officer, director or
stockholder or any partner authorizes, participates in,
or knowingly accepts benefits from any violation ~f this
chapter committed by his corp?rati?n or p_ar~nersh1p, he
shall be punishable for such v10lat10n as if it had been
directly committed by him. [ 1975 I st ex.s. c 259 § 2;
1974 ex.s. c 155 § 2; 1974 ex.s. c 135 § 2; 1973 1st ex.s.
c 218 § 2.]
conducted or operated pursuant to the provisions of
this chapter and rules and regulations adopted pursuant
thereto.
(2) Bona fide charitable or bona fide nonprofit organizations organized primarily for purposes other than
the conduct of raffles, are hereby authorized to conduct
raffles without obtaining a license to do so from the
commission when such raffles are held in accordance
with all other requirements of chapter 9.46 RCW, other
applicable laws, and rules of the commission; when
gross revenues from all such raffles held by the organization during the calendar year do not exceed five
thousand dollars; and when tickets to such raffles are
sold only to, and winners are determined only from
among, the regular members of the organization conducting the raffle: Provided, That the term members for
this purpose shall mean only those persons who have
become members prior to the commencement of the
raffle and whose qualification for membership was not
dependent upon, or in any way related to, the purchase
of a ticket, or tickets, for such raffles.
(3) The legislature hereby authorizes any person, association or organization to conduct social card games
and to utilize punch boards and pull-tabs as a commercial stimulant when licensed and utilized or operated pursuant to the provisions of this chapter and rules
and regulations adopted pursuant thereto.
(4) The legislature hereby authorizes the management
of any agricultural fair as authorized under chapters
15.76 and 36.37 RCW to conduct amusement games
when licensed and operated pursuant to the provisions
of this chapter and rules and regulations adopted pursuant thereto as well as authorizing said amusement
games as so licensed and operated to be conducted as a
part of and upon the site of:
(a) A civic center of a city with a population of
twenty thousand or more persons as of the most recent
decennial census of the federal government; or
(b) A worlds fair or similar exposition which is approved by the Bureau of International Expositions at
Paris, France; or
(c) A community-wide civic festival held not more
than once annually and sponsored or approved by a
city or town.
The penalties provided for professional gambling in
this chapter, shall not apply to bingo games, raffles,
punch boards, pull-tabs, or amusement games when
conducted in compliance with the provisions of this
chapter and in accordance with the rules and regulations of the commission. [1975 1st ex.s. c 259 § 3; 1974
ex.s. c 155 § 3; 1974 ex.s. c 135 § 3; 1973 1st ex.s. c 218
§ 3.]
Severability-1974 ex.s. c 155: See note following RCW 9.46.010.
Severability-1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.030 Certain gambling activities authorized. (1)
The legislature hereby authorizes bona_ fide charitable
or nonprofit organizations to conduct bmgo games, raffles, amusement games, to utilize punch boards and
pull-tabs and to allow their premises and facilities to be
used by members and guests on~y _to play soc~al card
games authorized by the comrmss1on, when licensed,
9.46.070 Gambling commission--Powers and duties. The commission shall have the following powers
and duties:
(1) To authorize and issue licenses for a period not to
exceed one year to bona fide charitable or nonprofit organizations approved by the commission meeting the
(1975 RCW Supp---p 701
Gambling--1973 Act
requirements of this chapter and any_ r~les ai:id regul~­
tions adopted pursuant thereto perm1ttmg said organizations to conduct bingo games, raffles, amusement
games, and social card games to utilize punch boards
and pull-tabs in accordance with the provisions of this
chapter and any rules and regulation~ ad_opted pursu~nt
thereto and to revoke or suspend said licenses for v10la tion of any provisions of this chapter or any rules and
regulations adopted pursuant thereto: Provided, That
the commission shall not deny a license to an otherwise
qualified applicant in an effort to limit the number of
licenses to be issued: Provided further, That the commission or director shall not issue, deny, suspend or revoke any license because of considerations of race, sex,
creed, color, or national origin: And provided further,
That the commission may authorize the director to
temporarily issue or suspend licenses subject to final
·action by the commission;
(2) To authorize and issue licenses for a period not to
exceed one year to any person, association or organization approved by the commission meeting the requirements of this chapter and any rules and regulations
adopted pursuant thereto permitting said person, association or organization to utilize punch boards and
pull-tabs and to conduct social card games as a commercial stimulant in accordance with the provisions of
this chapter and any rules and regulations adopted pursuant thereto and to revoke or suspend said licenses for
violation of any provisions of this chapter and any rules
and regulations adopted pursuant thereto: Provided,
That the commission shall not deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued: Provided further, That the
commission may authorize the director to temporarily
issue or suspend licenses subject to final action by the
commission;
(3) To authorize, require, and issue, for a period not
to exceed one year, such licenses as the commission
may by rule provide, to any person, association or organization to engage in the selling, distributing, or otherwise supplying or in the manufacturing of devices for
use within this state for those activities authorized by
RCW 9.46.030 as now or hereafter amended.
(4) To establish a schedule of annual license fees for
carrying on specific gambling activities upon the premises, and for such other activities as may be licensed by
the commission, which shall provide to the commission
not less than an amount of money adequate to cover all
costs incurred by the commission relative to licensing
under this chapter and the enforcement by the commission of the provisions of this chapter and rules and regulations adopted pursuant thereto: Provided, That all
licensing fees shall be submitted with an application
therefor and not less· than fifty percent of any such license fee shall be retained by the commission upon the
denial of any such license as its reasonable expense for
investigation into the granting thereof: Provided further,_ T?at the_ commission may establish fees for the
furmshmg by 1t to licensees of identification stamps to
be affixed ~o _such devices and equipment as required by
the comm1ss10i:i and for such other special services or
programs requued or offered by the commission, the
9.46.070
amount of each of these fees to be not less than is adequate to offset the cost to the commission of the stamps
and of administering their dispersal to licensees or the
cost of administering such other special services, requirements or programs.
Notwithstanding any other provision of this subsection, raffles may be conducted by any bona fide charitable or nonprofit organization not more than once
each year without payment of a license fee if such organization shall not receive in gross receipts therefrom
an amount over five thousand dollars.
(5) To require that applications for all licenses contain such information as may be required by the comm1ss10n: Provided, That all persons having a
managerial or ownership interest in any gambling activity, or the building in which any gambling activity
occurs, or the equipment to be used for any gambling
activity, or participating as an employee in the operation of any gambling activity, shall be listed on the application for the license and the applicant shall certify
on the application, under oath, that the persons named
on the application are all of the persons known to have
an interest in any gambling activity, building, or equipment by the person making such application: Provided
further, That the commission may require fingerprinting
and background checks on any persons seeking licenses
under this chapter or of any person holding an interest
in any gambling activity, building or equipment to be
used therefor, or of any person participating as an employee in the operation of any gambling activity;
(6) To require that any license holder maintain records as directed by the commission and submit such
reports as the commission may deem necessary;
(7) To require that all income from bingo games, raffles, and amusement games be recorded and reported as
established by rule or regulation of the commission to
the extent deemed necessary by considering the scope
and character of the gambling activity in such a manner
that will disclose gross income from any gambling activity, amounts received from each player, the nature
and value of prizes, and the fact of distributions of such
prizes to the winners thereof;
(8) To regulate and establish maximum limitations on
income derived from bingo: Provided, That in establishing limitations pursuant to this subsection the commission shall take into account (i) the nature, character
and scope of the activities of the licensee; (ii) the source
of all other income of the licensee; (iii) the percentage
or extent to which income derived from bingo is used
for charitable, as distinguished from nonprofit,
purposes;
(9) To regulate and establish the type and scope of
and manner of conducting social card games permitted
to be played, and the extent of wager, money or other
thing of value which may be wagered or contributed or
won by a player in a social card game;
(10) To regulate and establish a reasonable admission
fee which may be imposed by an organization, corporation or person licensed to conduct a social card game
on a person desiring to become a player in a social card
game. A "reasonable admission fee" under this item
shall be limited to a fee which would defray or help to
(1975 RCW Supp-----p 711
9.46.070
Title 9:
Crimes and Punishments
defray the expenses of the game and which would not
be contrary to the purposes of this chapter;
( 12) To cooperate with and secure the cooperation of
county. city and other local or state agencies in investigating any matter within the scope of its duties and
responsibilities;
(13) In accordance with RCW 9.46.080, to adopt such
rules and regulations as are deemed necessary to carry
out the purposes and provisions of this chapter. All
rules and regulations shall be adopted pursuant to the
administrative procedure act, chapter 34.04 RCW;
(14) To set forth for the perusal of counties, citycounties, cities and towns, model ordinances by which
any legislative authority thereof may enter into the taxing of any gambling activity authorized in RCW 9.46.030 as now or hereafter amended;
( 15) To publish and make available at the office of
the commission or elsewhere to anyone requesting it a
list of the commission licensees, including the name,
address, type of license, and license number of each licensee; and
(16) To perform all other matters and things necessary to carry out the purposes and provisions of this
chapter. [1975 !st ex.s. c 259 § 4; 1974 ex.s. c 155 § 4;
1974 ex.s. c 135 § 4; 1973 2nd ex.s. c 41 § 4; 1973 1st
ex.s. c 218 § 7.]
Reviser's note: Hiatus in subsection numbering results from veto of
subsection ( 11 ).
Severability--1974 ex.s. c 155: See note following RCW 9.46.010.
Enforcement-Commission as a Jaw enforcement agency: RCW
9.46.210.
9.46.075 Gambling commission--Denial, suspension, or revocation of license, permit--Other provisions
not applicable. The commission may deny an application, or suspend or revoke any license or permit issued
by it, for any reason or reasons, it deems to be in the
public interest. These reasons shall include, but not be
limited to, cases wherein the applicant or licensee, or
any person with any interest therein:
(I) Has violated, failed or refused to comply with the
provisions, requirements, conditions, limitations or du:
ties imposed by chapter 9.46 RCW and any amendments thereto, or any rules adopted by the commission
pursuant thereto, or when a violation of any provision
of chapter 9.46 RCW, or any commission rule, has occurred upon any premises occupied or operated by any
such person or over which he or she has substantial
control;
(2) Knowingly causes, aids, abets, or conspires with
another to cause, any person to violate any of the laws
of this state or the rules of the commission;
(3) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or
mistake;
(4) Has been convicted of, or forfeited bond upon a
charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at
any level, or filing false reports there~ith, or of any
similar offense or offenses, or of any cnme, whether a
11975 RCW Supp---p 721
felony or misdemeanor involving any gambling activity
or involving moral turpitude;
(5) Denies the commission or its authorized representatives, including authorized local law enforcement
agencies, access to any place where a licensed activity is
conducted or who fails promptly to produce for inspection or audit any book, record, document or item required by law or commission rule;
(6) Shall fail to display its license on the premises
where the licensed activity is conducted at all times
during the operation of the licensed activity;
(7) Makes a misrepresentation of, or fails to disclose,
a material fact to the commission.
For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license the gambling commission may
consider any prior criminal conduct of the applicant
and the provisions of RCW 9.95.240 and of chapter
9.96A RCW shall not apply to such cases. [1975 !st
ex.s. c 166 § 12.]
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.090 Gambling commission--Reports. The
comm1ss10n shall, from time to time, make reports to
the governor covering such matters in connection with
this chapter as he may require, and in addition shall
prepare and forward to the governor, to be laid before
the legislature, a report for the period ending on the
thirty-first day of December of 1973, and a report annually thereafter on the thirtieth day of June of each
year, which report shall be a public document, and
contain a detailed statement and balance sheet showing
in general the fiscal condition of the commission and
commission expenditures and receipts for the preceding
interval, together with such general information and remarks as the commission deems pertinent thereto and
any information requested by either the governor or
members of the legislature: Provided, That the commission appointed pursuant to RCW 9.46.040 shall conduct
a thorough study of the types of gambling activity permitted and the types of gambling activity prohibited by
this chapter and shall make recommendations to the
legislature as to: (I) Gambling activity that ought to be
permitted; (2) gambling activity that ought to be prohibited; (3) the types of licenses and permits that ought
to be required; (4) the type and amount of tax that
ought to be applied to each type of permitted gambling
activity; (5) any changes which may be made to the law
of this state which further the purposes and policies set
forth in RCW 9.46.010 as now law or hereafter amended; and (6) any other matter that the commission may
deem appropriate. Members of the commission and its
staff may contact the legislature, or any of its members,
at any time, to advise it of recommendations of the
commission.
The co~mission shall conduct a thorough study of
the effectiveness of the *criminal sections of the act,
and penalties imposed thereby, and shall make a separate report to the legislature on or before January 1,
1977, outlining its findings and any recommendation for
Gambling--1973 Act
specific amendments to these sections it may have.
[1975 1st ex.s. c 166 § 4; 1973 1st ex.s. c 218 § 9.]
*Reviser's note: Phrase "criminal sections of the act" appears in
1975 )st ex.s. c 166 § 4 amendment; for sections of original 1973 act,
see Reviser's note following RCW 9.46.010; for sections of the 1975
act, see note below.
Severability-1975 1st ex.s. c 166: "If any provision of this 197.5
amendatory act, or its application to any person. or. c1rcumstance 1s
held invalid, the remainder of the act, or the apphcat10n of the provision to other persons or circumstances is not affected." [ 1975 I st ex.s.
c 166 § 15.) This applies to RCW 9.46.075, 9.46.090, 9.46.113, 9.46.130, 9.46.140, 9.46.160, 9.46.210, and 9.46.293.
9.46.113 Taxation of gambling activities--Disbursement. Any county, city or town which collects a
tax on gambling activities authorized pursuant to RCW
9.46.110 shall use the revenue from such tax primarily
for the purpose of enforcement of the provisions of this
chapter by the county, city or town law enforcement
agency. [1975 1st ex.s. c 166 § 11.]
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.130 Inspection and audit of premises, paraphernalia, books and records--Reports for the commission.
The premises and paraphernalia, and all the books and
records of any person, association or organization conducting gambling activities authorized under RCW
9.46.030 and any person, association or organization
receiving profits therefrom or having any interest therein shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by
the commission or its designee, the attorney general or
his designee, the chief of the Washington state patrol or
his designee or the prosecuting attorney, sheriff or director of public safety or their designees of the county
wherein located, or the chief of police or his designee of
any city or town in which said organization is located,
for the purpose of determining compliance or noncompliance with the provisions of this chapter and any rules
or regulations adopted pursuant thereto.
The commission shall be provided at such reasonable
intervals as the commission shall determine with a report, under oath, detailing all receipts and disbursements in connection with such gambling activities
together with such other reasonable information as required in order to determine whether such activities
comply with the purposes of this chapter or any local
ordinances relating thereto. [1975 1st ex.s. c 166 § 7;
1973 1st ex.s. c 218 § 13.]
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.140 Gambling commission--Hearing and subpoena power--Hearing officers. For the purpose of
obtaining information concerning any matter relating to
the administration or enforcement of this chapter, the
commission, or any person appointed by it in writing
for the purpose, may inspect the books, documents and
records of _any pers~n lending money to or in any manner financm& ~ny hcei:ise holder or applicant for a license ?r rece1vmg any mcome or profits from the use of
such hcense for the purpose of determining compliance
9.46.210
or noncompliance with the provisions of this chapter or
the rules and regulations adopted pursuant thereto. The
commission, or its designee, may conduct hearings, administer oaths, take depositions, compel the attendance
of witnesses and issue subpoenas pursuant to RCW 34.04.105. The commission may appoint hearing officers
to conduct hearings respecting the suspension, revocation or denial of licenses, who may administer oaths,
admit or deny admission of evidence, compel the attendance of witnesses, issue subpoenas, issue orders and
exercise all other powers and perform all other functions set out in RCW 34.04.090 (6) and (8), 34.04.100
and 34.04.105. The salaries and expenses of such hearing officers may be paid from any revenues available to
the commission. [1975 1st ex.s. c 166 § 8; 1973 1st ex.s.
c 218 § 14.]
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.160 Conducting activity without license as violation--Penalties. Any person who conducts any activity for which a license is required by this chapter, or by
rule of the commission, without the required license issued by the commission shall be guilty of a felony and
upon conviction shall be punished by imprisonment for
not more than five years or by a fine of not more than
one hundred thousand dollars, or both. If any corporation conducts any activity for which a license is required by this chapter, or by rule of the commission,
without the required license issued by the commission,
it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this
section. [ 1975 1st ex.s. c 166 § 9; 1973 1st ex.s. c 218 §
16.]
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.210 Enforcement--Commission as a law enforcement agency. (1) It shall be the duty of and all
peace officers or law enforcement officers or law enforcement agencies within this state are hereby empowered to investigate, and enforce and prosecute all
violations of this chapter. Law enforcement agencies of
cities and counties shall investigate and report to the
commission all violations of the provisions of this
chapter and of the rules of the commission found by
them and shall assist the commission in any of its investigations and proceedings respecting any such violations. Such law enforcement agencies shall not be
deemed agents of the commission.
(2) In addition to its other powers and duties, the
commission shall have the power to enforce the penal
provisions of chapter 218, Laws of 1973 1st ex. sess. and
as it may be amended, and the penal laws of this state
relating to the conduct of or participation in gambling
activities and the manufacturing, importation, transportation, distribution, possession and sale of equipment or
paraphernalia used or for use in connection therewith.
The director, both assistant directors and each of the
investigators and inspectors assigned by the department
of motor vehicles to the commission shall have the
(1975 RCW Supp----p 731
Title 9:
9.46.210
Crimes and Punishments
power, under the supervision of the commission, to enforce the penal provisions of chapter 218, Laws of 1973
1st ex. sess. and as it may be amended, and the penal
laws of this state relating to the conduct of or participation in gambling activities and the manufacturing,
importation, transportation, distribution, possession and
sale of equipment or paraphernalia used or for use in
connection therewith. They shall have the power and
authority to apply for and execute all warrants and
serve process of law issued by the courts in enforcing
the penal provisions of chapter 218, Laws of 1973 1st
ex. sess. and as it may be amended, and the penal laws
of this state relating to the conduct of or participation
in gambling activities and the manufacturing, importation, transportation, distribution, possession and sale of
equipment or paraphernalia used or for use in connection therewith. They shall have the power to arrest
without a warrant, any person or persons found in the
act of violating any of the penal provisions of chapter
218, Laws of 1973 1st ex. sess. and as it may be
amended, and the penal laws of this state relating to the
conduct of or participation in gambling activities and
the manufacturing, importation, transportation, distribution, possession and sale of equipment or paraphernalia used or for use in connection therewith. To the
extent set forth above, the commission shall be a law
enforcement agency of this state with the power to investigate for violations of and to enforce the provisions
of this chapter, as now law or hereafter amended, and
to obtain information from and provide information to
all other law enforcement agencies. [1975 1st ex.s. c 166
§ 10; 1974 ex.s. c 155 § 9; 1974 ex.s. c 135 § 9; 1973 1st
ex.s. c 218 § 21.]
Reviser's note: For codification of 1973 1st ex. sess. c 218 see note
to RCW 9.46.0JO. The contents of chapter 9.46 RCW through the
1974 ex. sess. derive either from 1973 1st ex. sess. c 218, are amendatory thereof, or have been specifically added thereto.
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
Severability--1974 ex.s. c 155: See note following RCW 9.46.0IO.
9.46.293 Fishing derbies exempted. Any fishing derby, defined under the provisions of *section 1(7) of this
1975 amendatory act, shall not be subject to any other
provisions of **this 1975 amendatory act or to any
rules or regulations of the commission. [1975 1st ex.s. c
166 § 13.]
Reviser's note: *(I) "section 1(7) of this 1975 amendatory act" [1975
1st ex.s. c 166 § 1(7)1, including the remainder of said section l, was
vetoed by the governor.
**(2) "this 1975 amendatory act" (1975 1st ex.s. c 166] consists of
RCW 9.46.075, 9.46.113, 9.46.293, and amendments to RCW 9.46.090,
9.46.130, 9.46.140, 9.46.160, and 9.46.2IO.
Severability--1975 1st ex.s. c 166: See note following RCW
9.46.090.
Chapter 9.48
HOMICIDE
Sections
9.48.0IO
through 9.48.170 Repealed. (Effective July l, 1976.)
(1975 RCW Supp--p 74)
9.48.010 through 9.48.170 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.52
KIDNAPING
Sections
9.52.0IO
through 9.52.040 Repealed. (Effective July 1, 1976.)
9.52.010 through 9.52.040 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.54
LARCENY
Sections
9.54.0IO
9.54.020
9.54.090
9.54.100
9.54.115
9.54.120
9.54.140
Repealed. (Effective July l, 1976.)
through 9.54.080 Repealed. (Effective July 1, 1976.)
Grand larceny-Petit larceny. (Effective until July 1,
1976.)
through 9.54.l IO Repealed. (Effective July 1, 1976.)
Larcenous appropriation of livestock--Penalty-Civil action for exemplary damages. (Effective until
July I, 1976.)
Repealed. (Effective July I, 1976.)
Repealed. (Effective July l, 1976.)
9.54.010 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9.54.020 through 9.54.080 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.54.090 Grand larceny--Petit larceny. (Effective
until July 1, 1976.) Every person who steals or unlawfully obtains, appropriates, brings into this state, buys,
sells, receives, conceals, or withholds in any manner
specified in RCW 9.54.010-(l) Property of any value by taking the same from the
person of another or from the body of a corpse; or
(2) Property of any value by taking the same from
any building that is on fire or by taking the same after
it has been removed from a building in consequence of
an alarm of fire; or
(3) A record of a court or officer, or a writing, instrument, or record kept, filed, or deposited according to
law with or in the keeping of any public officer or officers; or
(4) Property of the value of more than twenty-five
dollars if obtained by color or aid of any order for the
payment or delivery of property or money or any check
or draft, knowing that the maker or drawer of such order, check, or draft was not authorized or entitled to
make or draw the same; or
(5) Property of the value of more than seventy-five
dollars, in any manner whatever; shall be guilty of
grand larceny and be punished by imprisonment in the
state penitentiary for not more than fifteen years.
Malicious Mischief--Injury to Property
Every other larceny with the exception of larceny .of
livestock shall be petit larceny and shall be a gross misdemeanor. [1975 1st ex.s. c 61 § l; 1955 c 97 § I; 1909 c
249 § 353; RRS § 2605.]
Contingent repealer-1975 1st ex.s. c 61: "Sections I and 2 of this
1975 amendatory act shall take effect as provided by the state Constitution and shall remain in effect until the effective date of the repeal of RCW 9.54.090 and 9.54.115 by section 9A.92.010, chapter_
(Substitute Senate Bill No. 2092), Laws of 197_ ex. sess., at which
time sections 1 and 2 of this 1975 amendatory act shall also be repealed." [1975 1st ex.s. c 61 § 4.]
Reviser's note: Substitute Senate Bill No. 2092 referred to in the
above section was enacted into law as chapter 260, Laws of 1975 1st
ex. sess., with an effective date of July 1, 1976. See RCW 9A.04.010.
Certificates of land registration, theft is grand larceny: RCW
65.12.730.
9.54.100 through 9.54.110 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.54.115 Larcenous appropriation of livestock-Penalty--Civil action for exemplary damages. (Effective until July 1, 1976.) Every person who, without lawful authority and with intent to deprive or defraud the
owner thereof, wilfully (I) takes, leads or transports
away, conceals[,] withholds, slaughters; or (2) otherwise
appropriates to his own use, injures, or kills any horse,
mule, cow, heifer, bull, or steer, or swine, or sheep, shall
be guilty of a felony and shall be punished by imprisonment for not more than fifteen years but not less than
one year, or by fine of not more than one thousand
dollars but not less than five hundred dollars, or by
both such fine or imprisonment: Provided, That a person whose conduct is in violation both of this section
and of any other law or laws of the state of Washington
shall be guilty of a felony and penalized as herein provided. Any owner who suffers damages as a result of a
violation of this section may bring a civil action, in any
court of competent jurisdiction, to recover exemplary
damages up to three times the actual damages sustained. [1975 1st ex.s. c 61 § 2; 1961 c 63 § 1.]
Contingent repealer-1975 1st ex.s. c 61: See note following
RCW 9.54.090.
9.54.120 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.54.140 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.55
LEGISLATURE, CRIMES RELATING TO
Sections
9.55.010
Repealed. (Effective July I, 1976.)
9.55.010 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.61.040
Chapter 9.61
MALICIOUS MISCHIEF-INJURY TO
PROPERTY
Sections
9.61.010
9.61.040
9.61.050
9.61.220
through 9.61.030 Repealed. (Effective July I, 1976.)
Injury to property-Penalty. (Effective until July I,
1976.)
through 9.61.110 Repealed. (Effective July I, 1976.)
Repealed. (Effective July I, 1976.)
9.61.010 through 9.61.030 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.61.040 Injury to property--Penalty. (Effective
until July 1, 1976.) Every person who shall wilfully-(1) Cut down, destroy or injure any wood, timber,
grain, grass or crop, standing or growing, or which has
been cut down and is lying upon the lands of another,
or of the state; or,
(2) Cut down, girdle or otherwise injure a fruit, shade
or ornamental tree standing on the land of another or
of the state, or in any road or street; or,
(3) Dig, take or carry away without lawful authority
or consent, from any lot or land in any city, or town, or
from any lands included within the limits of a street or
avenue in such city or town, any earth, soil or stone; or,
(4) Enter without the consent of the owner or occupant, any orchard, garden or vineyard, with intent to
take, injure or destroy anything there grown or growing; or,
(5) Cut down, destroy or in any way injure any
shrub, tree, vine or garden produce grown or growing
within any such orchard, garden or vineyard, or any
framework or erection therein; or,
(6) Damage or deface any building or part thereof, or
throw any stone or other missile at any building or part
thereof; or,
(7) Destroy or damage, with intent to prevent or delay the use thereof, any engine, machine, tool or implement intended for use in trade or husbandry; or,
(8) Untie, unfasten, or liberate, without authority, the
horse, cattle or sheep, of another; or lead, ride, or drive
away, without authority, the horse, cattle or sheep, from
the place where left by the owner or person in charge
thereof; or,
Kill, maim or disfigure any animal belonging to another, or expose any poisons or noxious substance with
intent that it should be taken by such animal; or,
(9) Take, carry away, interfere with or disturb any
oysters or other shellfish of another in any river, bay, or
other water of this state, or remove, pull up or destroy
any stake or buoy used for designating any oyster bed;
or,
(10) Intrude or place any hovel, shanty or building
upon or within the limits of any lot or piece of land
within any city or town, without the consent of the
owner, or within the boundaries of any street in such
city or town; or,
(I I) Kill, wound or trap any animal or bird within
the limits of any cemetery, park or pleasure ground, or
remove therefrom or destroy the young of any such animal or the egg of any such bird; or,
(1975 RCW Supp---p 751
Title 9:
9.61.040
Crimes and Punishments
(12) Injure, destroy or tamper with any rope, line, cable or chain with which any vessel, scow, boom, beacon
or buoy shall be anchored or moored, or the steering
gear, bell gear, engine, machinery, lights or other
equipment of any vessel; or,
( 13) Place upon or affix to any real property or any
rock, tree, wall, fence or other structure thereupon,
without the consent of the owner thereof, any word,
character or device designed to advertise any article,
business, profession, exhibition, matter or event; or,
(14) Suffer any animal to go upon the enclosed rightof-way of any railway company, or leave open any gate
or bars so that an animal might stray upon such rightof-way;
Shall be guilty of a misdemeanor or, if there is actual
physical injury to or destruction of any real or personal
property, of property destruction and shall incur the
penalties set forth in RCW 9.61.070. [ 1975 c 28 § 1;
1971 ex.s. c 152 § 5; 1909 c 249 § 407; 1897 c 83 §1;
1891 c 69 §§ 4, 8, 11, 12, 13, 14, 16, 17; 1890 p 127 § 10;
1890 p 122 § 11; 1890p 126 § 5; Code 1881§§842, 843,
847, 848, 1224; 1877 p 300 § l; 1862 p 30 § l; RRS §
2659.]
Reviser's note: RCW 9.61.040 is repealed effective July l, 1976; See
RCW 9A.04.010(l) and RCW 9A.98.010(l62).
Cascara bark peeling without permission: RCW 19.08.030.
Cutting permits required: RCW 76.08.030.
Cutting trees in parks or parkways: RCW 43.51.180.
D~stroying native flora: RCW 47.40.080.
Taking caught fish or stealing gear: RCW 75.12.090.
9.61.050 through 9.61.110 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.61.220 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.65
MAYHEM
Sections
9.65.010
Chapter 9.69
OBSTRUCTING JUSTICE
Sections
9.69.010
Chapter 9.68
OBSCENITY
Chapter 9.72
PERJURY
Sections
9.72.010
(1975 RCW Supp--p 76)
through 9.72.110 Repealed. (Effective July l, 1976.)
9.72.010 through 9.72.110 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.75
ROBBERY
Sections
9.75.010
through 9.75.030 Repealed. (Effective July l, 1976.)
9.75.010 through 9.75.030 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.76
SABBATH BREAKING
Sections
9.76.020
through 9.76.050 Repealed. (Effective July 1, 1976.)
9.76.020 through 9.76.050 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
"Sexually explicit material"-Defined-Unlawful.
display.
9.68.130
"Sexually explicit material"--Defined--Unlawful display. (1) A person is guilty of unlawful display of sexually explicit material if he
knowingly exhibits such material on a viewing screen so
that the sexually explicit material is easily visible from a
public thoroughfare, park or playground or from one or
more family dwelling units.
through 9.69.090 Repealed. (Effective July l, 1976.)
9.69.010 through 9.69.090 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
through 9.65.030 Repealed. (Effective July l, 1976.)
9.65.010 through 9.65.030 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Sections
9.68.130
(2) "Sexually explicit material" as that term is used in
this section means any pictorial material displaying direct physical stimulation of unclothed genitals,
masturbation, sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a
sexual relationship, or emphasizing the depiction of
adult human genitals: Provided however, That works of
art or of anthropological significance shall not be
deemed to be within the foregoing definition.
(3) Any person who violates subsection (l) of this
section shall be guilty of a misdemeanor. [1975 1st ex.s.
c 156 § I.]
Chapter 9.78
SHOPLIFTING
Sections
9.78.010
9.78.020
9.78.040
Repealed. (Effective July 1, 1976.)
Repealed. (Effective July 1, 1976.)
Repealed. (Effective July 1, 1976.)
9.78.010 Repealed. (Effective July 1, 1976.)
See Supplementary Table of Disposition of Former
RCW Sections, this volume.
Sex Crimes
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9.78.020 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.78.040 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.79
SEX CRIMES
Sections
9.79.010
9.79.040
9.79.140
9.79.150
9.79.160
9.79.170
9.79.180
9.79.190
9.79.200
9.79.210
9.79.220
through 9.79.030 Repealed.
through 9.79.130 Repealed. (Effective July 1, 1976.)
Definitions.
Testimony-Evidence-Written motionAdmissibility.
Defenses to prosecution under this chapter.
Rape in the first degree.
Rape in the second degree.
Rape in the third degree.
Statutory rape in the first degree.
Statutory rape in the second degree.
Statutory rape in the third degree.
9.79.010 through 9.79.030 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this
volume.
9.79.040 through 9.79.130 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
9.79.140 Definitions. As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning
and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus
however slight, by an object, when committed on one
person by another, whether such persons are of the
same or opposite sex, except when such penetration is
accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between
persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of
the same or opposite sex.
(2) "Married" means one who is legally married to
another.
(3) "Mental incapacity" is that condition existing at
the time of the offense which prevents a person from
understanding the nature or consequences of the act of
sexual intercourse whether that condition is produced
by illness, defect, the influence of a substance or from
some other cause;
(4) "Physically helpless" means a person who is unconscious or for any other reason is physically unable
to communicate unwillingness to an act;
(5) "Forcible compulsion" means physical force
which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical
injury to herself or himself or another person, or in fear
that she or he or another person will be kidnaped;
9.79.150
(6) "Consent" means that at the time of the act of
sexual intercourse there are actual words or conduct indicating freely given agreement to have sexual intercourse. [1975 1st ex.s. c 14 § I.]
9.79.150 Testimony--Evidence--Written motion--Admissibility. (1) In order to convict a person
of any crime defined in this chapter it shall not be necessary that the testimony of the alleged victim be
corroborated.
(2) Evidence of the victim's past sexual behavior including but not limited to the victim's marital history,
divorce history, or general reputation for promiscuity,
nonchastity, or sexual mores contrary to community
standards is inadmissible on the issue of credibility and
is inadmissible to prove the victim's consent except as
provided in subsection (3) of this section, but when the
perpetrator and the victim have engaged in sexual intercourse with each other in the past, and when the past
behavior is material to the issue of consent, evidence
concerning the past behavior between the perpetrator
and the victim may be admissible on the issue of consent to the offense.
(3) In any prosecution for the crime of rape or for an
attempt to commit, or an assault with an intent to
commit any such crime evidence of the victim's past
sexual behavior including but not limited to the victim's
marital behavior, divorce history, or general reputation
for promiscuity, nonchastity, or sexual mores contrary
to community standards is not admissible if offered to
attack the credibility of the victim and is admissible on
the issue of consent only pursuant to the following
procedure:
(a) A written pretrial motion shall be made by the
defendant to the court and prosecutor stating that the
defense has an offer of proof of the relevancy of evidence of the past sexual behavior of the victim proposed to be presented and its relevancy on the issue of
the consent of the victim.
(b) The written motion shall be accompanied by an
affidavit or affidavits in which the offer of proof shall be
stated.
(c) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence
of the jury, if any, and the hearing shall be closed except to the necessary witnesses, the defendant, counsel,
and those who have a direct interest in the case or in
the work of the court.
(d) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the defendant regarding the past sexual behavior of the victim is
relevant to the issue of the victim's consent; is not inadmissible because its probative value is substantially
outweighed by the probability that its admission will
create a substantial danger of undue prejudice; and that
its exclusion would result in denial of substantial justice
to the defendant; the court shall make an order stating
what evidence may be introduced by the defendant,
which order may include the nature of the questions to
be permitted. The defendant may then offer evidence
pursuant to the order of the court.
(1975 RCW Supp--p 771
9.79.150
Title 9:
Crimes and Punishments
(4) :\othing in this section shall be construed to prohibit cross-examination of the victim on the issue of
past sexual behavior when the prosecution presents evidence in its case in chief tending to prove the nature of
the \ ictim's past sexual behavior. but the court may require a hearing pursuant to subsection (3) of this section concerning such evidence. [1975 !st ex.s. c 14 § 2.]
9.79.160 Defenses to prosecution under this chapter.
(I) In any prosecution under this chapter in which lack
of consent is based solely upon the victim's mental incapacity or upon the victim's being physically helpless,
it is a defense which the defendant must prove by a
preponderance of the evidence that at the time of the
offense the defendant reasonably believed that the victim was not mentally incapacitated and/or physically
helpless.
(2) In any prosecution under this chapter in which
the offense or degree of the offense depends on the victim's age, it is no defense that the perpetrator did not
know the victim's age, or that the perpetrator believed
the victim to be older, as the case may be: Provided,
That it is a defense which the defendant must prove by
a preponderance of the evidence that at the time of the
offense the defendant reasonably believed the alleged
victim to be older based upon declarations as to age by
the alleged victim. [1975 !st ex.s. c 14 § 3.]
9.7',).170 Rape in the first degree. (I) A person is
guilty of rape in the first degree when such person engages in sexual intercourse with another person not
married to the perpetrator by forcible compulsion
where the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon; or
(b) Kidnaps the victim; or
(c) Inflicts serious physical injury; or
( d) Feloniously enters into the building or vehicle
where the victim is situated.
(2) Rape in the first degree is a felony, and shall be
punished by imprisonment in the state penitentiary for
a term of not less than twenty years. No person convicted of rape in the first degree shall be granted a deferred or suspended sentence except for the purpose of
commitment to an inpatient treatment facility: Provided, That every person convicted of rape in the first degree shall be confined for a minimum of three years:
Provided further, That the board of prison terms and
paroles shall have authority to set a period of confinement greater than three years but shall never reduce the
minimum three-year period of confinement nor shall
the board release the convicted person during the first
three years of confinement as a result of any type of
automatic good time calculation nor shall the department of social and health services permit the convicted
person to participate in any work release program or
furlough program during the first three years of confinement. [1975 1st ex.s. c 247 § I; 1975 1st ex.s. c 14 §
4.]
9.79.180 Rape in the second degree. (1) A person is
guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the
(1975 RCW Supp----p 78(
person engages in sexual intercourse with another person, not married to the perpetrator:
(a) By forcible compulsion; or
(b) When the victim is incapable of consent by reason of being physically helpless or mentally
incapacitated.
(2) Rape in the second degree is a felony, and shall
be punished by imprisonment in the state penitentiary
for not more than ten years. [1975 1st ex.s. c 14 § 5.]
9.79.190 Rape in the third degree. (I) A person is
guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with
another person, not married to the perpetrator:
(a) Where the victim did not consent as defined in
RCW 9.79.140(6) to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by
the victim's words or conduct, or
(b) Where there is threat of substantial unlawful
harm to property rights of the victim.
(2) Rape in the third degree is a felony, and shall be
punished by imprisonment in the state penitentiary for
not more than five years. [1975 !st ex.s. c 14 § 6.]
9.79.200 Statutory rape in the first degree. (I) A
person over thirteen years of age is guilty of statutory
rape in the first degree when the person engages in sexual intercourse with another person who is less than
eleven years old.
(2) Statutory rape in the first degree is a felony, and
shall be punished by imprisonment in the state penitentiary for a term of not less than twenty years. No person convicted of statutory rape in the first degree shall
be granted a deferred or suspended sentence except for
the purpose of commitment to an inpatient treatment
facility. [1975 !st ex.s. c 14 § 7.]
9.79.210 Statutory rape in the second degree. (I) A
person over sixteen years of age is guilty of statutory
rape in the second degree when such person engages in
sexual intercourse with another person, not married to
the perpetrator, who is eleven years of age or older but
less than fourteen years old.
(2) Statutory rape in the second degree is a felony,
and shall be punished by imprisonment in the state
penitentiary for not more than ten years. [ 1975 I st ex.s.
c 14 § 8.]
9.79.220 Statutory rape in the third degree. (1) A
person over eighteen years of age is guilty of statutory
rape in the third degree when such person engages in
sexual intercourse with another person, not married to
the perpetrator, who is fourteen years of age or older
but less than sixteen years old.
(2) Statutory rape in the third degree is a felony, and
shall be punished by imprisonment in the state penitentiary for not more than five years. [1975 1st ex.s. c 14 §
9.]
Chapter 9A.04
Preliminary Article
Chapter 9.80
SUICIDE
Sections
9.80.010
9.80.020
9.80.030
Repealed. (Effective July 1, 1976.)
Repealed.
through 9.80.050 Repealed. (Effective July 1, 1976.)
9.80.010 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
9.80.020 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
9.80.030 through 9.80.050 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.83
TRESPASS
Sections
9.83.010
through 9.83.080 Repealed. (Effective July 1, 1976.)
9.83.010 through 9.83.080 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.87
VAGRANCY
Sections
9.87.010
through 9.87.030 Repealed. (Effective July 1, 1976.)
9.87.010 through 9.87.030 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.91
MISCELLANEOUS CRIMES
Sections
9.91.040
9.91.070
Repealed. (Effective July 1, 1976.)
through 9.91.080 Repealed. (Effective July l, 1976.)
9.91.040 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Chapter 9.95
PRISON TERMS, PAROLES AND PROBATION
Sections
9.95.240
9.95.240 Dismissal of information or indictment after
probation completed.
Gambling commission-Denial, suspension, or revocation of license, permit-Other provisions not applicable: RCW 9.46.075.
Chapter 9.96A
RESTORATION OF EMPLOYMENT RIGHTS
Gambling commission-Denial, suspension, or revocation of license, permit-Other provisions not applicable: RCW 9.46.075.
Title 9A
WASHINGTON CRIMINAL CODE
(Effective July 1, 1976)
Chapters
9A.04 Preliminary article.
9A.08 Principles of liability.
9A.12 Insanity.
9A.16 Defenses.
9A.20 Classification of crimes.
9A.28 Anticipatory offenses.
9A.32 Homicide.
9A.36 Assault and other crimes involving physical
harm.
9A.40 Kidnaping, unlawful imprisonment, and custodial
interference.
9A.48 Arson, reckless burning, and malicious mischief.
9A.52 Burglary and trespass.
9A.56 Theft and robbery.
9A.60 Fraud.
9A.64 Family offenses.
9A.68 Bribery and corrupt influence.
9A.72 Perjury and interference with official
proceedings.
9A.76 Obstructing governmental operation.
9 A.80 Abuse of office.
9A.84 Public disturbance.
9A.88 Public indecency--Prostitution--Sex
crimes.
9A.98 Laws repealed.
9.91.070 through 9.91.080 Repealed. (Effective July
1, 1976.) See Supplementary Table of Disposition of
Former RCW Sections, this volume.
Chapter 9.94
PRISONERS-STATE PENAL INSTITUTIONS
Sections
9.94.060
Repealed. (Effective July 1, 1976.)
9.94:060 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
Dismissal of information or indictment after probation
completed.
Chapter 9A.04
PRELIMINARY ARTICLE
Sections
9A.04.0IO
9A.04.020
9A.04.030
9A.04.040
9A.04.050
9A.04.060
9A.04.070
9A.04.080
9A.04.090
Title, effective date, application, severability, captions.
Purposes-Principles of construction.
State criminal jurisdiction.
Classes of crimes.
People capable of committing crimes---Capability of
children.
Common law to supplement statute.
Who amenable to criminal statutes.
Limitation of actions.
Application of general provisions of the code.
11975 RCW Supp---p 79)
Chapter 9A.04
9A.04. IOO
9A.04. l IO
Title 9A:
Washington Criminal Code
Proof beyond a reasonable doubt.
Definitions.
9A.04.010 Title, effecthe date, application, severabilcaptions. (I) This title shall be known and may be
cited as the Washington Criminal Code and shall become effective on July l, 1976.
(2) The provisions of this title shall apply to any offense committed on or after July l, 1976, which is defined in this title or the general statutes, unless
otherwise expressly provided. or unless the context otherwise requires, and shall also apply to any defense to
prosecution for such an offense.
(3) The provisions of this title do not apply to or
govern the construction of and punishment for any offense committed prior to July 1, 1976, or to the construction and application of any defense to a
prosecution for such an offense. Such an offense must
be construed and punished according to the provisions
of law existing at the time of the commission thereof in
the same manner as if this title had not been enacted.
(4) If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of the title, or the application of the provision to
other persons or circumstances is not affected, and to
this end the provisions of this title are declared to be
severable.
(5) Chapter, section, and subsection captions are for
organizational purposes only and shall not be construed
as part of this title. [1975 1st ex.s. c 260 § 9A.04.010.]
it~.
Legislative direction for codification-1975 1st ex.s. c 260: "The
provisions of this act shall constitute a new Title m the Revised Code
of Washington to be designated as Title 9A RCW." (1975 1st ex.s. c
260 § 9A.92.900.]
9A.04.020
Purposes--Principles of construction.
(I) The general purposes of the provisions governing the
definition of offenses are:
(a) To forbid and prevent conduct that inflicts ?r
threatens substantial harm to individual or pubhc
interests;
(b) To safeguard conduct that is without culpability
from condemnation as criminal;
(c) To give fair warning of the nature of the conduct
declared to constitute an offense;
(d) To differentiate on reasonable grounds between
serious and minor offenses, and to prescribe proportionate penalties for each.
(2) The provisions of this title shall be construed according to the fair import of their terms but wh_en the
language is susceptible of differing constructions 1t sh~ll
be interpreted to further the general purposes stated m
this title. [1975 1st ex.s. c 260 § 9A.04.020.]
9A.04.030 State criminal jurisdiction. The following
persons are liable to punishment:
.
.
(I) A person who commits in the state any cnme, m
whole or in part.
(2) A person who commits out of the state an.y act
which, if committed within it, would be theft and 1s afterward found in the state with any of the stolen
property.
(1975 RCW Supp---p 80]
(3) A person who being out of the state, counsels,
causes, procures, aids, or abets another to commit a
crime in this state.
(4) A person who, being out of the state, abducts or
kidnaps by force or fraud, any person, contrary to the
laws of the place where the act is. com~itted, and
brings, sends, or conveys such person mto this state.
(5) A person who commits an act ~ith_out the state
which affects persons or property w1thm the s~ate,
which, if committed within the state, would be a cnme.
[1975 1st ex.s. c 260 § 9A.04.030.]
9A.04.040 Classes of crimes. (1) An offense defined
by this title or by any ?ther stat1:1te of th~s state, f~r
which a sentence of imprisonment 1s authorized, conslitutes a crime. Crimes are classified as felonies, gross
misdemeanors, or misdemeanors.
(2) A crime is a felony if it is so designated in this title or by any other statute of this state _or i~ persons
convicted thereof may be sentenced to 1mpnsonment
for a term in excess of one year. A crime is a misdemeanor if it is so designated in this title or by any other
statute of this state or if persons convicted thereof may
be sentenced to imprisonment for no more than ninety
days. Every other crime is a gross misdemeanor. [1975
1st ex.s. c 260 § 9A.04.040.]
9A.04.050 People capable of committing crimesCapability of children. Children under the age of eight
years are incapable of committing crime. Children of
eight and under twelve years of age are presumed to be
incapable of committing crime, but this presumption
may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know
that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he may
be produced for inspection, to enable the court or jury
to determine the age thereby; and the court may also
direct his examination by one or more physicians,
whose opinion shall be competent evidence upon the
question of his age. [ 1975 1st ex.s. c 260 § 9A.04.050.]
9A.04.060 Common law to supplement statute. The
provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not
inconsistent with the Constitution and statutes of this
state, shall supplement all penal statutes of this state
and all persons offending against the same shall be tried
in the courts of this state having jurisdiction of the offense. [1975 1st ex.s. c 260 § 9A.04.060.]
9A.04.070 Who amenable to criminal statutes. Every person, regardless of whether or not he is an inhabitant of this state, may be tried and punished under the
laws of this state for an offense committed by him
therein, except when such offense is cognizable exclusively in the courts of the United States. [1975 1st ex.s. c
260 § 9A.04.070.]
9A.04.080 Limitation of actions. Prosecutions for the
offenses of murder, and arson where death ensues, may
be commenced at any period after the commission of
Preliminary Article
the offense; for offenses the punishment of which may
be imprisonment in a state co_rrectional. insti~ution,
committed by any public offic~r m connection _with t~e
duties of his office or constitutmg a breach of his pubhc
duty or a violation of his oath of office, within ten years
after their commission; for all other offenses the punishment of which· may be imprisonment in a state correctional institution, within three years after their
commission; two years for gross misdemeanors; and for
all other offenses, within one year after their commission: Provided, That any length of time during which
the party charged was not usually and publicly resident
within this state shall not be reckoned within the one,
two, three, and ten years respectively: And further provided, That where an indictment has been found, or
complaint or an information filed, within the time limited for the commencement of a criminal action, if the
indictment, complaint or information be set aside, the
time of limitation shall be extended by the length of
time from the time of filing of such indictment, complaint, or information, to the time such indictment,
complaint, or information was set aside. [1975 l st ex.s. c
260 § 9A.04.080.]
9A.04.090 Application of general prov1s1ons of the
code. The provisions of chapters 9A.04 through 9A.28
of this title are applicable to offenses defined by this title or another statute, unless this title or such other
statute specifically provides otherwise. [ 1975 l st ex.s. c
260 § 9A.04.090.]
9A.04.100 Proof beyond a reasonable doubt. (1) Every person charged with the commission of a crime is
presumed innocent unless proved guilty. No person
may be convicted of a crime unless each element of
such crime is proved by competent evidence beyond a
reasonable doubt.
(2) When a crime has been proven against a person,
and there exists a reasonable doubt as to which of two
or more degrees he is guilty, he shall be convicted only
of the lowest degree. [1975 lst ex.s. c 260 § 9A.04.100.]
9A.04.110 Definitions. In this title unless a different
meaning plainly is required:
(1) "Acted" includes, where relevant, omitted to act;
(2) "Actor" includes, where relevant, a person failing
to act;
(3) "Benefit" is any gain or advantage to the beneficiary, including any gain or advantage to a third person
pursuant to the desire or consent of the beneficiary;
(4) "Bodily injury" or "physical injury" means physical pain, illness, ·or an impairment of physical
condition;
(5) "Building", in addition to its ordinary meaning,
includes any dwelling, fenced area, vehicle, railway car,
cargo container, or any other structure used for lodging
of persons or for carrying on business therein, or for the
use, _sa~e or deposit of goods; each unit of a building
cons1s~mg_ of two or more units separately secured or
occupied is a separate building;
9A.04.110
(6) "Deadly weapon" means any explosive or loaded
or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a
"vehicle" as defined in this section, which, under the
circumstances in which it is used, attempted to be used,
or threatened to be used, is readily capable of causing
death or serious bodily injury;
(7) "Dwelling" means any building or structure,
though movable or temporary, or a portion thereof,
which is used or ordinarily used by a person for
lodging;
(8) "Government" includes any branch, subdivision,
or agency of the government of this state and any
county, city, district, or other local governmental unit;
(9) "Governmental function'' includes any activity
which a public servant is legally authorized or permitted
to undertake on behalf of a government;
(10) "Indicted" and "indictment" include "informed
against" and "information'', and "informed against"
and
"information"
include
"indicted"
and
"indictment";
(11) "Judge" includes every judicial officer authorized
alone or with others, to hold or preside over a court;
(12) "Malice" and "maliciously" shall import an evil
intent, wish, or design to vex, annoy, or injure another
person. Malice may be inferred from an act done in
wilful disregard of the rights of another, or an act
wrongfully done without just cause or excuse, or an act
or omission of duty betraying a wilful disregard of social duty;
(13) "Officer" and "public officer" means a person
holding office under a city, county, or state government,
or the federal government who performs a public function and in so doing is vested with the exercise of some
sovereign power of government, and includes all assistants, deputies, clerks, and employees of any public officer and all persons lawfully exercising or assuming to
exercise any of the powers or functions of a public
officer;
(14) "Omission" means a failure to act;
(15) "Peace officer" means a duly appointed city,
county, or state law enforcement officer;
(16) "Pecuniary benefit" means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is
economic gain;
(17) "Person", "he", and "actor" include any natural
person and, where relevant, a corporation, joint stock
association, or an unincorporated association;
(18) "Place of work" includes but is not limited to all
the lands and other real property of a farm or ranch in
the case of an actor who owns, operates, or is employed
to work on such a farm or ranch;
(19) "Prison" means any place designated by law for
the keeping of persons held in custody under process of
law, or under lawful arrest, including but not limited to
any state correctional institution or any county or city
jail;
(20) "Prisoner" includes any person held in custody
under process of law, or under lawful arrest;
(21) "Property" means anything of value, wheth.er
tangible or intangible, real or personal;
11975 Rew Supp----;i 81)
9A.04.110
Title 9A:
Washington Criminal Code
.<22) "Public servant" means any person other than a
witness who presently occupies the position of or has
been elected, appointed, or designated to become any
officer or employee of government. including a legislator. judge. judicial officer, juror, and any person participating as an advisor. consultant, or otherwise in
performing a governmental function;
(23) "Signature" includes any memorandum, mark,
or sign made with intent to authenticate any instrument
or writing. or the subscription of any person thereto;
(24) "Statute" means the Constitution or an act of the
legislature or initiative or referendum of this state;
(25) "Threat" means to communicate, directly or indirectly the intent:
(a) To cause bodily injury in the future to the person
threatened or to any other person; or
(b) To cause physical damage to the property of a
person other than the actor; or
(c) To subject the person threatened or any other
person to physical confinement or restraint; or
(d) To accuse any person of a crime or cause criminal
charges to be instituted against any person; or
(e) To expose a secret or publicize an asserted fact,
whether true or false, tending to subject any person to
hatred, contempt, or ridicule; or
(f) To reveal any information sought to be concealed
by the person threatened; or
(g) To testify or provide information or withhold testimony or information with respect to another's legal
claim or defense; or
(h) To take wrongful action as an official against
anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or
(i) To bring about or continue a strike, boycott, or
other similar collective action to obtain property which
is not demanded or received for the benefit of the group
which the actor purports to represent; or
U) To do any other act which is intended to harm
substantially the person threatened or another with respect to his health, safety, business, financial condition,
or personal relationships.
(26) "Vehicle" means a "motor vehicle'' as defined in
the vehicle and traffic laws, any aircraft, or any vessel
equipped for propulsion by mechanical means or by
sail;
(27) Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall
include the plural; and in the plural shall include the
singular. [1975 !st ex.s. c 260§9A.04.l10.]
Chapter 9A.08
PRINCIPLES OF LIABILITY
Sections
9A.08.0!0
9A.08.020
9A.08.030
General requirements of culpability.
Liability for conduct of another-Complicity.
Criminal liability of corporations and persons acting or
under a duty to act in their behalf.
(1975 RCW Supp--p 82)
9A.08.010 General requirements of culpability. ( 1)
Kinds of Culpability Defined.
(a) Intent. A person acts with intent or intentionally
when he acts with the objective or purpose to accomplish a result which constitutes a crime.
(b) Knowledge. A person knows or acts knowingly or
with knowledge when:
(i) he is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or
(ii) he has information which would lead a reasonable
man in. the same situation to believe that facts exist
which facts are described by a statute defining an
offense.
(c) Recklessness. A person is reckless or acts recklessly when he knows of and disregards a substantial
risk that a wrongful act may occur and his disregard of
such substantial risk is a gross deviation from conduct
that a reasonable man would exercise in the same
situation.
(d) Criminal negligence. A person is criminally negligent or acts with criminal negligence when he fails to be
aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk
constitutes a gross deviation from the standard of care
that a reasonable man would exercise in the same
situation.
(2) Substitutes for Criminal Negligence, Recklessness,
and Knowledge. When a statute provides that criminal
negligence suffices to establish an element of an offense,
such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness
suffices to establish an element, such element also is established if a person acts intentionally or knowingly.
When acting knowingly suffices to establish an element,
such element also is established if a person acts
intentionally.
·
(3) Culpability as Determinant of Grade of Offense.
When the grade or degree of an offense depends on
whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade
or degree shall be the lowest for which the determinative kind of culpability is established with respect to
any material element of the offense.
(4) .Requirement. of Wilfulness Satisfied by Acting
Knowmgly. A reqmrement that an offense be committed wilfully is satisfied if a person acts knowingly with
respect to the material elements of the offense, unless a
purpose to impose further requirements plainly appears.
[1975 1st ex.s. c 260 § 9A.08.010.]
9A.08.020 Liability for conduct of another-Complicity. (1) A person is guilty of a crime if it is committed by the conduct of another person for which he is
legally accountable.
(2) A person is legally accountable for the conduct of
another person when:
. (a) Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such
conduct; or
Chapter 9A.16
Defenses
(b) He is made accountable for the conduct ?f such
ot?er person by this title or by the law definmg the
cnme; or
(c) He is an accomplice of such other person in the
commission of the crime.
(3) A person is an accomplice of another person in
the commission of a crime if:
(a) With knowledge that it will promote or facilitate
the commission of the crime, he
(i) solicits, commands, encourages, or requests such
other person to commit it; or
(ii) aids or agrees to aid such other person in planning or committing it; or
(b) His conduct is expressly declared by law to establish his complicity.
(4) A person who is legally incapable of committing a
particular crime himself may be guilty thereof if it is
committed by the conduct of another person for which
he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his
incapacity.
(5) Unless otherwise provided by this title or by the
law defining the crime, a person is not an accomplice in
a crime committed by another person if:
(a) He is a victim of that crime; or
(b) He terminates his complicity prior to the commission of the crime and gives timely warning to the law
enforcement authorities or otherwise makes a good faith
effort to prevent the commission of the crime.
(6) A person legally accountable for the conduct of
another person may be convicted on proof of the commission of the crime and of his complicity therein,
though the person claimed to have committed the crime
has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an
immunity to prosecution or conviction or has been acquitted. [1975 1st ex.s. c 260 § 9A.08.020.]
9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf. (I) As
used in this section:
(a) ''Agent" means any director, officer, or employee
of a corporation, or any other person who is authorized
to act on behalf of the corporation;
(b) "Corporation'' includes a joint stock association;
(c) "High managerial agent" means an officer or director of a corporation or any other agent in a position
of comparable authority with respect to the formulation
of corporate policy or the supervision in a managerial
capacity of subordinate employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of
an omission to discharge a specific duty of performance
imposed on corporations by law; or
(b) The conduct constituting the offense is engaged
in, authorized, solicited, requested, commanded, or tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and
on behalf of the corporation; or
(c) The conduct constituting the offense is engaged in
by an agent of the corporation, other than a high_ managerial agent, while acting within the sc?pe of h1~ employment and in behalf of the corp~rat10n and (1) t~.e
offense is a gross misdemeanor or misdemeanor, or (11)
the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation.
(3) A person is criminally liable for conduct constituting an offense which he performs or causes to be
performed in the name of or on behalf of a corporation
to the same extent as if such conduct were performed in
his own name or behalf.
(4) Whenever a duty to act is imposed by law upon a
corporation, any agent of the corporation who knows
he has or shares primary responsibility for the discharge
of the duty is criminally liable for a reckless or, if a high
managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty
were by law imposed directly upon such agent.
(5) Every corporation, whether foreign or domestic,
which shall violate any provision of RCW 9A.28.040,
shall forfeit every right and franchise to do business in
this state. The attorney general shall begin and conduct
all actions and proceedings necessary to enforce the
provisions of this subsection. [1975 1st ex.s. c 260 §
9A.08.030.)
Chapter 9 A.12
INSANITY
Sections
9A.12.0JO
Insanity.
9A.12.010 Insanity. To establish the defense of insanity, it must be shown that:
(l) At the time of the commission of the offense, as a
result of mental disease or defect, the mind of the actor
was affected to such an extent that:
(a) He was unable to perceive the nature and quality
of the act with which he is charged; or
(b) He was unable to tell right from wrong with reference to the particular act charged.
(2) The defense of insanity must be established by a
preponderance of the evidence. [1975 1st ex.s. c 260 §
9A.12.010.)
Chapter 9A.16
DEFENSES
Sections
9A.16.0IO
9A.16.020
9A.16.030
9A.16.040
9A.16.050
9A.16.060
9A.16.070
9A.16.080
9A.16.090
Definitions.
Use of force-When lawful.
Homicide--When excusable.
Justifiable homicide by public officer.
Homicide--By other person--When justifiable.
Duress.
Entrapment.
Action for being detained on mercantile establishment
premises for investigation--"Reasonable grounds"
as defense.
Intoxication.
11975 RCW Supp---p 83)
9A.16.010
Title 9A:
Washington Criminal Code
9A.16.010 Definitions. In this chapter. unless a different meaning is plainly required:
"Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that
the amount of force used was reasonable to effect the
lawful purpose intended. [ 1975 1st ex.s. c 260 §
9A.16.0IO.]
9A.16.020 Use of force--When lawful. The use,
attempt, or offer to use force upon or toward the person
of another shall not be unlawful in the following cases:
( 1) Whenever necessarily used by a public officer in
the performance of a legal duty, or a person assisting
him and acting under his direction;
(2) Whenever necessarily used by a person arresting
one who has committed a felony and delivering him to
a public officer competent to receive him into custody;
(3) Whenever used by a party about to be injured, or
by another lawfully aiding him, in preventing or attempting to prevent an offense against his person, or a
malicious trespass, or other malicious interference with
real or personal property lawfully in his possession, in
case the force is not more than shall be necessary;
(4) Whenever used in a reasonable and moderate
manner by a parent or his authorized agent, a guardian,
master, or teacher in the exercise of lawful authority, to
restrain or correct his child, ward, apprentice, or
scholar;
(5) Whenever used by a carrier of passengers or his
authorized agent or servant, or other person assisting
them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation
prescribed for the conduct of passengers, if such vehicle
has first been stopped and the force used is not more
than shall be necessary to expel the offender with reasonable regard to his personal safety;
(6) Whenever used by any person to prevent a mentally retarded person or a mentally ill person from
committing an act dangerous to himself or another, or
in enforcing necessary restraint for the protection of his
person, or his restoration to health, during such period
only as shall be necessary to obtain legal authority for
the restraint or custody of his person. [197 5 1st ex.s. c
260 § 9A.16.020.]
9A.16.030 Homicide--When excusable. Homicide
is excusable when committed by accident or misfortune
in doing any lawful act by lawful means, with ordinary
caution and without any unlawful intent. [1975 1st ex.s.
c 260 § 9A.16.030.]
9A.16.040 Justifiable homicide by public officer. Homicide is justifiable when committed by a public officer,
or person acting under his command and in his aid, in
the following cases:
(I) Jn obedience to the judgment of a competent
court.
(2) When necessary to overcome actual resistance to
the execution of the legal process, mandate, or order of
a court or officer. or in the discharge of a legal duty.
11975 RCW Supp--p 841
~3) When necessary in retaking an escaped or rescued
pnsoner who has been committed, arrested for. or convicted. of a felony; or in arresting a person who has
committed a felony and is fleeing from justice; or in attempting, by lawful ways or means, to apprehend a
person for a felony actually committed; or in lawfully
suppressing a riot or preserving the peace. [ 1975 I st
ex.s. c 260 § 9 A.16.040.]
9A.16.050 Homicide--By other person--When
justifiable. Homicide is also justifiable when committed
either:
(I) In the lawful defense of the slayer, or his or her
husband, wife, parent, child, brother, or sister, or of any
other person in his presence or company, when there is
reasonable ground to apprehend a design on the part of
the person slain to commit a felony or to do some great
personal injury to the slayer or to any such person, and
there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a
felony upon the slayer, in his presence, or upon or in a
dwelling, or other place of abode, in which he is. [ 1975
I st ex.s. c 260 § 9A. I 6.050.]
9A.16.060 Duress. (1) In any prosecution for a
crime, it is a defense that:
(a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in
case of refusal he or another would be liable to immediate death or immediate grievous bodily injury; and
(b) That such apprehension was reasonable upon the
part of the actor; and
(c) That the actor would not have participated in the
crime except for the duress involved.
(2) The defense of duress is not available if the crime
charged is murder or manslaughter.
(3) The defense of duress is not available if the actor
intentionally or recklessly places himself in a situation
in which it is probable that he will be subject to duress.
(4) The defense of duress is not established solely by
a showing that a married person acted on the command
of his or her spouse. [ 197 5 1st ex.s. c 260 § 9A.16.060.]
9A.16.070 Entrapment. (I) In any prosecution for a
crime, it is a defense that:
(a) The criminal design originated in the mind of law
enforcement officials, or any person acting under their
direction, and
(b) The actor was lured or induced to commit a crime
which the actor had not otherwise intended to commit.
(2) The defense of entrapment is not established by a
showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.
[1975 1st ex.s. c 260 § 9A.16.070.]
9A.16.080 Action for being detained on mercantile
establishment premises for investigation--" Reasonable
grounds" as defense. In a~y criminal a~tion brought by
reason of any person havmg been detamed on or in the
Classification of Crimes
immediate vicinity of the premis~s of _a ~ercantile establishment for the purpose of mveshgat10n or questioning as to the ownership of any merchandise, it shall
be a defense of such action that the person was detained in a reasonable manner and for not more than a
reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized
employee or agent, and that such peace officer, owner,
employee, or agent had reasonable grounds to believe
that the person so detained was committing or attempting to commit theft or shoplifting on such premises of
such merchandise. As used in this section, "reasonable
grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and
a "reasonable time" shall mean the time necessary to
permit the person detained to make a statement or to
refuse to make a statement, and the time necessary to
examine employees and records of the mercantile establishment relative to the ownership of the merchandise. [1975 1st ex.s. c 260 § 9A.l6.080.]
9A.16.090 Intoxication. No act committed by a person while in a state of voluntary intoxication shall be
deemed less criminal by reason of his condition, but
whenever the actual existence of any particular mental
state is a necessary element to constitute a particular
species or degree of crime, the fact of his intoxication
may be taken into consideration in determining such
mental state. [1975 lst ex.s. c 260 § 9A.16.090.]
Chapter 9A.20
CLASSIFICATION OF CRIMES
Sections
9A.20.010
9A.20.020
9A.20.030
9A.20.040
Classification and designation of crimes.
Authorized sentences of offenders.
Alternative to a fine-Restitution.
Prosecutions related to felonies defined outside Title 9A
RCW.
9A.20.010
Classification and designation of crimes.
(I) Classified Felonies. (a) The particular classification
of each felony defined in Title 9A RCW is expressly
designated in the section defining it.
(b) For purposes of sentencing, classified felonies are
designated as one of three classes, as follows:
(i) Class A felony; or
(ii) Class B felony; or
(iii) Class C felony.
(2) Misdemeanors and Gross Misdemeanors. (a) Any
crime punishable by a fine of not more than five hundred dollars, or by imprisonment in a county jail for
not more than ninety days, or by both such fine and
imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no
penalty for the violation of such statute is imposed, the
committing of such act shall be a misdemeanor.
(b) All crimes other than felonies and misdemeanors
are gross misdemeanors. [ 1975 l st ex.s. c 260 §
9A.20.0l0.]
9A.20.040
9A.20.020 Authorized sentences of offenders. (I) Felony. Every person convicted of a classified felony shall
be punished as follows:
(a) For a class A felony, by imprisonment in a state
correctional institution for a maximum term fixed by
the court of not less than twenty years or by a fine of
not more than ten thousand dollars or by both such
imprisonment and fine;
(b) For a class B felony, by imprisonment in a state
correctional institution for a maximum term fixed by
the court of not more than ten years or by a fine of not
more than ten thousand dollars or by both such imprisonment and fine;
(c) For a class C felony, by imprisonment in a state
correctional institution for a maximum term fixed by
the court of not more than five years or by a fine of not
more than five thousand dollars or by both such imprisonment and fine.
(2) Gross Misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be
punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one
year or by a fine of not more than one thousand dollars
or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished
by imprisonment in the county jail for a maximum term
fixed by the court of not more than ninety days or by a
fine of not more than five hundred dollars or by both
such imprisonment and fine. [ 1975 1st ex.s. c 260 §
9A.20.020.]
9A.20.030 Alternative to a fine-Restitution. (l) If
a person has gained money or property or caused a
victim to lose money or property through the commission of a crime, upon conviction thereof the court, in
lieu of imposing the fine authorized for the offense under RCW 9A.20.020, may order the defendant to pay
an amount, fixed by the court, not to exceed double the
amount of the defendant's gain or victim's loss from the
commission of a crime. Such amount may be used to
provide restitution to the victim at the order of the
court. In such case the court shall make a finding as to
the amount of the defendant's gain or victim's loss from
the crime, and if the record does not contain sufficient
evidence to support such finding the court may conduct
a hearing upon the issue. For purposes of this section,
the terms "gain'' or "loss" refer to the amount of money
or the value of property or services gained or lost.
(2) Notwithstanding any other provision of law, this
section also applies to any corporation or joint stock
association found guilty of any crime. [1975 1st ex.s. c
260 § 9A.20.030.]
9A.20.040 Prosecutions related to felonies defined
outside Title 9A RCW. In any prosecution under this
title where the grade or degree of a crime is determined
by reference to the degree of a felony for which the defendant or another previously had been sought, arrested, charged, convicted, or sentenced, if such felony is
defined by a statute of this state which is not in Title
9A RCW, unless otherwise provided:
(1975 RCW Supp---p 85)
9A.20.040
Title 9A:
Washington Criminal Code
( 1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenears or more. such felony shall be treated as a class
A felony for purposes of this title:
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight
years or more, but less than twenty years, such felony
shall be treated as a class B felony for purposes of this
title;
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less
than eight years, such felony shall be treated as a class
C felony for purposes of this title. [ 1975 1st ex.s. c 260 §
9A.20.040.]
t: :
Chapter 9A.28
ANTICIPATORY OFFENSES
Sections
9A.28.0IO
9A.28.020
9A.28.030
9A.28.040
Prosecutions based on felonies defined outside Title 9A
RCW.
Criminal attempt.
Criminal solicitation.
Criminal conspiracy.
9A.28.010 Prosecutions based on felonies defined
outside Title 9A RCW. In any prosecution under this
title for attempt, solicitation, or conspiracy to commit a
felony defined by a statute of this state which is not in
this title, unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years or more, such felony shall be treated as a class
A felony for purposes of this title;
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight
years or more but Jess than twenty years, such felony
shall be treated as a class B felony for purposes of this
title:
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less
than eight years, such felony shall be treated as a class
C felony for purposes of this title. [ 1975 1st ex.s. c 260 §
9A.28.010.]
9A.28.020 Criminal attempt. (1) A person is guilty of
an attempt to commit crime if, with intent to commit a
specific crime, he does any act which is a substantial
step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no
defense to a prosecution of such attempt that the crime
charged to have been attempted was, under the attendant circumstances, factually or legally impossible of
comm1ss10n.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in the first degree;
(b) Class B felony when the crime attempted is a
class A felony other than murder in the first degree;
(c) Class C felony when the crime attempted is a class
B felom:
f1975 RCW Supp--p 86)
(d) Gross misdemeanor when the crime attempted is
a class C felony;
(e) Misdemeanor when the crime attempted is a gross
misdemeanor or misdemeanor. [ 1975 1st ex.s. c 260 §
9A.28.020.]
9A.28.030 Criminal solicitation. ( 1) A person is
guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers
to give or gives money or other thing of value to another to engage in specific conduct which would constitute
such crime or which would establish complicity of such
other person in its commission or attempted commission had such crime been attempted or committed.
(2) Criminal solicitation shall be punished in the
same manner as criminal attempt under RCW
9A.28.020. [1975 1st ex.s. c 260 § 9A.28.030.]
9A.28.040 Criminal conspiracy. (1) A person is guilty
of criminal conspiracy when, with intent that conduct
constituting a crime be performed, he agrees with one
or more persons to engage in or cause the performance
of such conduct, and any one of them takes a substantial step in pursuance of such agreement.
(2) It shall not be a defense to criminal conspiracy
that the person or persons with whom the accused is
alleged to have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacked the capacity to commit an offense.
(3) Criminal conspiracy is a:
(a) Class A felony when an object of the
conspiratorial agreement is murder in the first degree;
(b) Class B felony when an object of the
conspiratorial agreement is a class A felony other than
murder in the first degree;
(c) Class C felony when an object of the
conspiratorial agreement is a class B felony;
(d) Gross misdemeanor when an object of the
conspiratorial agreement is a class C felony;
(e) Misde~eanor when an object of the conspiratorial
agreement 1s a gross misdemeanor or misdemeanor.
[1975 1st ex.s. c 260 § 9A.28.040.]
Chapter 9A.32
HOMICIDE
Sections
9A.32.010
9A.32.020
9A.32.030
9A.32.040
9A.32.045
9A.32.046
9A.32.047
9A.32.050
9A.32.060
9A.32.070
9A.32.900
9A.32.901
Homicide defined.
Premeditation-Limitations.
Murder in the first degree.
Murder in the first degree-Sentence.
Aggravated murder in the first degree.
Aggravated murder in the first degree--Penalty.
A~rav_ated murder in the first degree--Life
1mpnsonment.
Murder in the second degree.
Manslaughter in the first degree.
Manslaughter in the second degree.
Severabi!ity-Initiative No. 316.
Section captions-Initiative No. 316.
Homicide
9A.32.010 Homicide defined. Homicide is the killing
of a human being by the act, procurement or omission
of another and is either (I) murder, (2) manslaughter,
(3) excusable homicide, or (4) justifiable homicide.
(1975 1st ex.s. c 260 § 9A.32.0IO.]
Excusable homicide: RCW 9A.16.030.
Justifiable homicide: RCW 9A.16.040 and 9A.16.050.
9A.32.020 Premeditation--Limitations. (1) As
used in this chapter, the premeditation required in order
to support a conviction of the crime of murder in the
first degree must involve more than a moment in point
of time.
(2) Nothing contained in this chapter shall affect
RCW 46.61.520. [1975 1st ex.s. c 260 § 9A.32.020.]
9A.32.030 Murder in the first degree. (I) A person is
guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of
another person, he causes the death of such person or
of a third person; or
(b) Under circumstances manifesting an extreme indifference to human life, he engages in conduct which
creates a grave risk of death to any person, and thereby
causes the death of a person; or
(c) He commits or attempts to commit the crime of
either (I) robbery, in the first or second degree, (2) rape
in the first or second degree, (3) burglary in the first
degree, (4) arson in the first degree, or (5) kidnaping, in
the first or second degree, and, in the course of and in
furtherance of such crime or in immediate flight therefrom, he, or another participant, causes the death of a
person other than one of the participants; except that in
any prosecution under this subdivision (l)(c) in which
the defendant was not the only participant in the underlying crime, if established by the defendant by a
preponderance of the evidence, it is a defense that the
defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the
commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
(iii) Had no reasonable grounds to believe that any
other participant was armed with such a weapon, instrument, article, or substance; and
(iv) Had no reasonable grounds to believe that any
other participant intended to engage in conduct likely
to result in death or serious physical injury.
(2) Murder in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.32.030.]
9A.32.040 Murder in the first degree--Sentence.
Notwithstanding RCW 9A.32.030(2), any person convicted of the crime of murder in the first degree shall be
sentenced to life imprisonment. [1975 1st ex.s. c 260 §
9A.32.040.]
9A.32.045 Aggravated murder in the first degree. A
person is guilty of aggravated murder in the first degree
when he commits murder in the first degree as defined
9A.32.047
in RCW 9A.32.030 under or accompanied by any of the
following circumstances:
(I) The victim was a Jaw enforcement officer or fire
fighter and was performing his or her official duties at
the time of the killing.
(2) At the time of the act resulting in the death, the
defendant was serving a term of imprisonment in a
state correctional institution.
(3) The defendant committed the murder pursuant to
an agreement that he receive money or other thing of
value for committing the murder.
(4) The defendant had solicited another to commit
the murder and had paid or agreed to pay such person
money or other thing of value for committing the
murder.
(5) The defendant committed the murder with intent
to conceal the commission of a crime, or to protect or
conceal the identity of any person committing the same,
or with intent to delay, hinder or obstruct the administration of justice by preventing any person from being a
witness or producing evidence in any investigation or
proceeding authorized by law or by influencing any
person's official action as a juror.
(6) There was more than one victim and the said
murders were part of a common scheme or plan, or the
result of a single act of the defendant.
(7) The defendant committed the murder in the
course of or in furtherance of the crime of rape or kidnaping or in immediate flight therefrom. [Initiative
Measure No. 316 § I.]
9A.32.046 Aggravated murder in the first degree-Penalty. A person found guilty of aggravated murder in
the first degree as defined in RCW 9A.32.045, shall be
punished by the mandatory sentence of. death. Once a
person is found guilty of aggravated murder in the first
degree, as defined in RCW 9A.32.045, neither the court
nor the jury shall have the discretion to suspend or defer the imposition or execution of the sentence of death.
Such sentence shall be automatic upon any conviction
of aggravated first degree murder. The death sentence
shall take place at the state penitentiary under the direction of and pursuant to arrangements made by the
superintendent thereof: Provided, That the time of such
execution shall be set by the trial judge at the time of
imposing sentence and as a part thereof. [Initiative
Measure No. 316 § 2.]
9A.32.047 Aggravated murder in the first degree-Life imprisonment. In the event that the governor
commutes a death sentence or in the event that the
death penalty is held to be unconstitutional by the
United States supreme court or the supreme court of
the state of Washington in any of the circumstances
specified in RCW 9A.32.045, the penalty for aggravated
murder in the first degree in those circumstances shall
be imprisonment in the state penitentiary for life. A
person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred,
or commuted by any judicial officer, and the board of
prison terms and paroles shall never parole a prisoner
or reduce the period of confinement nor release the
11975 RCW Supp--p 87)
9A.32.047
Title 9A:
Washington Criminal Code
comicted person as a result of any automatic good time
calculation nor shall the department of social and
health services permit the convicted person to participate in any work release or furlough program. [Initiative Measure No. 316 § 3.]
9A.32.901 Section captions--Initiative No. 316.
The section captions as used in this act are for organizational purposes only and shall not be construed as
part of the law. [Initiative Measure No. 316 § 5.]
9A.32.050 Murder in the second degree. (1) A person
is guilty of murder in the second degree when:
(a) With intent to cause the death of another person
but without premeditation, he causes the death of such
person or of a third person; or
(b) He commits or attempts to commit any felony
other than those enumerated in RCW 9A.32.030[(l)](c),
and, in the course of and in furtherance of such crime
or in immediate flight therefrom, he, or another participant, causes the death of a person other than one of the
participants; except that in any prosecution under this
subdivision (1)(b) in which the defendant was not the
only participant in the underlying crime, if established
by the defendant by a preponderance of the evidence, it
is a defense that the defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the
commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
(iii) Had no reasonable grounds to believe that any
other participant was armed with such a weapon, instrument, article, or substance; and
(iv) Had no reasonable grounds to believe that any
other participant intended to engage in conduct likely
to result in death or serious physical injury.
(2) Murder in the second degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.32.050.]
Chapter 9A.36
ASSAULT AND OTHER CRIMES INVOLVING
PHYSICAL HARM
9A.32.060 Manslaughter in the first degree. (1) A
person is guilty of manslaughter in the first degree
when:
(a) He recklessly causes the death of another person;
or
(b) He intentionally and unlawfully kills an unborn
quick child by inflicting any injury upon the mother of
such child.
(2) Manslaughter in the first degree is a class B felony. [1975 1st ex.s. c 260 § 9A.32.060.]
9A.32.070 Manslaughter in the second degree. (l) A
person is guilty of manslaughter in the second degree
when, with criminal negligence, he causes the death of
another person.
(2) Manslaughter in the second degree is a class C
felony. [1975 1st ex.s. c 260 § 9A.32.070.]
9A.32.900 Severability--Initiative No. 316. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or
circumstances is not affected. [Initiative Measure No.
316 § 4.]
11975 RCW Supp--p 881
Sections
9A.36.0IO
9A.36.020
9A.36.030
9A.36.040
9A.36.050
9A.36.060
9A.36.070
Assault in the first degree.
Assault in the second degree.
Assault in the third degree.
Simple assault.
Reckless endangerment.
Promoting a suicide attempt.
Coercion.
9A.36.010 Assault in the first degree. (I) Every person, who with intent to kill a human being, or to commit a felony upon the person or property of the one
assaulted, or of another, shall be guilty of assault in the
first degree when he:
.
(a) Shall assault another with a firearm or any deadly
weapon or by any force or means likely to produce
death; or
(b) Shall administer to or cause to be taken by another, poison or any other destructive or noxious thing
so as to endanger the life of another person.
(2) Assault in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.36.010.]
9A.36.020 Assault in the second degree. (1) Every
person who, under circumstances not amounting to assault in the first degree shall be guilty of assault in the
second degree when he:
(a) With intent to injure, shall unlawfully administer
to or cause to be taken by another, poison or any other
destructive or noxious thing, or any drug or medicine
the use of which is dangerous to life or health; or
(b) Shall knowingly inflict grievous bodily harm upon
another with or without a weapon; or
(c) Shall knowingly assault another with a weapon or
other instrument or thing likely to produce bodily
harm; or
(d) Shall knowingly assault another with intent to
commit a felony; or
(e) With criminal negligence, shall cause physical injury to another person by means of a weapon or other
instrument or thing likely to produce bodily harm shall
be guilty of assault in the second degree.
(2) Assault in the second degree is a class B felony.
[1975 !st ex.s. c 260 § 9A.36.020.]
9A.36.030 Assault in the third degree. (1) Every person who, under circumstances not amounting to assault
in either the first or second degree, shall assault another
with intent to prevent or resist the execution of any
lawful process or mandate of any court officer, or the
lawful apprehension or detention of himself or another
person shall be guilty of assault in the third degree.
(2) Assault in the third degree is a class C felony.
[1975 1st ex.s. c 260 § 9A.36.030.]
Arson, Etc. & Malicious Mischief
9A.36.040 Simple assault. (1) Every person who
shall commit an assault or an assault and battery not
amounting to assault in either the first, second, or third
degree shall be guilty of simple assault.
(2) Simple assault is a gross misdemeanor. [ 1975 I st
ex.s. c 260 § 9A.36.040.]
9A.36.050 Reckless endangerment. (I) A person is
guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of
death or serious physical injury to another person.
(2) Reckless endangerment is a gross misdemeanor.
[ 197 5 1st ex.s. c 260 § 9A.36.050.]
9A.36.060 Promoting a suicide attempt. (1) A person
is guilty of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide.
(2) Promoting a suicide attempt is a class C felony.
[1975 1st ex.s. c 260 § 9A.36.060.]
9A.36.070 Coercion. (I) A person is guilty of coercion if by use of a threat he compels or induces a person to engage in conduct which the latter has a legal
right to abstain from, or to abstain from conduct which
he has a legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent
immediately to use force against any person who is
present at the time; or
(b) Threats as defined in RCW 9A.04.110(25)(a), (b),
or (c).
(3) Coercion is a gross misdemeanor. [1975 1st ex.s. c
260 § 9A.36.070.]
Chapter 9A.40
KIDNAPING, UNLAWFUL IMPRISONMENT, AND
CUSTODIAL INTERFERENCE
Sections
9A.40.010
9A.40.020
9A.40.030
9A.40.040
9A.40.050
Definitions.
Kidnaping in the first degree.
Kidnaping in the second degree.
Unlawful imprisonment.
Custodial interference.
9A.40.010 Definitions. The following definitions apply in this chapter:
(1) "Restrain'' means to restrict a person's movements without consent and without legal authority in a
manner which interferes substantially with his liberty.
Restraint is "without consent" if it is accomplished by
(a) physical force, intimidation, or deception, or (b) any
means including acquiescence of the victim, if he is a
child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him has
not acquiesced.
(2) "Abduct" means to restrain a person by either (a)
secreting or holding him in a place where he is not
likely to be found, or (b) using or threatening to use
deadly force;
(3) "Relative" means an ancestor, descendant, or sibling, including a relative of the same degree through
Chapter 9A.48
marriage or adoption, or a spouse. [ 1975 1st ex.s. c 260
§ 9A.40.010.]
9A.40.020 Kidnaping in the first degree. (1) A person
is guilty of kidnaping in the first degree if he intentionally abducts another person with intent:
(a) To hold him for ransom or reward, or as a shield
or hostage; or
(b) To facilitate commission of any felony or flight
thereafter; or
(c) To inflict bodily injury on him; or
(d) To inflict extreme mental distress on him or a
third person; or
(e) To interfere with the performance of any governmental function.
(2) Kidnaping in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.40.020.]
9A.40.030 Kidnaping in the second degree. (l) A
person is guilty of kidnaping in the second degree if he
intentionally abducts another person under circumstances not amounting to kidnaping in the first degree.
(2) In any prosecution for kidnaping in the second
degree, it is a defense if established by the defendant by
a preponderance of the evidence that (a) the abduction
does not include the use of or intent to use or threat to
use deadly force, and (b) the actor is a relative of the
person abducted, and (c) the actor's sole intent is to assume custody of that person. Nothing contained in this
paragraph shall constitute a defense to a prosecution
for, or preclude a conviction of, any other crime.
(3) Kidnaping in the second degree is a class B felony. [1975 1st ex.s. c 260 § 9A.40.030.]
9A.40.040 Unlawful imprisonment. (I) A person is
guilty of unlawful imprisonment if he knowingly restrains another person.
(2) Unlawful imprisonment is a class C felony. [1975
1st ex.s. c 260 § 9A.40.040.]
9A.40.050 Custodial interference. (I) A person is
guilty of custodial interference if, knowing that he has
no legal right to do so, he takes or entices from lawful
custody any incompetent person or other person entrusted by authority of law to the custody of another
person or institution.
(2) Custodial interference is a gross misdemeanor.
[1975 1st ex.s. c 260 § 9A.40.050.]
Chapter 9 A.48
ARSON, RECKLESS BURNING, AND MALICIOUS
MISCHIEF
Sections
9A.48.010
9A.48.020
9A.48.030
9A.48.040
9A.48.050
9A.48.060
9A.48.070
9A.48.080
9A.48.090
9A.48.100
Definitions.
Arson in the first degree.
Arson in the second degree.
Reckless burning in the first degree.
Reckless burning in the second degree.
Reckless burning-Defense.
Malicious mischief in the first degree.
Malicious mischief in the second degree.
Malicious mischief in the third degree.
Malicious mischief-"Physical damage" defined.
[1975 RCW Supp--p 891
9A.48.010
Title 9A:
Washington Criminal Code
9A.48.010 Definitions. ( l) For the purpose of this title. as now or hereinafter amended, unless the context
indicates otherwise:
(a) "Building'' has the definition in RCW
9A.04. l l0(5). and where a building consists of two or
more units separately secured or occupied, each unit
shall not be treated as a separate building;
(b) "Damages". in addition to its ordinary meaning,
includes any charring, scorching, burning, or breaking,
or agricultural or industrial sabotage, and shall include
any diminution in the value of any property as a consequence of an act.
(2) To constitute arson it shall not be necessary that a
person other than the actor should have had ownership
in the building or structure damaged or set on fire.
[1975 lst ex.s. c 260 § 9A.48.010.]
9A.48.020 Arson in the first degree. (I) A person is
guilty of arson in the first degree if he knowingly and
maliciously:
(a) Causes a fire or explosion which is manifestly
dangerous to any human life including firemen; or
(b) Causes a fire or explosion which damages a
dwelling; or
(c) Causes a fire or explosion in any building in
which there shall be at the time a human being who is
not a participant in the crime.
(2) Arson in the first degree is a class A felony. [ 1975
lst ex.s. c 260 § 9A.48.020.]
9A.48.060 Reckless burning--Defense. In any
prosecution for the crime of reckless burning in the first
or second degrees, it shall be a defense if the defendant
establishes by a preponderance of the evidence that:
(a) No person other than the defendant had a possessory, or pecuniary interest in the damaged or endangered property, or if other persons had such an interest,
all of them consented to the defendant's conduct; and
(b) The defendant's sole intent was to destroy or
damage the property for a lawful purpose. [1975 lst
ex.s. c 260 § 9A.48.060.]
9A.48.070 Malicious mischief in the first degree. (I)
A person is guilty of malicious mischief in the first degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding one thousand five hundred
dollars; or
(b) Causes an interruption or impairment of service
rendered to the public by physically damaging or tampering with an emergency vehicle or property of the
state, a political subdivision thereof, or a public utility
or mode of public transportation, power, or
communication.
(2) Malicious mischief in the first degree is a class B
felony. [1975 lst ex.s. c 260 § 9A.48.070.]
9A.48.080
Malicious mischief in the second degree.
(I) A person is guilty of malicious mischief in the sec-
9A.48.030 Arson in the second degree. (l) A person
is guilty of arson in the second degree if he knowingly
and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenant to or joining any building, or any wharf, dock,
machine, engine, automobile, or other motor vehicle,
watercraft, aircraft, bridge, or trestle, or hay, grain,
crop, or timber, whether cut or standing or any range
land, or pasture land, or any fence, or any lumber,
shingle, or other timber products, or any property.
(2) Arson in the second degree is a class B felony.
[ 1975 lst ex.s. c 260 § 9A.48.030.]
9A.48.040 Reckless burning in the first degree. (1) A
person is guilty of reckless burning in the first degree if
he recklessly damages a building or other structure or
any vehicle, railway car, aircraft or watercraft or any
hay, grain, crop, or timber whether cut or standing, by
knowingly causing a fire or explosion.
(2) Reckless burning in the first degree is a class C
felony. [1975 1st ex.s. c 260 § 9A.48.040.]
9A.48.050 Reckless burning in the second degree. (I)
A person is guilty of reckless burning in th~ second degree if he knowingly causes a fire or explosion, whether
on his own property or that of another, and thereby
recklessly places a building or other structure, or any
vehicle, railway car, aircraft, or watercraft, or any hay,
grain, crop or timber, whether cut or standing, in danger of destruction or damage.
(2) Reckless burning in the second degree is a gross
misdemeanor. [1975 1st ex.s. c 260 § 9A.48.050.]
f1975 RCW Supp---p 90)
ond degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding two hundred and fifty dollars; or
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or
property of the state, a political subdivision thereof, or
a public utility or mode of public transportation, power,
or communication.
(2) Malicious mischief in the second degree is a class
C felony. [1975 1st ex.s. c 260 § 9A.48.080.]
9A.48.090 Malicious mischief in the third degree. ( l)
A person is guilty of malicious mischief in the third degree if he knowingly and maliciously causes physical
damage to the property of another, under circumstances
not amounting to malicious mischief in the first or second degree.
_(2) Maliciou_s mischief in the third degree is a gross
misdemeanor if the damage to the property is in an
amount exceeding fifty dollars; otherwise, it is a misdemeanor. [1975 lst ex.s. c 260 § 9A.48.090.]
9A.48.100 Malicious mischief--" Physical damage''
defined. F~r the. purr,oses _of RCW 9~.4~.070 through
9A.48.090 mclusive, physical damage , m addition to
its ordinary meaning, shall include the alteration, damage, or erasure of records, information, data, or computer programs which are electronically recorded for
use in computers. [1975 lst ex.s. c 260 § 9A.48.l00.]
Burglary And Trespass
Chapter 9A.52
BURGLARY AND TRESPASS
Sections
9A.52.010
9A.52.020
9A.52.030
9A.52.040
9A.52.050
9A.52.060
9A.52.070
9A.52.080
9A.52.090
9A.52. l 00
Definitions.
Burglary in the first degree.
Burglary in the second degree.
Inference of intent.
Other crime in committing burglary punishable.
Making or having burglar tools.
Criminal trespass in the first degree.
Criminal trespass in the second degree.
Criminal trespass-Defenses.
Vehicle prowling.
9A.52.010 Definitions. The following definitions apply in this chapter:
(1) "Premises'' includes any building, dwelling, or any
real property;
(2) "Enter". The word "enter" when constituting an
element or part of a crime, shall include the entrance of
the person, or the insertion of any part of his body, or
any instrument or weapon held in his hand and used or
intended to be used to threaten or intimidate a person
or to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters
or remains unlawfully" in or upon premises when he is
not then licensed, invited, or otherwise privileged to so
enter or remain.
A license or privilege to enter or remain in a building
which is only partly open to the public is not a license
or privilege to enter or remain in that part of a building
which is not open to the public. A person who enters or
remains upon unimproved and apparently unused land,
which is neither fenced nor otherwise enclosed in a
manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land
or some other authorized person, or unless notice is
given by posting in a conspicuous manner. [1975 1st
ex.s. c 260 § 9A.52.010.]
9A.52.020 Burglary in the first degree. (1) A person
is guilty of burglary in the first degree if, with intent to
commit a crime against a person or property therein, he
enters or remains unlawfully in a dwelling and if, in
entering or while in the dwelling or in immediate flight
therefrom, the actor or another participant in the crime
(a) is armed with a deadly weapon, or (b) assaults any
person therein.
(2) Burglary in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.52.020.]
9A.52.030 Burglary in the second degree. (1) A person is guilty of burglary in the second degree if, with
intent to commit a crime against a person or property
therein, he enters or remains unlawfully in a building.
(2) Burglary in the second degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.52.030.]
9A.52.040 Inference of intent. In any prosecution for
burglary, any person who enters or remains unlawfully
in a building may be inferred to have acted with intent
to commit a crime against a person or property therein,
unless such entering or remaining shall be explained by
9A.52.100
evidence satisfactory to the trier of fact to have been
made without such criminal intent. [1975 1st ex.s. c 260
§ 9A.52.040.]
9A.52.050 Other crime in committing burglary punishable. Every person who, in the commission of a_ burglary shall commit any other crime, may be punished
therefor as well as for the burglary, and may be prosecuted for each crime separately. [ 1975 I st ex.s. c 260 §
9A.52.050.]
9A.52.060 Making or having burglar tools. (I) Every
person who shall make or mend or cause t? be mad~ or
mended, or have in his possession, any engme, machine,
tool, false key, pick lock, bit, nippers, or impleme_nt
adapted, designed, or commonly used ~or .the coi:rim1ssion of burglary under circumstances evmcmg an mtent
to use or employ, or allow the same to be used or employed in the commission of a burglary, or know!ng
that the same is intended to be so used, shall be gmlty
of making or having burglar tools.
(2) Making or having burglar tools is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.52.060.]
9A.52.070 Criminal trespass in the first degree. (1) A
person is guilty of criminal trespass in the first degree if
he knowingly enters or remains unlawfully in a building
or on real property adjacent thereto or upon real property which is fenced or otherwise enclosed in a manner
designed to exclude intruders.
(2) Criminal trespass in the first degree is a gross
misdemeanor. [1975 1st ex.s. c 260 § 9A.52.070.]
9A.52.080 Criminal trespass in the second degree. (I)
A person is guilty of criminal trespass in .the second degree if he knowingly enters or remains unlawfully in or
upon premises of another.
(2) Criminal trespass in the second degree is a misdemeanor. [1975 1st ex.s. c 260 § 9A.52.080.]
9A.52.090 Criminal trespass--Defenses. In any
prosecution under RCW 9A.52.070 and 9A.52.080, it is
a defense that:
(1) A building involved in an offense under RCW
9A.52.070 was abandoned; or
(2) The premises were at the time open to members
of the public and the actor complied with all lawful
conditions imposed on access to or remaining in the
premises; or
(3) The actor reasonably believed that the owner of
the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. [1975 1st ex.s. c 260 § 9A.52.090.]
9A.52.100 Vehicle prowling. (1) A person is guilty of
vehicle prowling if, with intent to commit a crime
against a person or property therein, he enters or remains unlawfully in a vehicle.
(2) Vehicle prowling is a gross misdemeanor. [1975
1st ex.s. c 260 § 9A.52.100.]
11975 RCW Supp----p 911
Chapter 9A.56
Title 9A:
Washington Criminal Code
Chapter 9A.56
THEFT AND ROBBERY
Sections
9A.56.010
9A.56.020
9A.56.030
9A.56.040
9A.56.050
9A.56.060
9A.56.070
9A.56.080
9A.56.090
9A.56.100
9A.56.l !O
9A.56.!20
9A.56.!30
9A.56.140
9A.56.!50
9A.56.!60
9A.56.170
9A.56.!80
9A.56.190
9A.56.200
9A.56.210
Definitions.
Theft--Definition, defense.
Theft in the first degree.
Theft in the second degree.
Theft in the third degree.
Unlawful issuance of checks or drafts.
Taking motor vehicle without permission.
Theft of livestock.
Presumption on failure to return vehicle, machinery, or
equipment pursuant to rental or lease agreement.
Theft and larceny equated.
Extortion--Definition.
Extortion in the first degree.
Extortion in the second degree.
Possessing stolen property--Definition--Credit
cards, presumption.
Possessing stolen property in the first degree.
Possessing stolen property in the second degree.
Possessing stolen property in the third degree.
Obscuring identity of a machine.
Robbery--Definition.
Robbery in the first degree.
Robbery in the second degree.
9A.56.010 Definitions. The following definitions are
applicable in this chapter unless the the context otherwise requires:
(I) "Appropriate lost or misdelivered property or
services'' means obtaining or exerting control over the
property or services of another which the actor ~nows
to have been lost or mislaid, or to have been dehvered
under a mistake as to identity of the recipient or as to
the nature or amount of the property;
(2) "By color or aid of deception" means that the deception operated to bring about the obtaining of ~he
property or services; it is not necessary that dece~t10n
be the sole means of obtaining the property or services;
(3) "Credit card" means any instrument or device,
whether incomplete, revoked, or expired, whether
known as a credit card, credit plate, charge plate, courtesy card, or by any other name, issued with or without
fee for the use of the cardholder in obtaining money,
goods, services, or anything else of value, including satisfaction of a debt or the payment of a check drawn by
a cardholder, either on credit or in consideration of an
undertaking or guarantee by the issuer;
(4) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another's false impression
which the actor knows to be false; or
(b) Fails to correct another's impression which the
actor previously has created or confirmed; or
(c) Prevents another from acquiring i.nformation material to the disposition of the property mvolved; or
(d) Transfers or encumbers property ~ithout. disclosing a lien, adverse claim, or other legal 1mpedn:nent t?
the enjoyment of the property, whether that 1mpe?1ment is or is not valid, or is or is not a matter of official
record; or
(e) Promises performance which the actor does not
intend to perform or knows will not be performed. .
(5) "Deprive" in addition to its common mea~mg
means to make unauthorized use or an unauthonzed
copy of records, information, data, trade secrets, or
11975 RCW Supp--p 92]
computer programs, provided that the aforementioned
are of a private proprietary nature;
(6) "Obtain control over" in addition to its common
meaning, means:
(a) In relation to property. to bring about a transfer
or purported transfer to the obtainer or another of a legally recognized interest in the property; or
(b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or
another;
(7) "Wrongfully obtains" or "exerts unauthorized
control" means:
(a) To take the property or services of another; or
(b) Having any property or services in one's possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor,
administrator, guardian, or officer of any p~rson, estate,
association, or corporation, or as a pubhc officer, .or
person authorized by agreement or competent authonty
to take or hold such possession, custody, or control, to
secrete, withhold, or appropriate the same to his own
use or to the use of any person other than the true
owner or person entitled thereto;
(8) "Owner" means a person, other than the actor,
who has possession of or any other interest in the property or services involved, and without whose consent
the actor has no authority to exert control over the
property or services;
. .
.
(9) "Receive" includes, but is not hmited to, acqmring title, possession, control, or a security interest, or
any other interest in the property;
(10) "Services" includes, but is not limited to, labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations, restaurant services, entertainment, the use of
equipment for use, and the use supplying of commodities of a public utility nature such as gas, electricity,
steam, and water;
(11) "Stolen" means obtained by theft, robbery, or
extortion;
(12) Value. (a) "Value" means the market value of
the property or services at the time and in the approximate area of the criminal act.
(b) Whether or not they have been issued or delivered, written instruments, except those having a readily
ascertained market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory
note, shall be deemed the amount due or collectible
thereon or thereby, that figure ordinarily being the face
amount of the indebtedness less any portion thereof
which has been satisfied;
(ii) The value of a ticket or equivalent instrument
which evidences a right to receive transportation, entertainment, or other service shall be deemed the price
stated thereon, if any; and if no price is stated thereon,
the value shall be deemed the price of such ticket or
equivalent instrument which the issuer charged the general public;
(iii) The value of any other instrument that creates,
releases, discharges, or otherwise affects any valuable
legal right, privilege, or obligation shall be deemed the
Theft And Robbery
greatest amount of economic loss which th~ owner of
the instrument might reasonably suffer by virtue of the
loss of the instrument.
(c) Whenever any series of transactions which constitute theft, would, when considered separately, constitute
theft in the third degree because of value, and said series of transactions are a part of a common scheme or
plan, then the transactions may be aggregated in one
count and the sum of the value of all said transactions
shall be the value considered in determining the degree
of theft involved.
(d) Whenever any person is charged with possessing
stolen property and such person has unlawfully in his
possession at the same time the stolen property of more
than one person, then the stolen property possessed
may be aggregated in one count and the sum of the
value of all said stolen property shall be the value considered in determining the degree of theft involved.
(e) Property or services having value that cannot be
ascertained pursuant to the standards set forth above
shall be deemed to be of a value not exceeding two
hundred and fifty dollars. [ 1975 1st ex.s. c 260 §
9A.56.010.]
9A.56.020 Theft--Definition, defense. (1) "Theft"
means:
(a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value
ther~of, with intent to deprive him of such property or
services; or
(b) By color or aid of deception to obtain control
over the property or services of another or the value
thereof, with intent to deprive him of such property or
services; or
(c) To appropriate lost or misdelivered property or
services of another, or the value thereof, with intent to
deprive him of such property or services.
(2) In any prosecution for theft, it shall be a sufficient
defense that the property or service was appropriated
openly and avowedly under a claim of title preferred in
good faith, even though the claim be untenable. [1975
1st ex.s. c 260 § 9A.56.020.]
9A.56.080
(b) A public record, writing, or instrument kept, filed,
or deposited according to law with or in the keeping of
any public office or public servant; or
(c) A credit card; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
[1975 1st ex.s. c 260 § 9A.56.040.]
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.050 Theft in the third degree. (I) A person is
guilty of th~ft in the third degree if he commits theft of
property or services which does not exceed two hundred
and fifty dollars in value.
(2) Theft in the third degree is a gross misdemeanor.
[1975 1st ex.s. c 260 § 9A.56.050.]
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.060 Unlawful issuance of checks or drafts. (1)
Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check,
or draft, on a bank or other depository for the payment
of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds in, or credit with
said bank or other depository, to meet said check or
draft, in full upon its presentation, shall be guilty of
unlawful issuance of bank check. The word "credit" as
used herein shall be construed to mean an arrangement
or understanding with the bank or other depository for
the payment of such check or draft, and the uttering or
delivery of such a check or draft to another person
without such fund or credit to meet the same shall be
prima facie evidence of an intent to defraud.
(2) Unlawful issuance of a bank check in an amount
greater than two hundred and fifty dollars is a class C
felony.
(3) Unlawful issuance of a bank check in an amount
of two hundred and fifty dollars or less is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.56.060.]
9A.56.070 Taking motor vehicle without permission.
(1) Every person who shall without the permission of
Civil action for shoplifting by adults, minors: RCW 4.24.230.
the owner or person entitled to the possession thereof
intentionally take or drive away any automobile or motor vehicle, whether propelled by steam, electricity, or
internal combustion engine, the property of another,
shall be deemed guilty of a felony, and every person
voluntarily riding in or upon said automobile or motor
vehicle with knowledge of the fact that the same was
unlawfully taken shall be equally guilty with the person
taking or driving said automobile or motor vehicle and
shall be deemed guilty of taking a motor vehicle without permission.
(2) Taking a motor vehicle without permission is a
class C felony. (1975 1st ex.s. c 260 § 9A.56.070.]
9A.56.040 Theft in the second degree. (1) A person is
guilty of theft in the second degree if he commits theft
of:
(a) Property or services which exceed(s) two hundred
and fifty dollars in value, but does not exceed one
thousand five hundred dollars in value; or
9A.56.080 Theft of livestock. (1) Every person who,
with intent to deprive or defraud the owner thereof,
wilfully takes, leads, or transports away, conceals, withholds, slaughters, or otherwise appropriates to his own
use any horse, mule, cow, heifer, bull, steer, swine, or
sheep shall be guilty of theft of livestock.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.030 Theft in the first degree. (1) A person is
guilty of theft in the first degree if he commits theft of:
(a) Property or services which exceed(s) one thousand
five hundred dollars in value; or
(b) Property of any value taken from the person of
another.
(2) Theft in the first degree is a class B felony. [ 1975
1st ex.s. c 260 § 9A.56.030.]
(1975 RCW Supp---p 931
9A.56.080
Title 9A:
Washington Criminal Code
(2) Theft of livestock 1s a class B felony. [1975 1st
ex.s. c 260 § 9A.56.080.]
9A.56.090 Presumption on failure to return vehicle,
machinery, or equipment pursuant to rental or lease
agreement. Any person to whom a motor vehicle, or
piece of machinery or equipment having a fair market
value in excess of one thousand five hundred dollars is
delivered on a rental or lease basis under any agreement in writing providing for its return to a particular
place at a particular time, who refuses or wilfully neglects to return such vehicle or piece of machinery or
equipment after the expiration of a reasonable time after a notice in writing proved to have been duly mailed
by registered or certified mail with return receipt requested addressed to the last known address of the person who rented or leased the motor vehicle, or piece of
machinery or equipment, shall be presumed to have intended to deprive or defraud the owner thereof within
the meaning of RCW 9A.56.020 defining the crime of
theft. This presumption may be rebutted by evidence
raising a reasonable inference that the failure to return
the vehicle or piece of machinery or equipment was not
with the intent to defraud or otherwise deprive the
owner of his property. [1975 1st ex.s. c 260 § 9A.56.090.]
9A.56.100 Theft and larceny equated. All offenses
defined as larcenies outside of this title shall be treated
as thefts as provided in this title. [ 1975 I st ex.s. c 260 §
9A.56.100.]
9 A.56.110
Extortion--Definition. "Ex tort ion"
means knowingly to obtain or attempt to obtain by
threat property or services of the owner, as defined in
*RCW 9A.56.010(8). [1975 1st ex.s. c 260 § 9A.56.110.]
*Reviser's note: In 1975 !st ex.s. c 260 § 9A.56.llO the citation of
the definition of "owner" appears as "section 9A.56.010(7)". During
its course of passage section 9A.56.010 was amended by inserting a
new subsection (5) and renumbering the following subsections so that
as enacted the definition of owner appears in 9A.56.010(8). The text
herein has been revised accordingly.
9A.56.120 Extortion in the first degree. (1) A person
is guilty of extortion in the first degree if he commits
extortion by means of a threat as defined in RCW
9A.04. l 10(25)(a), (b), or (c).
(2) Extortion in the first degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.56.120.]
9A.56.130 Extortion in the second degree. (1) A person is guilty of extortion in the second degree if he
commits extortion by means of a threat as defined in
RCW 9A.04. l 10(25) (d) through ij).
(2) In any prosecution under this section based on a
threat to accuse any person of a crime or cause criminal
charges to be instituted against any person, it is a defense that the actor reasonably believed the threatened
criminal charge to be true and that his sole purpose was
to compel or induce the person threatened to take reasonable action to make good the wrong which was the
subject of such threatened criminal charge.
(3) Extortion in the second degree is a class C felony.
[1975 1st ex.s. c 260 § 9A.56.130.]
f197S RCW Supp--p 94)
9A.56.140 Possessing stolen property--Definition--Credit cards, presumption. (1) "Possessing stolen property" means knowingly to receive, retain,
possess, conceal, or dispose of stolen property knowing
that it has been stolen and to withhold or appropriate
the same to the use of any person other than the true
owner or person entitled thereto.
(2) The fact that the person who stole the property
has not been convicted, apprehended, or identified is
not a defense to a charge of possessing stolen property.
(3) When a person not an issuer or agent thereof has
in his possession or under his control stolen credit cards
issued in the names of two or more persons, he shall be
presumed to know that they are stolen. This presumption may be rebutted by evidence raising a reasonable
inference that the possession of such stolen credit cards
was without knowledge that they were stolen. [I 975 !st
ex.s. c 260 § 9A.56.140.]
9A.56.150 Possessing stolen property in the first degree. (1) A person is guilty of possessing stolen property
in the first degree if he possesses stolen property which
exceeds one thousand five hundred dollars in value.
(2) Possessing stolen property in the first degree is a
class B felony. [1975 1st ex.s. c 260 § 9A.56.150.]
9 A.56.160 Possessing stolen property in the second
degree. (1) A person is guilty of possessing stolen property in the second degree if:
(a) He possesses stolen property which exceeds two
hundred fifty dollars in value but does not exceed one
thousand five hundred dollars in value; or
(b) He possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He possesses a stolen credit card; or
(d) He possesses a stolen motor vehicle of a value less
than one thousand five hundred dollars; or
(e) He possesses a stolen firearm.
(2) Possessing stolen property in the second degree is
a class C felony. [1975 1st ex.s. c 260 § 9A.56.160.]
9A.56.170 Possessing stolen property in the third de(I) _A person i~ guilty of possessing stolen property
m the third degree 1f he possesses stolen property which
does not exceed two hundred fifty dollars in value.
(2) Possessing stolen property in the third degree is a
gross misdemeanor. [1975 1st ex.s. c 260 § 9A.56.170.]
~ee.
9A.5~.180_ Obscuring identity of a machine. (I) A
person 1s guilty of obscuring identity of a machine if he
knowingly:
(a) O~sc_ures _th~ manufacturer's serial number or any
other d1stmgu1shmg identification number or mark
upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it unidentifiable; or
(b Possesses a vehicle, machine, engine, apparatus,
apphance, or other device held for sale knowing that
the serial number or other identification number or
mark has been obscured.
(2) "Obscure'' means to remove, deface, cover, alter,
destroy, or otherwise render unidentifiable.
!
Chapter 9A.64
Family Offenses
(3) Obscuring identity of a machine is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.56.180.]
9A.56.190 Robbery--Definition. A person commits robbery when he unlawfully takes personal property from the person of another or in his presenc.e
against his will by the use or threatened use of 1mmed1ate force, violence, or fear of injury to that person or his
property or the person or property of anyone. Such
force or fear must be used to obtain or retain possession
of the property, or to prevent or overcome resistance to
the taking; in either of which cases the degree of force
is immaterial. Such taking constitutes robbery whenever
it appears that, although the taking was fully completed
without the knowledge of the person from whom taken,
such knowledge was prevented by the use of force or
fear. [ 1975 1st ex.s. c 260 § 9A.56. I 90.]
9 A.56.200 Robbery in the first degree. (I) A person
is guilty of robbery in the first degree if in the commission of a robbery or of immediate flight therefrom, he:
(a) Is armed with a deadly weapon; or
(b) Displays what appears to be a firearm or other
deadly weapon; or
(c) Inflicts bodily injury.
(2) Robbery in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.56.200.]
9A.56.210 Robbery in the second degree. (I) A person is guilty of robbery in the second degree if he commits robbery.
(2) Robbery in the second degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.56.210.]
Chapter 9A.60
FRAUD
Sections
9A.60.0IO
9A.60.020
9A.60.030
9A.60.040
9A.60.050
Definitions.
Forgery.
Obtaining a signature by deception or duress.
Criminal impersonation.
False certification.
9A.60.010 Definitions. The following definitions and
the definitions of RCW 9A.56.010 are applicable in this
chapter unless the context otherwise requires:
(I) "Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any credit card, as
defined in RCW 9A.56.010(3), token, stamp, seal,
badge, trademark, or other evidence or symbol of value,
right, privilege, or identification;
(2) "Complete written instrument" means one which
is fully drawn with respect to every essential feature
thereof;
(3) "Incomplete written statement" means one which
contains some matter by way of content or authentication but which requires additional matter in order to
render it a complete written instrument;
(4) To "falsely make" a written instrument means to
make or draw a complete or incomplete written instrument which purports to be authentic, but which is not
authentic either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof;
(5) To "falsely complete" a written instrument means
to transform an incomplete written instrument into a
complete one by adding or inserting matter, without the
authority of anyone entitled to grant it;
(6) To "falsely alter" a written instrument means to
change, without authorization by anyone entitled .to
grant it, a written instrument, whether complete or incomplete, by. means of erasure, ??literation, deletio~,
insertion of new matter, transpos1t10n of matter, or m
any other manner;
(7) "Forged instrument" means a written instrument
which has been falsely made, completed or altered.
[1975 1st ex.s·. c 260 § 9A.60.0IO.]
9A.60.020 Forgery. (1) A person is guilty of forgery
if, with intent to injure or defraud:
(a) He falsely makes, completes, or alters a written
instrument or;
(b) Possesses, utters, offers, disposes of, or puts off as
true a written instrument which he knows to be forged.
(2) Forgery is a class C felony. [ 1975 I st ex.s. c 260 §
9A.60.020.]
9A.60.030 Obtaining a signature by deception or duress. (I) A person is guilty of obtaining a signature by
deception or duress if by deception or duress and with
intent to defraud or deprive he causes another person to
sign or execute a written instrument.
(2) Obtaining a signature by deception is a class C
felony. [1975 1st ex.s. c 260 § 9A.60.030.]
9A.60.040 Criminal impersonation. (I) A person is
guilty of criminal impersonation if he:
(a) Assumes a false identity 'Uld does an act in his
assumed character with intent to defraud another or for
any other unlawful purpose; or
(b) Pretends to be a representative of some person or
organization or a public servant and does an act in his
pretended capacity with intent to defraud another or
for any other unlawful purpose.
(2) Criminal impersonation is a gross misdemeanor.
[1975 1st ex.s. c 260 § 9A.60.040.]
9A.60.050 False certification. (J) Any person is
guilty of false certification, if, being an officer authorized to take a proof or acknowledgment of an instrument which by law may be recorded, he knowingly
certifies falsely that the execution of such instrument
was acknowledged by any party thereto or that the execution thereof was proved.
(2) False certification is a gross misdemeanor. [ 1975
1st ex.s. c 260 § 9A.60.050.]
Chapter 9A.64
FAMILY OFFENSES
Sections
9A.64.0JO
9A.64.020
Bigamy.
Incest.
(1975 RCW Supp---p 951
9A.64.010
Title 9A:
Washington Criminal Code
9A.64.010 Bigamy. (I) A person is guilty of bigamy
if he intentionally marries or purports to marry another
person when either person has a living spouse.
(2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or
purported marriage:
(a) The actor reasonably believed that the prior
spouse was dead; or
(b) A court had entered a judgment purporting to
terminate or annul any prior disqualifying marriage and
the actor did not know that such judgment was invalid;
or
(c) The actor reasonably believed that he was legally
eligible to marry.
(3) Bigamy is a class C felony. [1975 !st ex.s. c 260 §
9A.64.010.)
9A.64.020 Incest. (I) A person is guilty of incest if
he engages in sexual intercourse with a person whom he
knows to be related to him, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister
of either the whole or the half blood.
(2) As used in this section, "descendant" includes
stepchildren and adopted children under eighteen years
of age.
(3) Incest is a class C felony. [1975 !st ex.s. c 260 §
9A.64.020.)
Chapter 9A.68
BRIBERY AND CORRUPT INFLUENCE
Sections
9A.68.0IO
9A.68.020
9A.68.030
9A.68.040
9A.68.050
Bribery.
Requesting unlawful compensation.
Receiving or granting unlawful compensation.
Trading in public office.
Trading in special influence.
9A.68.010
Bribery. (1) A person is guilty of bribery
if:
(a) With the intent to secure a particular result in a
particular matter involving the exercise of the public
servant's vote, opinion, judgment, exercise of discretion,
or other action in his official capacity, he offers, confers,
or agrees to confer any pecuniary benefit upon such
public servant; or
(b) Being a public servant, he requests, accepts, or
agrees to accept any pecuniary benefit pursuant to an
agreement or understanding that his vote, opinion,
judgment, exercise of discretion, or other action as a
public servant will be used to secure or attempt to secure a particular result in a particular matter.
(2) It is no defense to a prosecution under this section
that the public servant sought to be influenced was not
qualified to act in the desired way, whether because he
had not yet assumed office, lacked jurisdiction, or for
any other reason.
(3) Bribery is a class B felony. [1975 1st ex.s. c 260 §
9A.68.010.)
[1975 RCW Supi>--JJ 96)
9 A.68.020 Requesting unlawful compensation. ( 1) A
public servant is guilty of requesting unlawful compensation if he requests a pecuniary benefit for !he per_formance of an official action knowing that he 1s requlfed
to perform that action without compensation or at a
level of compensation lower than that requested.
(2) Requesting unlawful compensation is a class C
felony. [1975 1st ex.s. c 260 § 9A.68.020.]
9A.68.030 Receiving or granting unlawful compensation. (I) A person is guilty of receiving or granting unlawful compensation if:
(a) Being a public servant, he requests, accepts, or
agrees to accept compensation for advice or other assistance in preparing a bill, contract, claim, or transaction regarding which he knows he is likely to have an
official discretion to exercise; or
(b) He knowingly offers, pays, or agrees to pay compensation to a public servant for advice or other ass!stance in preparing or promoting a bill, contract, claim,
or other transaction regarding which the public servant
is likely to have an official discretion to exercise.
(2) Receiving or granting unlawful compensation is a
class C felony. [1975 1st ex.s. c 260 § 9A.68.030.]
9A.68.040 Trading in public office. (I) A person is
guilty of trading in public office if:
(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant pursuant to an
agreement or understanding that such actor will or may
be appointed to a public office; or
(b) Being a public servant, he requests, accepts, or
agrees to accept any pecuniary benefit from another
person pursuant to an agreement or understanding that
such person will or may be appointed to a public office.
(2) Trading in public office is a class C felony. [1975
1st ex.s. c 260 § 9A.68.040.]
9A.68.050 Trading in special influence. (l) A person
is guilty of trading in special influence if:
(a) He offers, confers, or agrees to confer any pecuniary benefit upon another person pursuant to an
agreement or understanding that such other person will
offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or
attempt to secure a particular result in a particular
matter; or
(b) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will offer or confer a benefit upon a
public servant or procure another to do so with intent
thereby to secure or attempt to secure a particular result
in a particular matter.
(2) Trading in special influence is a class C felony.
(1975 1st ex.s. c 260 § 9A.68.050.]
Chapter 9 A. 72
PERJURY AND INTERFERENCE WITH OFFICIAL
PROCEEDINGS
Sections
9A.72.0IO
9A.72.020
Definitions.
Perjury in the first degree.
Perjury
9A.72.030
9A.72.040
9A.72.050
9A.72.060
9A.72.070
9A.72.080
9A.72.090
9A.72.100
9A.72. I IO
9A.72.120
9A.72.130
9A.72.140
9A.72.150
Perjury in the second degree.
False swearing.
Perjury and false swearing-Inconsistent statements-Degree of crime.
Perjury and false swearing-Retraction.
Perjury and false swearing-Irregularities no defense.
Statement of what one does not know to be true.
Bribing a witness.
Bribe receiving by a witness.
Intimidating a witness.
Tampering with a witness.
Intimidating a juror.
Jury tampering.
Tampering with physical evidence.
9A.72.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Materially false statement" means any false
statement oral or written, regardless of its admissibility
under the rules of evidence, which could have affected
the course or outcome of the proceeding; whether a
false statement is material shall be determined by the
court as a matter of law;
(2) "Oath" includes an affirmation and every other
mode authorized by law of attesting to the truth of that
which is stated; in this chapter, written statements shall
be treated as if made under oath if:
(a) The statement was made on or pursuant to instructions on an official form bearing notice, authorized
by law, to the effect that false statements made therein
are punishable; or
(b) The statement recites that it was made under
oath, the declarant was aware of such recitation at the
time he made the statement, intended that the statement should be represented as a sworn statement, and
the statement was in fact so represented by its delivery
or utterance with the signed jurat of an officer authorized to administer oaths appended thereto;
(3) An oath is "required or authorized by law" when
the use of the oath is specifically provided for by statute
or regulatory provision;
(4) "Official proceeding'' means a proceeding heard
before any legislative, judicial, administrative, or other
government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking
testimony or depositions;
(5) "Juror" means any person who is a member of
any jury, including a grand jury, impaneled by any
court of this state or by any public servant authorized
by law to impanel a jury; the term juror also includes
any person who has been drawn or summoned to attend as a prospective juror;
(6) "Testimony'' includes oral or written statements,
documents, or any other material that may be offered
by a witness in an official proceeding. [1975 1st ex.s. c
260 § 9A.72.010.]
~A.72.020 . Perj~ in the first degree. (I) A person is
gmlty o.f perjury m the first degree if in any official
proceedmg he makes a materially false statement which
he knows to be false under an oath required or authorized by law.
9A.72.060
(2) Knowledge of the materiality of the statement is
not an element of this crime, and the actor's mistaken
belief that his statement was not material is not a defense to a prosecution under this section.
(3) Perjury in the first degree is a class B felony. [1975
1st ex.s. c 260 § 9A.72.020.]
9A.72.030 Perjury in the second degree. (I) A person
is guilty of perjury in the second degree if, with intent
to mislead a public servant in the performance of his
duty, he makes a materially false statement, which he
knows to be false under an oath required or authorized
by law.
(2) Perjury in the second degree is a class C felony.
[1975 1st ex.s. c 260 § 9A.72.030.]
9A.72.040 False swearing. (I) A person is guilty of
false swearing if he makes a false statement, which he
knows to be false, under an oath required or authorized
by law.
(2) False swearing is a gross misdemeanor. [ 1975 I st
ex.s. c 260 § 9A.72.040.]
9A.72.050 Perjury and false swearing--Inconsistent statements--Degree of crime. ( 1) Where, in the
course of one or more official proceedings, a person
makes inconsistent material statements under oath, the
prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the
defendant to be false. In such case it shall not be necessary for the prosecution to prove which material
statement was false but only that one or the other was
false and known by the defendant to be false.
(2) The highest offense of which a person may be
convicted in such an instance as set forth in subsection
(I) of ~his section shall be determined by hypothetically
assummg each statement to be false. If perjury of different degrees would. be established by the making of
the two statements, the person may only be convicted
of the lesser degree. If perjury or false swearing would
be established by the making of the two statements, the
person may only be convicted of false swearing. For
purposes of this section, no corroboration shall be required of either inconsistent statement. [ 1975 1st ex.s. c
260 § 9A.72.050.]
9A.72.060 Perjury and false swearing--Retraction.
No p~rso~ shall be convicted or *[of] perjury or false
swearing If he retracts his false statement in the course
of the same proceeding in which it was made, if in fact
he does so before it becomes manifest that the falsification is or will be exposed and before the falsification
substantially affects the proceeding. Statements made in
sepa~a!e he~rings at separate stages of the same trial,
admmistr~tive, or. other official proceeding shall be
treated as If made m the course of the same proceeding.
[1975 1st ex.s. c 260 § 9A.72.060.]
*Reviser's note: It appears "or• should be substituted for "or" as
contained in the session law language.
[1975 RCW Supp--p 97)
9A.72.070
Title 9A:
Washington Criminal Code
9A.72.070 Perjur} and false swearing--Irregularities no defense. It is no defense to a prosecution for
perjury or false swearing:
(I) That the oath was administered or taken in an irregular manner; or
(2) That the person administering the oath lacked
authority to do so, if the taking of the oath was required
or authorized by law. [1975 1st ex.s. c 260 § 9A.72.070.]
9A.72.080 Statement of what one does not know to
be true. Every unqualified statement of that which one
does not know to be true is equivalent to a statement of
that which he knows to be false. [1975 1st ex.s. c 260 §
9A.72.080.]
9A.72.090 Bribing a witness. (1) A person is guilty of
bribing a witness if he offers, confers, or agrees to confer any benefit upon a witness or a person he has reason
to believe is about to be called as a witness in any official proceeding with intent to:
(a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(2) Bribing a witness is a class B felony. [1975 I st
ex.s. c 260 § 9A.72.090.]
9A.72.100 Bribe receiving by a witness. (1) A witness
or a person who has reason to believe he is about to be
called as a witness in any official proceeding is guilty of
bribe receiving by a witness if he requests, accepts, or
agrees to accept any benefit pursuant to an agreement
or understanding that:
(a) His testimony will thereby be influenced; or
(b) He will attempt to avoid legal process summoning
him to testify; or
(c) He will attempt to absent himself from an official
proceeding to which he has been legally summoned.
(2) Bribe receiving by a witness is a class B felony.
[1975 !st ex.s. c 260 § 9A.72.100.]
9A.72.110 Intimidating a witness. (1) A person is
guilty of intimidating a witness if, by use of a threat directed to a witness or a person he has reason to believe
is about to be called as a witness in any official proceeding, he attempts to:
(a) Influence the testimony of that person; or
(b) Induce that person to elude legal process summoning him to testify; or
(c) Induce that person to absent himself from such
proceedings.
(2) "Threat'' as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is
present at the time; or
(b) threats as defined in RCW 9A.04. l 10(25).
(3) Intimidating a witness is a class B felony. [1975
!st ex.s. c 260§9A.72.l10.]
(1975 RCW Supp--p 981
9A.72.120 Tampering with a witness. (I) A person is
guilty of tampering with a witness if he attempts to induce a witness or person he has reason to believe is
about to be called as a witness in any official proceeding to:
(a) Testify falsely or, without right or privilege to do
so, to withhold any testimony; or
(b) Absent himself from such proceedings.
(2) Tampering with a witness is a class C felony.
[1975 1st ex.s. c 260 § 9A.72.120.]
9A.72.130 Intimidating a juror. (1) A person is guilty
of intimidating a juror if, by use of a threat, he attempts
to influence a juror's vote, opinion, decision, or other
official action as a juror.
(2) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is
present at the time; or
(b) threats as defined in RCW 9A.04.l 10(25).
(3) Intimidating a juror is a class B felony. [1975 1st
ex.s. c 260 § 9A.72.130.]
9A.72.140 Jury tampering. (1) A person is guilty of
jury tampering if with intent to influence a juror's vote,
opinion, decision, or other official action in a case, he
attempts to communicate directly or indirectly with a
juror other than as part of the proceedings in the trial
of the case.
(2) Jury tampering is a gross misdemeanor. [ 1975 I st
ex.s. c 260 § 9A.72.140.]
9A.72.150 Tampering with physical evidence. (1) A
person is guilty of tampering with physical evidence if,
having reason to believe that an official proceeding is
pending or about to be instituted and acting without
legal right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters
physical evidence with intent to impair its appearance,
character, or availability in such pending or prospective
official proceeding; or
(b) Knowingly presents or offers any false physical
evidence.
(2) "Physical evidence" as used in this section includes any article, object, document, record, or other
thing of physical substance.
(3) Tampering with physical evidence is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.72.150.]
Chapter 9A.76
OBSTRUCTING GOVERNMENTAL OPERATION
Sections
9A.76.010
9A.76.020
9A.76.030
9A.76.040
9A.76.050
9A.76.060
9A.76.070
9A.76.080
9A.76.090
9A.76.IOO
9A.76.l 10
9A.76.120
Definitions.
Obstructing a public servant.
Refusing to summon aid for a peace officer.
Resisting arrest.
Rendering criminal assistance-Definition of term.
Relative defined.
Rendering criminal assistance in the first degree.
Rendering criminal assistance in the second degree.
Rendering criminal assistance in the third degree.
Compounding.
Escape in the first degree.
Escape in the second degree.
Obstructing Governmental Operation
9A.76.130
9A.76.140
9A. 76.150
9A.76.160
9A.76. I 70
9A.76.180
Escape in the third degree.
Introducing contraband in the first degree.
Introducing contraband in the second degree.
Introducing contraband in the third degree.
Bail jumping.
Intimidating a public servant.
9A.76.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(I) "Custody" means restraint pursuant to a lawful
arrest or an order of a court;
(2) "Detention facility" means any place used for the
confinement, of a person (a) arrested for, charged with
or convicted of an offense, or (b) charged with being or
adjudicated to be a dependent or delinquent child as
defined in RCW 13.04.010 as now or hereafter amended, or (c) held for extradition or as a material witness,
or (d) otherwise confined pursuant to an order of a
court, or (e) in any work release, furlough, or other such
facility or program;
(3) "Contraband" means any article or thing which a
person confined in a detention facility is prohibited
from obtaining or possessing by statute, rule, regulation,
or order of a court. [1975 1st ex.s. c 260 § 9A.76.010.]
9A.76.020 Obstructing a public servant. Every person who, (1) without lawful excuse shall refuse or
knowingly fail to make or furnish any statement, report,
or information lawfully required of him by a public
servant, or (2) in any such statement or report shall
make any knowingly untrue statement to a public servant, or (3) shall knowingly hinder, delay, or obstruct
any public servant in the discharge of his official powers
or duties; shall be guilty of a misdemeanor. [1975 lst
ex.s. c 260 § 9A.76.020.]
9A.76.030 Refusing to summon aid for a peace officer. (I) A person is guilty of refusing to summon aid for
a peace officer if, upon request by a person he knows to
be a peace officer, he unreasonably refuses or fails to
summon aid for such peace officer.
(2) Refusing to summon aid for a peace officer is a
misdemeanor. [1975 lst ex.s. c 260 § 9A.76.030.]
9A.76.040 Resisting arrest. (l) A person is guilty of
resisting arrest if he intentionally prevents or attempts
to prevent a peace officer from lawfully arresting him.
(2) Resisting arrest is a misdemeanor. [1975 1st ex.s. c
260 § 9A.76.040.]
9A.76.050 Rendering criminal assistance-Definition of term. As used in RCW 9A.76.070, 9A.76.080,
and 9A.76.090, a person "renders criminal assistance"
if, with intent to prevent, hinder, or delay the apprehension oryrosecution of another person who he knows
has committed a crime or is being sought by law enforcement officials for the commission of a crime or has
escaped from a detention facility, he:
(1) Harbors or conceals such person; or
(2) w.arns such person of impending discovery or apprehension; or
9A.76.090
(3) Provides such person with money, transportation,
disguise, or other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by use of force, deception,
or threat, anyone from performing an act that might aid
in the discovery or apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence
that might aid in the discovery or apprehension of such
person; or
(6) Provides such person with a weapon. [1975 1st
ex.s. c 260. § 9A.76.050.]
9A.76.060 Relative defined. As used in RCW 9A.76.070 and 9A.76.080, "relative" means a person:
(l) Who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, stepchild or step-parent to the person to whom criminal
assistance is rendered; and
(2) Who does not render criminal assistance to another person in one or more of the means defined in
subsections (4), (5), or (6) of RCW 9A.76.050. [1975 1st
ex.s. c 260 § 9A.76.060.]
9A.76.070 Rendering criminal assistance in the first
degree. (1) A person is guilty of rendering criminal assistance in the first degree if he renders criminal assistance to a person who has committed or is being sought
for murder in the first degree or any class A felony.
(2) Rendering criminal assistance in the first degree
JS:
(a) A gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative
as defined in RCW 9A.76.060;
(b) A class C felony in all other cases. [ 1975 1st ex.s.
c 260 § 9A.76.070.]
9A.76.080 Rendering criminal assistance in the second degree. (1) A person is guilty of rendering criminal
assistance in the second degree if he renders criminal
assistance to a person who has committed or is being
sought for a class B or class C felony.
(2) Rendering criminal assistance in the second degree is:
(a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as
defined in RCW 9A.76.060;
(b) A gross misdemeanor in all other cases. [ 1975 1st
ex.s. c 260 § 9A.76.080.]
9A.76.090 Rendering criminal assistance in the third
degree. (I) A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a person who has committed a gross
misdemeanor or misdemeanor.
(2) Rendering criminal assistance in the third degree
is a misdemeanor. [1975 1st ex.s. c 260 § 9A.76.090.]
(1975 RCW Supp--p 99)
9A.76.100
Title 9A:
Washington Criminal Code
9A.76.100 Compounding. (I) A person is guilty of
compounding if:·
(a) He requests, accepts, or agrees to accept any pecuniar; benefit pursuant to an agreement or understanding that he will refrain from initiating a
prosecution for a crime; or
(b) He confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement
or understanding that such other person will refrain
from initiating a prosecution for a crime.
(2) In any prosecution under this section, it is a defense if established by a preponderance of the evidence
that the pecuniary benefit did not exceed an amount
which the defendant reasonably believed to be due as
restitution or indemnification for harm caused by the
cnme.
(3) Compounding is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.76.l00.]
9A.76.110 Escape in the first degree. (I) A person is
guilty of escape in the first degree if, being detained
pursuant to a conviction of a felony, he escapes from
custody or a detention facility.
(2) Escape in the first degree is a class B felony. [ 1975
lst ex.s. c 260§9A.76.l10.]
9A.76.120 Escape in the second degree. (I) A person
is guilty of escape in the second degree if:
(a) He escapes from a detention facility; or
(b) Having been charged with a felony, he escapes
from custody.
(2) Escape in the second degree is a class C felony.
[1975 1st ex.s. c 260 § 9A.76.120.]
9A.76.130 Escape in the third degree. (l) A person is
guilty of escape in the third degree if he escapes from
custody.
(2) Escape in the third degree is a gross misdemeanor.
[1975 !st ex.s. c 260 § 9A.76.l30.]
9A.76.140 Introducing contraband in the first degree.
(I) A person is guilty of introducing contraband in the
first degree if he knowingly provides any deadly weapon to any person confined in a detention facility.
(2) Introducing contraband in the first degree is a
class B felony. [1975 1st ex.s. c 260 § 9A.76.140.]
9A.76.150 Introducing contraband in the second degree. (l) A person is guilty of introducing contraband in
the second degree if he knowingly and unlawfully provides contraband to any person confined in a detention
facility with the intent that such contraband be of assistance in an escape or in the commission of a crime.
(2) Introducing contraband in the second degree is a
class C felony. [1975 1st ex.s. c 260 § 9A.76.150.]
9A.76.160 Introducing contraband in the third degree. (I) A person is guilty of introducing contraband in
the third degree if he knowingly and unlawfully provides contraband to any person confined in a detention
facility.
(1975 RCW Supp--p 1001
(2) Introducing contraband in the third degree is a
misdemeanor. [1975 !st ex.s. c 260 § 9A.76.160.]
9A.76.170 Bail jumping. (I) Any person having been
released by court order or admitted to bail with the requirement of a subsequent personal appearance before
any court of this state, and who knowingly fails without
!awfu_l excuse to appear_ as required is guilty of bail
JUmpmg. Unless otherwise established, the failure to
appear when required shall be inferred to have been
without lawful excuse.
(2) Bail jumping is:
(a) A class A felony if the person was held for,
charged with, or convicted of murder in the first degree;
(b) A class B felony if the person was held for,
charged with, or convicted of a class A felony;
(c) A class C felony if the person was held for,
charged with, or convicted of a class B felony;
(d) A gross misdemeanor if the person was held for,
charged with, or convicted of a class C felony;
(e) A misdemeanor if the person was held for,
charged with, or convicted of a gross misdemeanor or
misdemeanor. [1975 !st ex.s. c 260 § 9A.76.170.]
9A.76.180 Intimidating a public servant. (1) A person
is guilty of intimidating a public servant if, by use of a
threat, he attempts to influence a public servant's vote,
opinion, decision, or other official action as a public
servant.
(2) For purposes of this section "public servant" shall
not include jurors.
(3) "Threat" as used in this section means
. (a) t? communicate, directly or indirectly, the intent
1mmed1ately to use force against any person who is
present at the time; or
(b) threats as defined in RCW 9A.04. l 10(25).
(4) Intimidating a public servant is a class B felony.
[1975 1st ex.s. c 260 § 9A.76.180.]
Chapter 9 A.80
ABUSE OF OFFICE
Sections
9A.80.0l0
Official misconduct.
. 9~.80.010 ~fficia~ misconduct. (I) A public servant
1s gmlty of official misconduct if, with intent to obtain a
be_n~fit or to deprive another person of a lawful right or
pnv1lege:
(a) He intentionally commits an authorized act under
color of law; or
(b) He intentionally refrains from performing a duty
imposed upon him by law.
(2) Official misconduct is a gross misdemeanor. [ 1975
1st ex.s. c 260 § 9A.80.010.]
Chapter 9 A.84
PUBLIC DISTURBANCE
Sections
9A.84.0l0
9A.84.020
9A.84.030
Riot.
Failure to disperse.
Disorderly conduct.
Public Indecency
9A.84.040
False reporting.
9A.84.010 Riot. (I) A person is guilty of the crime of
riot if, acting with three or more other persons, he
knowingly and unlawfully uses or threatens to use
force, or in any way participates in the use of such
force, against any other person or against property.
(2) The crime of riot is:
(a) A class C felony, if the actor is armed with a
deadly weapon;
(b) A gross misdemeanor in all other cases. [ 1975 I st
ex.s. c 260 § 9A.84.010.]
9A.84.020 Failure to disperse. (1) A person is guilty
of failure to disperse if:
(a) He congregates with a group of three or more
other persons and there are acts of conduct within that
group which create a substantial risk of causing injury
to any person, or substantial harm to property; and
(b) He refuses or fails to disperse when ordered to do
so by a peace officer or other public servant engaged in
enforcing or executing the law.
(2) Failure to disperse is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.020.]
9A.84.030 Disorderly conduct. (1) A person is guilty
of disorderly conduct if he:
(a) Uses abusive language and thereby intentionally
creates a risk of assault; or
(b) Intentionally disrupts any lawful assembly or
meeting of persons without lawful authority; or
(c) Intentionally obstructs vehicular or pedestrian
traffic without lawful authority.
(2) Disorderly conduct is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.030.]
9A.84.040 False reporting. (1) A person is guilty of
false reporting if with knowledge that the information
reported, conveyed or circulated is false, he initiates or
circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion,
crime, catastrophe, or emergency knowing that such
false report is likely to cause evacuation of a building,
place of assembly, or transportation facility, or to cause
public inconvenience or alarm.
(2) False reporting is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.040.]
Chapter 9A.88
PUBLIC INDECENCY-PROSTITUTIONSEX CRIMES
Sections
9A.88.0IO
9A.88.020
9A.88.030
9A.88.050
9A.88.060
9A.88.070
9A.88.080
9A.88.090
9A.88.IOO
Public indecency.
Communication with a minor for immoral purposes.
Prostitution.
Prostitution-Sex of parties immaterial-No
defense.
Promoting prostitution-Definitions.
Promoting prostitution in the first degree.
Promoting prostitution in the second degree.
Permitting prostitution.
Indecent liberties.
9A.88.060
9A.88.010 Public indecency. (I) A person is guilty of
public indecency if he makes any open and obscene ~x­
posure of his person or the person of another knowmg
that such conduct is likely to cause reasonable affront
or alarm.
(2) Public indecency is a misdemeanor unless such
person exposes himself to a person un~er the age _of
fourteen years in which case indecency 1s a gross misdemeanor. (1975 !st ex.s. c 260 § 9A.88.010.]
9A.88.020 Communication with a minor for immoral
purposes. Any person who communicates with a child
under the age of seventeen years of age for immoral
purposes shall be guilty of a gross mis~emeanor, unless
such person has previously been convicted of a felony
sexual offense or has previously been convicted under
this section or *RCW 9.79.130, in which case such person shall be guilty of a class C felony. [ 1975 1st ex.s. c
260 § 9A.88.020.]
*Reviser's note: "RCW 9.79.130" will be repealed by 1975 1st ex.s.
c 260 § 9A.92.0IO, effective July I, 1976; See RCW 9A.98.010(212).
9A.88.030 Prostitution. (I) A person is guilty of
prostitution if such person engages or agrees or offers to
engage in sexual conduct with another person in return
for a fee.
(2) Prostitution is a misdemeanor. [ 1975 I st ex.s. c
260 § 9A.88.030.]
9A.88.050 Prostitution--Sex of parties immaterial--No defense. In any prosecution for prostitution,
the sex of the two parties or prospective parties to the
sexual conduct engaged in, contemplated, or solicited is
immaterial, and it is no defense that:
( 1) Such persons were of the same sex; -or
(2) The person who received, agreed to receive, or
solicited a fee was a male and the person who paid or
agreed or offered to pay such fee was female. [1975 1st
ex.s. c 260 § 9A.88.050.]
9A.88.060 Promoting prostitution--Definitions.
The following definitions are applicable in RCW 9A.88.070 through 9A.88.090:
(I) "Advances prostitution." A person "advances
prostitution" if, acting other than as a prostitute or as a
customer thereof, he causes or aids a person to commit
or engage in prostitution, procures· or solicits customers
for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of
a house of prostitution or a prostitution enterprise, or
engages in any other conduct designed to institute, aid,
or facilitate an act or enterprise of prostitution.
(2) "Profits from prostitution." A person "profits
from prostitution" if, acting other than as a prostitute
receiving compensation for personally rendered prostitution services, he accepts or receives money or other
property pursuant to an agreement or understanding
with any person whereby he participates or is to participate in the proceeds of prostitution activity. [1975 1st
ex.s. c 260 § 9A.88.060.]
11975 RCW Supp--p 101)
9A.88.070
Title 9A:
Washington Criminal Code
9A.88.070 Promoting prostitution in the first degree.
(I) ..\ person is guilty of promoting prostitution in the
first degree if he knowingly:
(a) Advances prostitution by compelling a person by
threat or force to engage in prostitution or profits from
prostitution which results from such threat or force; or
(b) Advances or profits from prostitution of a person
less than eighteen years old.
(2) Promoting prostitution in the first degree is a class
B felony. [1975 !st ex.s. c 260 § 9A.88.070.]
9A.88.080 Promoting prostitution in the second degree. (I) A person is guilty of promoting prostitution in
the second degree if he knowingly:
(a) Profits from prostitution; or
(b) Advances prostitution.
(2) Promoting prostitution in the second degree is a
class C felony. [1975 !st ex.s. c 260 § 9A.88.080.]
9A.88.090 Permitting prostitution. (I) A person is
guilty of permitting prostitution if, having possession or
control of premises which he knows are being used for
prostitution purposes. he fails without lawful excuse to
make reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor. [ 1975
!st ex.s. c 260 § 9A.88.090.]
9A.88.100 Indecent liberties. (I) A person is guilty of
indecent liberties when he knowingly causes another
person who is not his spouse to have sexual contact
with him or another:
(a) By forcible compulsion; or
(b) When the other person is less than fourteen years
of age; or
(c) When the other person is incapable of consent by
reason of being mentally defective, mentally incapacitated, or physically helpless.
(2) For purposes of this section, "sexual contact"
means any touching of the sexual or other intimate
parts of a person done for the purpose of gratifying
sexual desire of either party.
(3) Indecent liberties is a class B felony. [1975 !st
ex.s. c 260 § 9 A.88.100.]
Chapter 9A.98
LAWS REPEALED
Sections
9A.98.0IO
9A.98.020
Acts or parts of acts repealed.
Savings clause.
9A.98.010 Acts or parts of acts repealed. The following acts or parts of acts are each hereby repealed:
(I) Section 51, chapter 249, Laws of 1909 and RCW
9.01.010;
(2) Section 11. page 78, Laws of 1854, section 11,
page 106, Laws of 1859, section 11, page 200, !--aws of
1869, section 11, page 200, Laws of 1873, section 781,
Code of 1881, section 1, chapter 249, Laws of 1909 and
RCW 9.01.020;
(3) Section 125. page 98, Laws of 1854, section 124,
page 129, Laws of 1859, section 134, page 229, !--aws of
1869, section 140, page 213, Laws of 1873, section 957,
(1975 RCW Supp--p 102]
Code of 1881, section 8, chapter 249. Laws of 1909 and
RCW 9.01.030;
(4) Section 2. chapter 249, Laws of 1909 and RCW
9.01.040;
(5) Section 2, chapter 249, Laws of 1909 and RCW
9.01.050;
(6) Section 127. page 98, Laws of 1854, section 136,
page 229, Laws of 1869, section 142 .. page 213, Laws of
1873, section 956, Code of 1881, sect10n 10, chapter 249,
Laws of 1909 and RCW 9.01.060;
(7) Section 30, page 185, Laws of 1873, section 1161,
Code of 1881, section 12, chapter 249, Laws of 1909
and RCW 9.01.070;
(8) Section 1, chapter 233, Laws of 1927 and RCW
9.01.080;
(9) Section 784, Code of 1881, section 17, chapter
249, Laws of 1909 and RCW 9.01.090;
( 10) Section 18, chapter 249, Laws of 1909 and RCW
9.01.100;
(11) Section 5, chapter 249, Laws of 1909 and RCW
9.01.111;
( 12) Section 4, chapter 249, Laws of 1909 and RCW
9.01.112;
(13) Section 3, chapter 249, Laws of 1909 and RCW
9.01.113;
(14) Section 6, chapter 249, Laws of 1909 and RCW
9.01.114;
(15) Section 2, chapter 76, Laws of 1967 and RCW
9.01.116;
(16) Section 1, Code of 1881, section 47, chapter 249,
Laws of 1909 and RCW 9.01.150;
(17) Section 46, chapter 249, Laws of 1909 and RCW
9.01.170;
(18) Section 48, chapter 249, Laws of 1909 and RCW
9.01.180;
(19) Section 49, chapter 249, Laws of 1909 and RCW
9.01.190;
(20) Section 376, chapter 249, Laws of 1909 and
RCW 9.08.040;
(21) Section 40, page 82, Laws of 1854, section 44,
page 189, Laws of 1873, section 823, Code of 1881, section 40, page 77, Laws of 1886, section 1, chapter 87,
Laws of 1895, section 320, chapter 249, Laws of 1909,
section 1, chapter 11, Laws of 1863 [1963] and RCW
9.09.010;
(22) Section 40, page 82, Laws of 1854, section 44,
page 189, Laws of 1873, section 823, Code of 1881, section 40, page 77, Laws of 1886, section 1, chapter 87,
Laws of 1895, section 321, chapter 249, Laws of 1909,
section 1, chapter 265, Laws of 1927, section 2, chapter
11, Laws of 1963, section 1, chapter 17, Laws of 1965
ex. sess. and RCW 9.09.020;
(23) Section 322, chapter 249, Laws of 1909 and
RCW 9.09.030;
(24) Section 323, chapter 249, Laws of 1909 and
RCW 9.09.040;
(25) Section 324, chapter 249, Laws of 1909 and
RCW 9.09.050;
(26) Section 6, chapter 87, Laws of 1895, section 325,
chapter 249, Laws of 1909 and RCW 9.09.060;
(27) Section 24, page 79, Laws of 1854, section 28,
page 80, Laws of 1854, sections 24 through 30, page
Laws Repealed
202, Laws of 1869, sections 29 through 34, page 185,
Laws of 1873, sections 801 through 809, Code of 1881,
section 161, chapter 249, Laws of 1909 and RCW
9.11.010;
(28) Section 24, page 79, Laws of 1854, section 28,
page 80, Laws of 1854, sections 24 through 30, page
202, Laws of 1869, sections 29 through 34, page 185,
Laws of 1873, sections 801 through 809, Code of 1881.
section 162, chapter 249, Laws of 1909 and RCW
9.11.020;
(29) Section 24, page 79, Laws of 1854, section 28,
page 80, Laws of 1854, sections 24 through 30, page
202, Laws of 1869, sections 29 through 34, page 185,
Laws of 1873, sections 801 through 809, Code of 1881,
section 163, chapter 249, Laws of 1909 and RCW
9.11.030;
(30) Section 164, chapter 249, Laws of 1909 and
RCW 9.11.040;
(31) Section 165, chapter 249, Laws of 1909 and
RCW 9.11.050;
(32) Section 122, page 226, Laws of 1869, section 128,
page 2 IO, Laws of 1873, section 945, Code of 1881, sections 6 and 7, chapter 149, Laws of 1895, section 201,
chapter 249, Laws of 1909 and RCW 9.15.010;
(33) Section 202, chapter 249, Laws of 1909 and
RCW 9.15.020;
. (34) Sections 74 and 75, page 89, Laws of 1854, section 75, page 119, Laws of 1859, section 80, page 216,
~aws of 1869, section 84, page 200, Laws of 1873, section 880, Code of 1881, section 68, chapter 249, Laws of
1909 and RCW 9.18.010;
(35) Section 74, page 89, Laws of 1854, section 74,
page 119, Laws of 1859, section 79, page 216, Laws of
1869, section 83, page 200, Laws of 1873, section 879,
Code of 1881, section 69, chapter 249, Laws of 1909
and RCW 9.18.020;
(36) Section 73, page 89, Laws of 1854-55, section 73,
page 118, Laws of 1859-60, section 78, page 216, Laws
of 1869, section 82, page 199, Laws of 1873, section 878,
Code of 1881, section 70, chapter 249, Laws of 1909
and RCW 9.18.030;
(37) Section 71, page 89, Laws of 1854, section 71,
page 118, Laws of 1859, section 77, page 216, Laws of
1869, section 81, page 199, Laws of 1873, section 877,
Code of 1881, section 71, chapter 249, Laws of 1909
and RCW 9.18.040;
(38) Section 72, chapter 249, Laws of 1909 and RCW
9.18.050;
(39) Section 84, page 200, Laws of 1873, section 880,
Code of 1881, section 73, chapter 249, Laws of 1909
and RCW 9.18.060;
(40) Section 74, chapter 249, Laws of 1909 and RCW
9.18.070;
(41) Section 79, page 90, Laws of 1854, section 885,
Code of 1881, section 79, chapter 249, Laws of 1909
and RCW 9.18.090;
(42) Section 75, page 89, Laws of 1854, section 880,
Code of 1881, section 80, chapter 249, Laws of 1909
and RCW 9.18.100;
(43) Section 81, chapter 249, Laws of 1909 arid RCW
9.18.110;
9A.98.010
(44) Section 44, page 83, Laws of 1854, section 48,
page 190, Laws of 1873, section 827, Code of 1881, section 1, page 14, Laws of 1888, section 326, chapter 249,
Laws of 1909 and RCW 9.19.010;
(45) Section 44, page 83, Laws of 1854, section 48,
page 190, Laws of 1873, section 827, Code of 1881, section 1, page 14, Laws of 1888, section 327, chapter 249,
Laws of 1909 and RCW 9.19.020;
(46) Section 49, page 190, Laws of 1873, section 828,
Code of 1881, section 328, chapter 249, Laws of 1909
and RCW 9.19.030;
(47) Section 329, chapter 249, Laws of 1909 and
RCW 9.19.040;
(48) Section 1, chapter 90, Laws of 1893, section 330,
chapter 249, Laws of 1909 and RCW 9.19.050;
(49) Section 130, chapter 249, Laws of 1909 and
RCW 9.22.010;
(50) Section 131, chapter 249, Laws of 1909 and
RCW 9.22.020;
(51) Section 132, chapter 249, Laws of 1909 and
RCW 9.22.030;
(52) Section 1, chapter 21 l, Laws of 1961 and RCW
9.22.040;
(53) Section 1, page 15, Laws of 1862, section 70,
page 196, Laws of 1873, sections 856 and 857, Code of
1881, section 339, chapter 249, Laws of 1909 and RCW
9.26.010;
(54) Section 340, chapter 249, Laws of 1909 and
RCW 9.26.020;
(55) Section 7, page 15, Laws of 1862, section 70,
page 196, Laws of 1873, section 857, Code of 1881 and
RCW 9.26.030;
(56) Section I, chapter 36, Laws of 1970 ex. sess. and
RCW 9.26A.Ol0;
(57) Section 2, chapter 36, Laws of 1970 ex. sess. and
RCW 9.26A.020;
(58) Section 3, chapter 36, Laws of I 970 ex. sess. and
RCW 9.26A.030;
(59) Section 4, chapter 36, Laws of I 970 ex. sess. and
RCW 9.26A.040;
(60) Section 5, chapter 36, Laws of 1970 ex. sess. and
RCW 9.26A.050;
(6 I) Section 6, chapter 36, Laws of 1970 ex. sess. and
RCW 9.26A.060;
(62) Section 7, chapter 36, Laws of I 970 ex. sess. and
RCW 9.26A.070;
(63) Section 8, chapter 36, Laws of 1970 ex. sess. and
RCW 9.26A.080;
(64) Section 295, chapter 249, Laws of 1909 and
RCW 9.27.010;
(65) Section 282, chapter 249, Laws of 1909 and
RCW 9.27.020;
(66) Section 309, chapter 249, Laws of I 909 and
RCW 9.27.030;
(67) Section 64, page 87, Laws of 1854, sections 73
and 74, page 197, Laws of 1873, sections 859 through
861, Code of 1881, section 296, chapter 249, Laws of
1909 and RCW 9.27.040;
(68) Section 65, page 87, Laws of 1854, sections 73
and 74, page 197, Laws of 1873, sections 859 through
861, Code of 1881, section 297, chapter 249, Laws of
1909 and RCW 9.27.050;
[1975 RCW Supp--p 103)
9A.98.010
Title 9A:
Washington Criminal Code
(69) Section 65, page 87, Laws of 1854, sections 73
and 74. page 197, Laws of 1873. sections 859 through
861. Code of 1881, section 298. chapter 249, Laws of
1909 and RCW 9.27.060;
(70) Sections 65 and 66. page 87, Laws of 1854, sections 73 and 74, page 197. Laws of 1873, sections 859
through 861, Code of 1881, section 299, chapter 249,
Laws of 1909 and RCW 9.27.070;
(71) Section 863, Code of 1881, section 300, chapter
249, Laws of 1909 and RCW 9.27.080;
(72) Section 30 l, chapter 249, Laws of 1909 and
RCW 9.27.090;
(73) Section 302, chapter 249, Laws of 1909 and
RCW 9.27.100;
{74) Section 22, page 79, Laws of 1854, section 22,
page 202, Laws of 1869, section 799, Code of 1881, section 167, chapter 249, Laws of 1909 and RCW 9.30.010;
(75) Section 23, page 79, Laws of 1854, section 23,
page 202, Laws of 1869, section 25, page 185, Laws of
1873, section 800, Code of 1881, section 168, chapter
249, Laws of 1909 and RCW 9.30.020;
(76) Section 169, chapter 249, Laws of 1909 and
RCW 9.30.030;
(77) Section 170, chapter 249, Laws of 1909 and
RCW 9.30.040;
(78) Section 171, chapter 249, Laws of 1909 and
RC:W 9.30.050;
(79) Section 1, chapter 320, Laws of 1955 and RCW
9.31.005;
(80) Section 90, chapter 249, Laws of 1909, section 2,
chapter 320, Laws of 1955 and RCW 9.31.010;
(81) Section 76, page 89, Laws of 1854, section 85,
page 200, Laws of 1873, section 881, Code of 1881, sections I and 2, chapter 46, Laws of 1905, section 91,
chapter 249, Laws of 1909 and RCW 9.31.020;
(82) Section 77, page 90, Laws of 1854, section 86,
page 20 I, Laws of 1873, section 882, Code of 1881, section 92, chapter 249, Laws of 1909 and RCW 9.31.030;
(83) Section 77, page 90, Laws of 1854, sections 86
and 87, page 201, Laws of 1873, section 882, Code of
1881, section 93, chapter 249, Laws of 1909 and RCW
9.31.040;
(84) Section 94, chapter 249, Laws of 1909 and RCW
9.31.050;
(85) Section 87, chapter 249, Laws of 1909 and RCW
9.31.060;
(86) Section 88, chapter 249, Laws of 1909 and RCW
9.31.070;
(87) Section 125, chapter 249, Laws of 1909 and
RCW 9.31.080;
(88) Section 1, chapter 182, Laws of 1951 and RCW
9.31.100;
(89) Section 822, Code of 1881, section 358, chapter
249, Laws of 1909 and RCW 9.33.010;
(90) Section 87, page 91, Laws of 1854, section 96,
page 203, Laws of 1873, section 894, Code of 1881, section 359, chapter 249, Laws of 1909 and RCW 9.33.020;
(91) Section 87, page 91, Laws of 1854, section 96,
page 203, Laws of 1873, section 894, Code of 1881, section 360, chapter 249, Laws of 1909 and RCW 9.33.040;
(92) Section 822, Code of 1881, section 361, chapter
249, Laws of 1909 and RCW 9.33.050;
(1975 RCW Supp---p HM)
(93) Section 362, chapter 249, Laws of 1909 and
RCW 9.33.060;
(94) Section 108, page 95, Laws of 1854, section 119,
page 208, Laws of 1873, section 923, Code of 1881 and
RCW 9.33.070;
(95) Section 363, chapter 249, Laws of 1909 and
RCW 9.34.010;
(96) Section 364, chapter 249, Laws of 1909 and
RCW 9.34.020;
(97) Section 365, chapter 249, Laws of 1909 and
RCW 9.37.010;
(98) Section 367, chapter 249, Laws of 1909 and
RCW 9.37.020;
(99) Section 421, chapter 249, Laws of 1909 and
RCW 9.37.030;
(100) Section 422, chapter 249, Laws of 1909 and
RCW 9.37.040;
(101) Section 1, chapter 46, Laws of 1911 and RCW
9.37.050;
(102) Section 1, chapter 78, Laws of 1937 and RCW
9.37.060;
(103) Section 370, chapter 249, Laws of 1909 and
RCW 9.38.030;
(104) Section 409, chapter 249, Laws of 1909 and
RCW 9.38.050;
(105) Section 267, chapter 249, Laws of 1909 and
RCW 9.40.010;
(106) Section 268, chapter 249, Laws of 1909 and
RCW 9.40.020;
(107) Section 269, chapter 249, Laws of 1909 and
RCW 9.40.030;
(108) Section 847, Code of 1881, section 9, page 127,
Laws of 1890 and RCW 9.40.050;
(109) Section 2, page 300, Laws of 1877, section 1225,
Code of 1881, section 13, chapter 69, Laws of 1891 and
RCW 9.40.060;
(110) Section 1, page 300, Laws of 1877, section 1224,
Code of 1881, section 14, chapter 69, Laws of 1891 and
RCW 9.40.070;
(111) Section 4, page 300, Laws of 1877, section 1227,
Code of 1881, section 15, chapter 69, Laws of 1891 and
RCW 9.40.080;
(112) Section 338, chapter 249, Laws of 1909 and
RCW 9.44.010;
(113) Section 57, page 85, Laws of 1854, section 63,
page 194, Laws of 1873, section 854, Code of 1881 section 331, chapter 249, Laws of 1909 and RCW 9.M.020;
(114) Section 332, chapter 249, Laws of 1909 and
RCW 9.44.030;
(115) Section 57, page 85, Laws of 1854, section 63,
page 194, Laws of 1873, section 854, Code of 1881 section 333, chapter 249, Laws of 1909 and RCW 9.M.040;
(116) Section 334, chapter 249, Laws of 1909 and
RCW 9.44.050;
(117) Section 57, page 85, Laws of 1854, section 63,
page 194, Laws of 1873, section 854, Code of 1881, section 335, chapter 249, Laws of 1909 and RCW 9.44.060;
(118) Section 336, chapter 249, Laws of 1909 and
RCW 9.44.070;
(119) Section 122, chapter 249, Laws of 1909 and
RCW 9.45.010;
Laws Repealed
(120) Section 219, chapter 249, Laws of 1909 and
RCW 9.45.030;
(121) Section 375, chapter 249, Laws of 1909 and
RCW 9.45.050;
(122) Section I, page 99, Laws of 1890 and RCW
9.45.200;
(123) Section 138, chapter 249, Laws of 1909, section
I, chapter 49, Laws of 1970 ex. sess. and RCW
9.48.010;
(124) Section 139, chapter 249, Laws of 1909 and
RCW 9.48.020;
(125) Section 12, page 78, Laws of 1854, section 12,
page 200, Laws of 1869, section 12, page 182, Laws of
1873, section 786, Code of 1881, section 1, chapter 69,
Laws of 1891, section 140, chapter 249, Laws of 1909
and RCW 9.48.030;
(126) Section 13, page 78, Laws of 1854, sections 13
and 14, page 200, Laws of 1869, section 13, page 182,
Laws of 1873, section 790, Code of 1881, section 141,
chapter 249, Laws of 1909 and RCW 9.48.040;
(127) Section 14, page 78, Laws of 1854, section 14,
page 201, Laws of 1869, section 16, page 183, Laws of
1873, section 791, Code of 1881, section 142, chapter
249, Laws of 1909 and RCW 9.48.050;
( 128) Section 16, page 78, Laws of 1854, section 16,
page 201, Laws of 1869, section 18, page 183, Laws of
1873, section 793, Code of 1881, section 2, chapter 69,
Laws of 1891, section 143, chapter 249, Laws of 1909,
section 2, chapter 49, Laws of 1970 ex. sess. and RCW
9.48.060;
(129) Sections 37 and 38, page 81, Laws of 1854, sections 37 and 38, page 209, Laws of 1863, sections 41
and 42, page 188, Laws of 1873, section 820, Code of
1881, section 144, chapter 249, Laws of 1909 and RCW
9.48.070;
(130) Sections 37 and 38, page 81, Laws of 1854, sections 37 and 38, page 209, Laws of 1863, sections 41
and 42, page 188, Laws of 1873, section 821, Code of
1881, section 145, chapter 249, Laws of 1909 and RCW
9.48.080;
(131) Section 146, chapter 249, Laws of 1909 and
RCW 9.48.090;
(132) Section 147, chapter 249, Laws of 1909 and
RCW 9.48.100;
(133) Section 18, page 78, Laws of 1854, section 18,
page 201, Laws of 1869, section 20, page 184, Laws of
1873, section 795, Code of 1881, section 148, chapter
249, Laws of 1909 and RCW 9.48.110;
(134) Section 19, page 78, Laws of 1854, section 19,
page 201, Laws of 1869, section 21, page 184, Laws of
1873, section 796, Code of 1881, section 149, chapter
249, Laws of 1909 and RCW 9.48.120;
(135) Section 124, page 97, Laws of 1854, section 130,
page 227, ~aws of 1869, section 136, page 211, Laws of
1873, section 995 [955], Code of 1881, section 150,
chapter 249, Laws of 1909 and RCW 9.48.130;
(136) Section 151, chapter 249, Laws of 1909 and
RCW 9.48.140;
(137) Section 152, chapter 249, Laws of 1909 and
RCW 9.48.150;
(138) Section 153, chapter 249, Laws of 1909 and
RCW 9.48.160;
9A.98.010
(139) Section 154, chapter 249, Laws of 1909 and
RCW 9.48.170;
(140) Section I, chapter 6, Laws of 1933 ex. sess. and
RCW 9.52.010;
(141) Section 3, chapter 6, Laws of 1933 ex. sess. and
RCW 9.52.020;
(142) Section 159, chapter 249, Laws of 1909 and
RCW 9.52.030;
(143) Section 36, page 84, Laws of 1854, section 38,
page 205, Laws of 1869, section 40, page 187, Laws of
1873, section 819, Code of 1881, section 160, chapter
249, Laws of 1909 and RCW 9.52.040;
(144) Section 45, page 83, Laws of 1854, section 50,
page 190, Laws of 1873, section 830, Code of 1881, section 349, chapter 249, Laws of 1909, section 3, chapter
165, Laws of 1915 and RCW 9.54.010;
(145) Section 1, chapter 155, Laws of 1915, section I,
chapter 64, Laws of 1919 and RCW 9.54.020;
(146) Section 1, chapter 60, Laws of 1917, section I,
chapter 124, Laws of 1974 ex. sess. and RCW 9.54.030;
(147) Section 2, chapter 60, Laws of 1917 and RCW
9.54.040;
(148) Section 1, chapter 156, Laws of 1915 and RCW
9.54.050;
(149) Section 350, chapter 249, Laws of 1909 and
RCW 9.54.060;
(150) Section 351, chapter 249, Laws of 1909 and
RCW 9.54.070;
(151) Section 352, chapter 249, Laws of 1909 and
RCW 9.54.080;
(152) Section 353, chapter 249, Laws of 1909, section
1, chapter 97, Laws of 1955 and RCW 9.54.090;
(153) Section 354, chapter 249, Laws of 1909 and
RCW 9.54.100;
(154) Section 355, chapter 249, Laws of 1909 and
RCW 9.54.110;
(155) Section 1, chapter 63, Laws of 1961 and RCW
9.54.115;
(156) Section 356, chapter 249, Laws of 1909 and
RCW 9.54.120;
(157) Section 1, chapter 32, Laws of 1965 and RCW
9.54.140;
(158) Section 85, chapter 249, Laws of 1909 and
RCW 9.55.010;
(159) Section 1, chapter 111, Laws of 1899, section 1,
chapter 112, Laws of 1903, section 404, chapter 249,
Laws of 1909, section 2, chapter 152, Laws of 1971 ex.
sess. and RCW 9.61.010;
(160) Section 1, chapter 64, Laws of 1893, section 1,
chapter 41, Laws of 1897, section 405, chapter 249,
Laws of 1909, section 3, chapter 152, Laws of 1971 ex.
sess. and RCW 9.61.020;
(161) Section 16, chapter 69, Laws of 1891, section
406, chapter 249, Laws of 1909, section 4, chapter 152,
Laws of 1971 ex. sess. and RCW 9.61.030;
(162) Section 1, page 30, Laws of 1862, section 1,
page 300, Laws of 1877, sections 842, 843, 847, 848,
1224, Code of 1881, section 5, page 126, Laws of 1890,
section 11, page 122, Laws of 1890, section 10, page
127, Laws of 1890, sections 4, 8, 11, 12, 13, 14, 16, 17,
chapter 69, Laws of 1891, section 1, chapter 83, Laws of
1897, section 407, chapter 249, Laws of 1909, section 5,
(1975 RCW Supp---p 1051
9A.98.010
Title 9A:
Washington Criminal Code
chapter 152. Laws of 197 l ex. sess., section l, chapter
28. Laws of 1975 and RCW 9.61.040;
(l 63) Section 408, chapter 249, Laws of 1909, section
6. chapter 152. Laws of 197 l ex. sess. and RCW
9.61.050;
(164) Section 414. chapter 249, Laws of 1909 and
RCW 9.61.060;
(165) Section 415. chapter 249, Laws of 1909, section
I, chapter 152, Laws of 197 l ex. sess. and RCW
9.61.070;
(166) Section 2. page 71, Laws of 1883, section 17,
chapter 69, Laws of 1891 and RCW 9.61.080;
(167) Section l, chapter 114, Laws of 1899, section 7,
chapter 152, Laws of 1971 ex. sess. and RCW 9.61.090;
(168) Section 2, chapter 114, Laws of 1899 and RCW
9.61.100;
(169) Section 3, chapter 114, Laws of 1899 and RCW
9.61. l IO;
(170) Section 1, chapter 133, Laws of 1963 and RCW
9.61.220;
(l 7 l) Section 26, page 79, Laws of 1854, section 26,
page 202, Laws of 1869, section 28, page 185, Laws of
1873, section I03, Code of 1881, section 155, chapter
249, Laws of 1909 and RCW 9.65.0IO;
(172) Section 156, chapter 249, Laws of 1909 and
RCW 9.65.020;
(l 73) Section 157. chapter 249, Laws of 1909 and
RCW 9.65.030;
(l 74) Section 303, chapter 249, Laws of 1909 and
RCW 9.69.010;
(175) Section 78, page 90, Laws of 1854, section 87,
page 201, Laws of 1873, section 883, Code of 1881, section 112, chapter 249, Laws of 1909 and RCW 9.69.020;
(l 76) Section 79, page 90, Laws of 1854, section 88,
page 20 l, Laws of 1873, section 886, Code of 1881, section 113, chapter 249, Laws of 1909 and RCW 9.69.030;
(l 77) Section 79, page 90, Laws of 1854, section 88,
page 201, Laws of 1873, section 885, Code of 1881, section 114, chapter 249, Laws of 1909 and RCW 9.69.040;
( 178) Section 116, chapter 249, Laws of 1909 and
RCW 9.69.050;
( 179) Section 420, chapter 249, Laws of 1909 and
RCW 9.69.060;
(l 80) Section I IO, chapter 249, Laws of 1909 and
RCW 9.69.070;
(181) Section I, chapter 17, Laws of 1901, section
l l l, chapter 249, Laws of 1909, section I, chapter 56,
Laws of 1969 ex. sess. and RCW 9.69.080;
(l 82) Section 115, chapter 249, Laws of 1909 and
RCW 9.69.090;
( 183) Section 69, page 88, Laws of 1854, section 69,
page 118. Laws of 1859, section 79, page 199, Laws of
1873, section 867, Code of 1881, section 99, chapter 249,
Laws of 1909, section I, chapter 46, Laws of 1957 and
RCW 9.72.010;
( 184) Section 870, Code of 1881, section l 00, chapter
249, Laws of 1909 and RCW 9.72.020;
(185) Section IOI, chapter 249, Laws of 1909 and
RCW 9.72.030;
(l 86) Section 868, Code of 1881, section 102, chapter
249, Laws of 1909 and RCW 9.72.040;
[1975 RCW Supp---p 106)
(l 87) Section 869, Code of 1881, section I03. chapter
249, Laws of 1909 and RCW 9.72.050;
( 188) Section 872, Code of 1881. section I04, chapter
249, Laws of 1909, section 2, chapter 46, Laws of 1957
and RCW 9.72.060;
(l 89) Section 873, Code of 1881, section I05, chapter
249, Laws of 1909 and RCW 9.72.070;
(l 90) Section 106, chapter 249, Laws of 1909 and
RCW 9.72.080;
(191) Section 81, page 199, Laws of 1873, section 876,
Code of 1881, section 108, chapter 249, Laws of 1909
and RCW 9.72.IOO;
(192) Section 71, page 89, Laws of 1854, section 77,
page 216, Laws of 1869, section 81, p~ge 199, Laws of
1873, section 877, Code of 1881, seclion 109, chapter
249, Laws of 1909 and RCW 9.72.110:
( 193) Sections 3 and 4, page 81, Laws of 1854, section
36, page 204, Laws of 1869, section 38, page 187, Laws
of 1873, section 829, Code of 1881, section 166, chapter
249, Laws of 1909 and RCW 9.75.010;
(194) Section 399, chapter 249, Laws of 1909 and
RCW 9.75.020;
(195) Section 6, page 126, Laws of 1890 and RCW
9.75.030;
( 196) Section 244, chapter 249, Laws of 1909 and
RCW 9.76.020;
( 197) Section 245, chapter 249, Laws of 1909 and
RCW 9.76.030;
(l 98) Section 246, chapter 249, Laws of 1909 and
RCW 9.76.040;
( 199) Section 865, Code of 1881, section 247, chapter
249, Laws of 1909 and RCW 9.76.050;
(200) Section I, chapter 229, Laws of 1959, section 1,
chapter 76, Laws of 1967 and RCW 9.78.010;
(20 l) Section 2, chapter 229, Laws of 1959 and RCW
9.78.020;
(202) Section 4, chapter 229, Laws of 1959 and RCW
9.78.040;
(203) Section 813, Code of 1881, section 186, chapter
249, Laws of 1909, section 125, chapter 154, Laws of
1973 lst ex. sess. and RCW 9.79.040;
(204) Section 815, Code of 1881, section 187, chapter
249, Laws of 1909, section 126, chapter 154, Laws of
1973 1st ex. sess. and RCW 9.79.050;
(205) Section 188, chapter 249, Laws of 1909, section
I, chapter 186, Laws of 1927, section 127, chapter 154,
Laws of 1973 1st ex. sess. and RCW 9.79.060;
(206) Section 816, Code of 1881, section I, chapter
33, Laws of 1905, section 189, chapter 249, Laws of
1909, section 128, chapter 154, Laws of 1973 I st ex.
sess. and RCW 9.79.070;
(207) Section 190, chapter 249, Laws of 1909, section
2, chapter 74, Laws of 1937, section l, chapter 127,
Laws of 1955, section 129, chapter 154, Laws of 1973
1st ex. sess. and RCW 9.79.080;
(208) Section 121, page 225, Laws of 1869, section
127, page 209, Laws of 1873, sections 1 and 2, chapter
149, Laws of 1895, section 203, chapter 249, Laws of
1909, section 1, chapter 111, Laws of 1943 and RCW
9.79.090;
10.01.150
General Provisions
(209) Section 2, chapter 139, Laws of 1893, section
204, chapter 249, Laws of 1909, section 3, chapter 74,
Laws of 1937 and RCW 9.79.100;
(210) Section 120, page 225, Laws of 1869, section
126, page 209, Laws of 1873, sections 943, 944, Code_ of
1881, sections 3, 4, chapter 149, Laws of 1895, section
205, chapter 249, 'Laws of 1909, section I, chapter 98,
Laws of 1917 and RCW 9.79.110;
(211) Section 117, page 95, Laws of 1854, section 120,
page 225, Laws of 1869, section 126, page 209, Laws of
1873, section 948, Code of 1881, section 206, chapter
249, Laws of 1909 and RCW 9.79.120;
(212) Section 2, chapter 65, Laws of 1961 and RCW
9.79.130;
(213) Section 133, chapter 249, Laws of 1909 and
RCW 9.80.010;
(214) Section 134, chapter 249, Laws of 1909 and
RCW 9.80.020;
(215) Section 17, page 78, Laws of 1854, section 17,
page 201, Laws of 1869, section 19, page 184, Laws of
1873, section 794, Code of 1881, section 135, chapter
249, Laws of 1909 and RCW 9.80.030;
(216) Section 136, chapter 249, Laws of 1909 and
RCW 9.80.040;
(217) Section 137, chapter 249, Laws of 1909 and
RCW 9.80.050;
(218) Section 412, chapter 249, Laws of 1909 and
RCW 9.83.010;
(219) Section I, chapter 128, Laws of 1913 and RCW
9.83.020;
(220) Section 2, chapter 128, Laws of 1913 and RCW
9.83.030;
(221) Section 3, chapter 128, Laws of 1913 and RCW
9.83.040;
(222) Section 4, chapter 128, Laws of 1913 and RCW
9.83.050;
(223) Section 1, page 124, Laws of 1890, section 413,
chapter 249, Laws of 1909, section 1, chapter 139, Laws
of 1913 and RCW 9.83.060;
(224) Section 64, page 212, Laws of 1869, section 67,
page 195, Laws of 1873 and RCW 9.83.070;
(225) Section 1, chapter 7, Laws of 1969 and RCW
9.83.080;
(226) Section 1, page 85, Laws of 1875, section 1271,
Code of 1881, section 436, chapter 249, Laws of 1909,
section I, chapter 11 [ 112], Laws of 1965, section 29,
chapter 122, Laws of 1972 ex. sess. and RCW 9.87.010;
(227) Section 1, chapter 62, Laws of 1915 and RCW
9.87.020;
(228) Section 3, page 90, Laws of 1875, section 1273,
Code of 1881 and RCW 9.87.030;
(229) Section 932, Code of 1881 and RCW 9.91.040;
(230) Section 382, chapter 249, Laws of 1909 and
RCW 9.91.070;
(231) Section 383, chapter 249, Laws of 1909 and
RCW 9.91.080;
(232) Section 4 [6], chapter 241, Laws of 1955 and
RCW 9.94.060;
(233) Section 3, chapter 28, Laws of 1891 and RCW
10.01.010; and
(234) Section 10, page 77, Laws of 1854, section 779,
Code 1881, section 2, chapter 28, Laws of 1891, section
1, chapter 12, Laws of 1937 and RCW 10.01.020. [1975
1st ex.s. c 260 § 9A.92.0IO.]
9A.98.020 Savings clause. The laws repealed by
RCW 9A.98.0IO are repealed except with respect to
rights and duties which matured, penalties which were
incurred, and proceedings which were begun before
July I, 1976. [1975 !st ex.s. c 260 § 9A.92.020.]
Title 10
CRIMINAL PROCEDURE
Chapters
10.01 General provisions.
10.05 Deferred prosecution--Courts of limited
jurisdiction.
10.19 Bail and appearance bonds.
Chapter 10.01
GENERAL PROVISIONS
Sections
10.01.010
10.01.020
10.01.112
10.01.113
10.01.150
Repealed. (Effective July l, 1976.)
Repealed. (Effective July l, 1976.)
Recodified as RCW 4.88.330.
Indigent party-State to pay costs and fees incident to
review by supreme court or court of appeals.
Charges arising from official acts of state officers or employees-Defense by attorney general.
10.01.010 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
10.01.020 Repealed. (Effective July 1, 1976.) See
Supplementary Table of Disposition of Former RCW
Sections, this volume.
10.01.112 Recodified as RCW 4.88.330. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
10.01.113 Indigent party--State to pay costs and
fees incident to review by supreme court or court of appeals. See RCW 4.88.330.
10.01.150 Charges arising from official acts of state
officers or employees-Defense by attorney general.
Whenever a state officer or employee is charged with a
criminal offense arising out of the performance of an
official act which was fully in conformity with established written rules, policies, and guidelines of the state
or state agency, the employing agency may request the
attorney general to defend the officer or employee. If
the agency finds, and the attorney general concurs, that
the officer's or employee's conduct was fully in accordance with established written rules, policies, and guidelines of the state or a state agency and the act
performed was within the scope of employment, then
the request shall be granted and the costs of defense
(1975 RCW Supp--p 107(
10.01.150
Title 10:
Criminal Procedure
shall be paid by the requesting agency: Provided, howei a. If the agency head is the person charged. then approval must be obtained from both the attorney general
and the state auditor. If the court finds that the officer
or employee was performing an official ac~, or .was
within the scope of employment, and that his actions
were in conformity with the established rules, regulations. policies, and guidelines of the state and the state
agency. the cost of any moneta~y fine assessed shall be
paid from the tort claims revolvmg fund. [ 1975 I st ex.s.
c 144 § I.]
Chapter 10.05
DEFERRED PROSECUTION-COURTS
OF LIMITED JURISDICTION
Sections
10.05.010
10.05.020
10.05.030
10.05.040
10.05.050
10.05.060
10.05.070
10.05.080
10.05.090
10.05.100
10°.05.110
10.05.120
10.05.130
Eligibility-Time for petition.
Requirements of petition.
Arraignment continued-Referral to treatment
facility.
..
Investigation and examination by treatment fac1hty.
Report to court by treatment facility-Recommended
treatment plan.
Docket and abstract procedure upon approval of treatment plan.
Defendant arraigned when treatment rejected.
Evidence, uses and admissibility.
Procedure upon breach of treatment plan.
Conviction of similar offense.
Trial delay not grounds for dismissal.
Dismissal of charges after two years-Records
removed.
Services provided for indigent defendants.
10.05.010 Eligibility--Time for petition. Upon arraignment in a court of limited jurisdictio!l a person
charged with a misdemeanor or. gross misdemeanor
may petition the court to be considered for a deferred
prosecution program. [1975 1st ex.s. c 244 § I.]
10.05.020 Requirements of petition. The petition
shall allege that the wrongful conduct charged is the result of or caused by alcohol problems, drug problems,
or mental problems for which the person is in need of
treatment and unless treated the probability of future
reoccurrence is great, along with a statem~nt that the
person agrees to pay the cost of a diagnosis of the alleged problem or problems if ~nancially a_ble to do so.
The petition shall also contam a case history of the
person supporting the allegations. [ 1975 1st ex.s. c 244 §
2.]
10.05.030 Arraignment continued--Referra.1 to
treatment facility. The arraigning judge upon consideration of the petition and with the concur:ence of the
prosecuting attorney may continue .the. arrai~n~ent and
refer such person for a diagnos~ic mvestigation ~!1-d
evaluation to an approved alcoholism tre~tment fa~i~ity
as designated in chapter 70.96A RCW, if the petition
alleges an alcohol problem, an approved drug. treatme~t
center as designated in chapter 71.24 RCW, if the petition alleges a drug problem, or to an approved mental
health center, if the petition alleges a mental problem.
[1975 !st ex.s. c 244 § 3.]
[1975 RCW Supp----p 1081
Drug treatment centers: Chapter 69.54 RCW.
10.05.040 Investigation and examination by treatment facility. The facility or center to which such person is referred shall conduct an investigation and
examination to determine:
(1) Whether the person suffers from the problem
alleged;
(2) Whether the problem is such that if not treated
there is a probability that similar misconduct will occur
in the future:
(3) Whether extensive and long term treatment is required; and
(4) Whether effective treatment for the person's problem is available. [1975 1st ex.s. c 244 § 4.]
10.05.050 Report to court by treatment facility-Recommended treatment plan. The facility or center
shall make a written report to the court stating its findings and recommendations after the investi~ation ~nd
examination required by RCW 10.05.040. I~ its findmgs
and recommendations support treatment, it shall also
recommend a treatment plan setting out:
(1) The type;
(2) Nature;
(3) Length;
(4) A treatment time schedule; and
(5) Approximate cost of the treatment.
The report with the treatment plan shall be filed with
the court and a copy given to the defendant and defendant's counsel. [1975 1st ex.s. c 244 § 5.]
10.05.060 Docket and abstract procedure upon approval of treatment plan. If the report recommends
treatment, the court shall examine the treatment plan. If
it approves the plan and the defendant agrees to comply with its terms and conditions and agrees to pay the
cost thereof or arrange for the treatment, an entry shall
be made upon the person's court docket showing that
the person has been accepted for deferred prosecution.
A copy of the treatment plan shall be attached to the
docket, which shall then be removed from the regular
court dockets and filed in a special court deferred prosecution file. If the charge be one that an abstract is required to be sent to the department of motor vehicles,
an abstract of the docket showing the charge and the
date of defendant's acceptance for deferred prosecution
shall be sent to the department of motor vehicles, which
shall make an entry of the charge and of the defendant's acceptance for deferred prosecution on the department's driving record of the defendant. [ 1975 I st
ex.s. c 244 § 6.]
10.05.070 Defendant arraigned when treatment rejected. When treatment is either not recommended or
not approved by the judge, or the defendant declines to
accept the treatment plan, the defendant shall be arraigned on the charge. [1975 1st ex.s. c 244 § 7.]
10.05.080 Evidence, uses and admissibility. Evidence
pertaining to or resulting from the petition and/or investigation is inadmissible in any trial on the charges,
11.08.160
Escheats
but shall be available for use after a conviction m determining a sentence. [1975 lst ex.s. c 244 § 8.]
10.05.090 Procedure upon breach of treatment plan.
If a defendant, who has been accepted for deferred
prosecution, fails or neglects to carry out and fulfill any
term or condition of the defendant's treatment plan, the
facility. center, institution, or agency administering the
treatment shall immediately report such breach to the
court. The court upon receiving such a report shall hold
a hearing to determine whether the defendant should be
removed from the deferred prosecution program. At the
hearing. evidence shall be taken of the defendant's alleged failure to comply with the treatment plan and the
d~fendant shall have the right to present evidence on
his or her own behalf. The court shall either order that
the defendant continue on the treatment plan or be removed from deferred prosecution. If removed from deferred ·prosecution, the defendant's docket shall be
returned to the regular court files and the defendant
shall be arraigned on the original charge. [ 1975 I st ex.s.
c 244 § 9.]
10.05.100 Conviction of similar offense. If a defendan t is convicted in any court of an offense similar and
committed subsequent to the one for which the defendant is in a deferred prosecution program, the court in
which the defendant is under deferred prosecution shall
upon notice of conviction in another court remove the
defendant's docket from the deferred prosecution file
and require the defendant to enter a plea to the original
charge. [1975 1st ex.s. c 244 § 10.]
Trial delay not grounds for dismissal. Delay in bringing a case to trial caused by a defendant requesting deferred prosecution as provided for in this
chapter shall not be grounds for dismissal. [1975 lst
ex.s. c 244 § l l.]
10.05.110
10.19.130 Failure to appear before court after release
on personal recognizance-Penalty. Any person, having been released on personal recognizance with the requirement of a subsequent personal appearance before
any court of this state, who wilfully fails to appear
when so required by the court shall be guilty of a crime.
Unless otherwise shown, failure to appear when required shall be presumed to be wilful. The penalty for
wilful failure to appear shall be a fine of not more than
ten thousand dollars or imprisonment for not more than
five years, or both. The penalty imposed under this section shall not exceed the maximum penalty for the
original crime charged or, if there has been no charge,
the offense for which the person was arrested. [ 1975 I st
ex.s. c 2 § l.]
Title 11
PROBATE LAW AND PROCEDURE1965 ACT
Chapters
11.08 Escheats.
11.76 Settlement of estates.
11.88 Guardianship--Appointment, qualification, removal of guardians and limited guardians.
11.92 Guardianship--Powers and duties of guardian
and limited guardian.
11.94 Power of attorney.
Chapter 11.08
ESCHEATS
Sections
11.08.160
11.08.170
11.08.180
11.08.200
11.08.210
10.05.120 Dismissal of charges after two years-Records removed. Two years from the date of the
court's approval of deferred prosecution for an individual defendant, those dockets that remain in the special
court deferred prosecution file relating to such defendant shall be dismissed and the records removed. [1975
1st ex.s. c 244 § 12.]
10.05.130 Services provided for indigent defendants.
Funds shall be appropriated from the fines and forfeitures of the court to provide investigation, examination,
report and treatment.plan for any indigent person who
is unable to pay the cost of any program of treatment.
[1975 lst ex.s. c 244 § 13.]
Chapter 10.19
BAIL AND APPEARANCE BONDS
11.08.230
11.08.240
11.08.260
11.08.160 Jurisdiction, duties, of department of revenue. The department of revenue of this state shall have
supervision. of. and jurisdiction over escheat property
and may mstltute and prosecute any proceedings
deemed necessary or proper in the handling of such
property, and it shall be the duty of the department of
revenue to protect and conserve escheat property for
the benefit of the permanent common school fund of
the state until such property or the proceeds thereof
have been forwarded to the state treasurer or the state
land commissioner as hereinafter provided. [1975 1st
ex.s. c 278 §I; 1965 c 145 § ll.08.160. Prior: 1955 c 254
§ 4.]
Sections
10.19.130
11.08.220
Jurisdiction, duties, of department of revenue.
Probate of escheat property--Notice to department of
revenue.
Department of revenue to be furnished copies of documents and pleadings.
Liability for use of escheated property.
Allowance of claims, etc.--Sale of property--Decree of distribution.
Certified copies of decree--Duties of commissioner of
public lands.
Appearance and claim of heirs-Notices to department of revenue.
Limitation on filing claim.
Payment of escheated funds to claimant.
Failure to appear before court after release on personal
recogmzance-Penalty.
Severability--t97s 1st ex.s._ c 278: "If any provision of this 1975
amendatory act, or its apphcat1on to any person or circumstance is
(1975 RCW Supp--p 1091
11.08.160
Title 11:
Probate Law and Procedure---1%5 Act
hdd tn\ a lid. the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [I 975 I st ex.s.
c278§215.)
Construction-1975 1st ex.s. c 278: "The legislature hereby reaffirms its singular intent under this amendatory act to change the designation of the state tax commission to the department of revenue or
the board of tax appeals, as the case may be, and to make explicit its
intent that no rights. duties, obligations or benefits, of whatsoever
kind, are to be construed as changed as a result of the enactment
hereof." [1975 1st ex.s. c 278 § 217.J
11.08.170 Probate of escheat property--Notice to
department of revenue. Escheat property may be probated under the provisions of the probate laws of this
state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the
petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks. Thereafter,
the department of revenue shall be served with written
notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on
any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the
presentation of any claims to the court for allowance.
Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such
notice shall be void: Provided, That the department of
revenue may waive the provisions of this section in its
discretion. [ 1975 I st ex.s. c 278 § 2; 1965 c 145 § 11.08.170. Prior: 1955 c 254 § 5.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
11.08.180 Department of revenue to be furnished
copies of documents and pleadings. The department of
revenue may demand copies of any papers, documents
or pleadings involving the escheat property or the probate thereof deemed by it to be necessary for the enforcement of RCW 11.08.140 through 11.08.280 and it
shall be the duty of the administrator or his attorney to
furnish such copies to the department. [1975 1st ex.s. c
278 § 3; 1965 c 145 § 11.08.180. Prior: 1955 c 254 § 6.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
11.08.200 Liability for use of escheated property. If
any person shall take possession of escheat property
without proper authorization to do so, and shall have
the use thereof for a period exceeding sixty days, he
shall be liable to the state for the reasonable value of
such use, payment of which may be enforced by the
department of revenue or by the administrator of the
estate. [1975 1st ex.s. c 278 § 4: 1965 c 145 § 11.08.200.
Prior: 1955 c 254 § 8.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
11.08.210 Allowance of claims, etc.--Sale of property--Decree of distribution. If at the expiration of
four months from the date of the first publication of
notice to creditors no heirs have appeared and established their claim to the estate, the court may enter an
(1975 RCW Supp--p 110)
interim order allowing claims, expenses and partial fees.
If at the expiration of sixteen months from thtj date of
issuance of letters testamentary or of administration no
heirs have appeared and established their claim to the
estate, all personal property not in the form of cash
shall be sold under order of the court. Personal property found by the court to be worthless shall be ordered
abandoned. Real property shall not be sold for the satisfaction of liens thereon, or for the payment of the
debts of decedent or expenses of administration until
the proceeds of the personal property are first exhausted. The court shall then enter a decree allowing any
additional fees and charges deemed proper and distributing the balance of the cash on hand, together with
any real property, to the state. Remittance of cash on
hand shall be made to the department of revenue which
shall make proper records thereof and forthwith forward such funds to the state treasurer for deposit in the
permanent common school fund of the state. [1975 1st
ex.s. c 278 § 5; 1965 c 145 § 11.08.210. Prior: 1955 c 254
§ 9.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
11.08.220 Certified copies of decree--Duties of
commissioner of public lands. The department of revenue shall be furnished two certified copies of the decree
of the court distributing any real property to the state,
one of which shall be forwarded to the state land commissioner who shall thereupon assume supervision of
and jurisdiction over such real property and thereafter
handle it the same as state common school lands. The
administrator shall also file a certified copy of the decree with the auditor of any county in which the escheated real property is situated. [ 1975 1st ex.s. c 278 §
6; 1965 c 145 § 11.08.220. Prior: 1957 c 125 § I; 1955 c
254 § IO.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Management of acquired lands by state land commissioner: RCW
79.01.612.
11.08.230 Appearance and claim of heirs--Notices
to department of revenue. Upon the appearance of heirs
and the establishment of their claim to the satisfaction
of the court prior to entry of the decree of distribution
to the estate, the provisions of RCW 11.08.140 through
11.08.280 sha_ll not further apply, except for purposes of
appeal: Provided, That the department of revenue shall
be pro~ptly given writ~en notice of such appearance by
the claimants ~nd furnished copies of all papers or documents on ~h1ch su~h claim of heirship is based. Any
documents. m a foreign language shall be accompanied
by t_ranslal!ons made by a properly qualified translator,
certified by him to be true and correct translations of
the original documents. The administrator or his attorney shall also furnish the department of revenue with
any other available information bearing on the validity
of the claim. [1975 1st ex.s. c 278 § 7; 1965 c 145 § 11.08.230. Prior: 1955 c 254 § 11.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Guardian--Appointment--Qualification--Removal
11.08.240 Limitation on filing claim. Any claimant to
escheated funds or real property shall have seven years
from the date of issuance of letters testamentary or of
administration within which to file his claim. Such
claim shall be filed with the court having original jurisdiction of the estate, and a copy thereof served upon
the department 'of revenue, together with twenty days
notice of the hearing thereon. [ 1975 I st ex.s. c 278 § 8;
1965 c 145 § 11.08.240. Prior: 1955 c 254 § 12.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
11.08.260 Payment of escheated funds to claimant. In
the event the order of the court requires the payment of
escheated funds or the proceeds of the sale of escheated
real property, a certified copy of such order shall be
served upon the department of revenue which shall
thereupon take any steps necessary to effect payment to
the claimant out of the general fund of the state. [ 1975
1st ex.s. c 278 § 9: 1965 c 145 § 11.08.260. Prior: 1955 c
254 § 14.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 11.76
SETTLEMENT OF ESTATES
Sections
11.76.220
11.76.240
11.76.245
Sale of unclaimed estate--Remittance of proceeds to
department of revenue.
Claimant to proceeds of sale.
Procedure when claim made after time limitation.
11.76.220 Sale of unclaimed estate-Remittance of
proceeds to department of revenue. If the estate remains
in the hands of the agent unclaimed for three years, any
property not in the form of cash shall be sold under order of the court, and all funds, after deducting a reasonable sum for expenses and services of the agent, to
be· fixed by the court, shall be paid into the county
treasury. The county treasurer shall issue triplicate receipts therefor, one of which shall be filed with the
county auditor, one with the court, and one with the
department of revenue. If the funds remain in the
county treasury unclaimed for a period of four years
and ninety days, the county treasurer shall forthwith
remit them to the department of revenue for deposit in
the state treasury in the fund in which escheats and
forfeitures are by law required to be deposited. [ 1975
1st ex.s. c 278 § 10; 1965 c 145 § 11.76.220. Prior: 1955
ex.s. c 7 § 4; 1917 c 156 § 167; RRS § 1537.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Escheats: Chapter 11.08 RCW.
11.76.240 Claimant to proceeds of sale. During the
time the estate is held by the agent, or within four years
after it is delivered to the county treasury, claim may be
made thereto only by the absentee person or his legal
representative, excepting that if it clearly appears that
such person died prior to the decedent in whose estate
distribution was made to him, but leaving lineal descendants surviving, such lineal descendants may claim.
11.88.005
If any claim to the estate is made duri~g the period
specified above, the claimant shall forthwith n<?tify the
department of revenue in writing of such claim. The
court, being first satisfied as to the right of such person
to the estate, and after the filing of a clearance from the
department of revenue, shall order the agent, or the
county treasurer, as the case may be, to forthwith deliver the estate, or the proceeds thereof, if sold, to such
person. [1975 1st ex.s. c 278 § 11; 1965 c 145 § 11.76.240. Prior: 1955 ex.s. c 7 § 6; 1917 c 156 § 169; RRS §
1539.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
11.76.245 Procedure when claim made after time
limitation. After any time limitation prescribed in RCW
11. 76.220, 11. 76.240 or 11. 76.243, the absentee claimant
may, at any time, if the assets of the estate have not
been claimed under the provisions of RCW 11.76.240
and 11.76.243, notify the department of revenue of his
claim to the estate, and file in the court which had jurisdiction of the original probate a petition claiming the
assets of the estate. The department of revenue may
appear in answer to such petition. Upon proof being
made to the probate court that the claimant is entitled
to the estate assets, the court shall render its judgment
to that effect and the assets shall be paid to the claimant without interest, upon appropriation made by the
legislature. [1975 1st ex.s. c 278 § 12; 1965 c 145 § 11.76.245. Prior: 1955 ex.s. c 7 § 8.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 11.88
GUARDIANSHIP--APPOINTMENT,
QUALIFICATION, REMOVAL OF GUARDIANS
AND LIMITED GUARDIANS
Sections
11.88.005
11.88.010
11.88.020
11.88.030
11.88.035
11.88.040
11.88.045
11.88.090
11.88.100
11.88.105
11.88.107
11.88.110
11.88.115
11.88.120
11.88.125
11.88.130
11.88.140
11.88.150
Legislative intent and purpose.
Authority to appoint--Definitions.
Qualifications.
Petition--Contents--Hearing.
Petition--Investigation and report.
Notice and hearing, when required-ServiceProcedure.
Legal counsel and jury trial--Proof--Medical
report.
Guardian ad !item.
Oath and bond of guardian or limited guardian.
Reduction in amount of bond.
When bond may be dispensed with.
Law on executors' and administrators' bonds applicable.
Notice to department of revenue.
Procedure on removal or death of guardian or limited
guardian--Delivery of estate to successor.
Stand-by guardian or limited guardian.
Transfer of jurisdiction and venue.
Termination of guardianship or limited guardianship.
Administration of deceased incompetent's or disabled
person's estate.
11.88.005 Legislative intent and purpose. It is the intent and purpose of the legislature to recognize that
mentally retarded, developmentally disabled, and other
allegedly mentally incompetent persons have special
(1975 RCW Supp---p 111)
11.88.005
Title 11:
Probate Law and Procedure--1%5 Act
and unique abilities and competencies with varying degrees of disability.
Such persons must be legally protected without the
necessity for determination of total incompetency and
without the attendant deprivation of civil and legal
rights that such a determination requires. [1975 1st ex.s.
c 95 § !.]
11.88.010 Authority to appoint--Definitions. ( 1)
The superior court of each county shall have power to
appoint guardians for the persons and estates, or either
thereof, of incompetent persons resident of the county,
and guardians for the estates of all such persons who
are nonresidents of the state but who have property in
such county needing care and attention.
An "incompetent" is any person who is either
(a) Under the age of majority, as defined in RCW
11.92.010, or
(b) Incompetent by reason of insanity, mental illness,
mental retardation, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, of either managing his property or caring for himself or
both.
(2) The superior court for each county shall have
power to appoint limited guardians for the persons and
estates, or either thereof, of disabled persons, who by
reason of their disability have need for protection and
assistance, but who cannot be found to be fully incompetent, upon investigation by the court or any agency
jointly designated by the mental health board and
mental retardation board (or county social service administrative board where applicable) of the county
where such person resides. After considering all evidence presented as a result of such investigation, the
court shall impose, by order, only such specific limitations and disabilities on a disabled person to be placed
under a limited guardianship as the court finds necessary for such person's protection and assistance. A person shall not be presumed to be incompetent nor shall a
person lose any legal rights or suffer any legal disabilities as the result of being placed under a limited guardianship, except as to those rights and disabilities
specifically set forth in the court order establishing such
a limited guardianship. In addition, the court order
shall state the period of time for which it shall be
applicable.
For the purposes of chapters 11.88 and 11.92 RCW
the term "disabled person" includes, but is not limited
to, an individual who is mentally retarded, mentally ill,
developmentally disabled, or is gravely disabled. [ 1975
1st ex.s. c 95 § 2: 1965 c 145 § 11.88.010. Prior: 1917 c
156 § 195; RRS § 1565; prior: Code 1881 § 1604; 1873
p 314 § 299; 1855 p 15 § I.]
11.88.020 Qualifications. Any suitable person over
the age of eighteen years, or any parent under the age
of eighteen years may, if not otherwise disqualified, be
appointed guardian or limited guardian of the person
and/or the estate of an incompetent or disabled person;
any trust company regularly organized under the laws
of this state and national banks when authorized so to
do may act as guardian or limited guardian of the estate
11975 RCW Supp-------p 112)
of an incompetent or disabled person; and any nonprofit corporation may act as guardian or limited
guardian of the person and/or estate of an incompetent
or disabled person if the articles of incorporation or
bylaws of such corporation permit such action and such
corporation is in compliance with all applicable provisions of Title 24 RCW. No person is qualified to serve
as a domiciliary guardian who is
(1) under eighteen years of age except as otherwise
provided herein;
(2) of unsound mind;
(3) convicted of a felony or of a misdemeanor involving moral turpitude;
(4) a nonresident of this state who has not appointed
a resident agent to accept service of process in all actions or proceedings with respect to the estate and
caused such appointment to be filed with the court;
(5) a corporation not authorized to act as a fiduciary,
guardian, or limited guardian in the state;
(6) a person whom the court finds unsuitable. [1975
1st ex.s. c 95 § 3; 1971 c 28 § 4; 1965 c 145 § 11.88.020.
Prior: 1917 c 156 § 196; RRS § 1566.]
Banks and trust companies may act as guardian: RCW 11.36.010.
11.88.030 Petition--Contents--Hearing. Any
interested person or entity may file a petition for the
appointment of himself or some other qualified person,
trust company, national bank, or nonprofit corporation
authorized in RCW 11.88.020 as now or hereafter
amended as the guardian or limited guardian of an incompetent or disabled person. A petition for guardianship or limited guardianship shall state:
( 1) The name, age, residence and post office address
of the incompetent or disabled person;
(2) The nature of his alleged incompetency m accordance with RCW 11.88.010;
(3) The approximate value and description of his
property, including any compensation, pension, insurance or allowance to which he may be entitled;
(4) Whether there is, in any state, a guardian or limited guardian for the person or estate of the alleged incompetent or disabled person;
(5) The residence and post office address of the person whom petitioner asks to be appointed guardian or
limited guardian;
(6) The names and addresses, so far as known or can
be reasonably ascertained, of the persons most closely
related by blood or marriage to the alleged incompetent
or disabled person;
(~) The name and address of the person or institution
havmg the care and custody of the alleged incompetent
or disabled person;
. (~)The .rea~on why the appointment of a guardian or
l~m1ted. guardian is sought and the interest of the petitioner. m the appointment, and whether the appointment is sought as guardian or limited guardian of the
person, the estate, or both;
(9) The nature and degree of the alleged disability
and the specific areas of protection and assistance requested and the limitation of rights requested to be included in the court's order of appointment;
Guardian--Appointment--Qualification--Removal
(I 0) The requested term of the limited guar?ianship
to be included in the court's order of appointment:
Provided, That no filing fee shall be cha~ged .by the
court for filing either a petition for guardianship o~ a
petition for limited guardianship unless the alleged !?competent or disabled person has an estate valued m
excess of fifteen h'undred dollars.
All petitions filed under the provisions of this section
shall be heard within thirty days. [ 1975 1st ex.s. c 95 §
4; 1965 c 145 § 11.88.030. Prior: 1927 c 170 § l; 1917 c
156 § 197; RRS § 1567; prior: 1909 c I 18 § I; 1903 c
130 § I.]
11.88.035 Petition--Investigation and report. Every petttton for guardianship or limited guardianship,
the grounds for which allege incompetency or disability
as a result of mental illness or mental retardation, shall
be referred by the court to an agency to be designated
and paid for by the local mental health board and the
local inental retardation board (or county social service
administrative board where applicable) for an impartial
investigation and report relating to the degree of incompetency or disability, the appropriateness of the petitioned for guardian or limited guardian, and the limits
to be placed upon the disabled person should a limited
guardianship be ordered. The investigation and report
shall be made and forwarded to the court, with copies
to the alleged incompetent or disabled person and the
petitioner, within twenty days after reference to the
agency by the court. [ 1975 1st ex.s. c 95 § 8.]
11.88.040 Notice and hearing, when required-Service--Procedure. Before appointing a guardian or
a limited guardian, notice of a hearing, to be held not
less than ten days after service thereof, shall be given
personally to the alleged incompetent or disabled person, if over fourteen years of age.
Before appointing a guardian or a limited guardian,
notice of a hearing, to be held not less than ten days
after service thereof, shall be given by registered or certified mail requesting a return receipt signed by the addressee only, or by personal service in the manner
provided for services of summons, to the following:
(I) The alleged incompetent, disabled person, or minor, if under fourteen years of age;
(2) A parent, if the alleged incompetent or disabled
person is a minor, and the spouse of the alleged incompetent or disabled person if any;
(3) Any other person who has been appointed as
guardian or limited guardian, or the person with whom
the alleged incompetent or disabled person resides. No
notice need be given to those persons named in subsections (2) and (3) of this section if they have signed the
petition for the appointment of the guardian or limited
guardian or have waived notice of the hearing. If the
petition is by a parent asking for his appointment as
guardian or limited guardian of a minor child under the
age of fourteen years, or if the petition be accompanied
by the written consent of a minor of the age of fourteen
years or upward, consenting to the appointment of the
11.88.090
guardian or limited guardian a~ked for, or i_f the p~ti­
tion be by a nonresident guardian of any mmor or incompetent or disabled person, then the court may
appoint the guardian without notice of the hearing. The
court for good cause may reduce the number of days of
notice, but in every case, at least three days notice shall
be given.
In all guardianship and limited guardianship hearings
the alleged incompetent or disabled person shall be
present in court at the final hearing on the petition. If
the petition for guardianship or limited guardianship
states that the alleged incompetent or disabled person is
physically unable to be present, the guardian ad !item
may request the court to waive the requirement of the
presence of the alleged incompetent at the hearing or
the court may remove itself to the place of residence of
the alleged incompetent or disabled person and conduct
the final hearing in the presence of the alleged incompetent or disabled person. [1975 1st ex.s. c 95 § 5; 1969
c 70 § I; 1965 c 145 § 11.88.040. Prior: 1927 c I 70 § 2;
1923 c 142 § 4; 1917 c 156 § 198; RRS § 1568; pnor:
1909 c 118 § 2; 1903 c 130 §§ 2, 3.]
Waiver of notice: RCW ll.16.083.
11.88.045 Legal counsel and jury trial--Proof-Medical report. An alleged incompetent or disabled
person is entitled to independent legal counsel at his
own expense to represent him in the procedure: Provided, That if the alleged incompetent or disabled person is unable to pay for such representation or should
such payment result in substantial hardship upon such
person the county shall be responsible for such costs.
The alleged incompetent or disabled person is further
entitled upon request to a jury trial on the issues of his
alleged incompetency or disability, with the standard of
proof to be applied being that of clear, cogent, and
convincing evidence.
In all proceedings for appointment of a guardian or
limited guardian, the court must be presented with a
sworn medical report pertaining to the alleged incompetent or disabled persons' degree of incompetency or
disability: Provided, That the court may waive the filing
of a sworn medical report. [1975 1st ex.s. c 95 § 7.]
11.88.090 Guardian ad !item. Nothing contained in
RCW 11.88.080 through 11.88. 120, 11.92.010 through
11.92.040, 11.92.060 through 11.92.120, I 1.92.170, and
I 1.92.180, as now or hereafter amended, shall affect or
impair the power of any court to appoint a guardian to
defend the interests of any incompetent person interested in any suit or matter pending therein, or to commence and prosecute any suit in his behalf.
Upon receipt of a petition for appointment of guardian or limited guardian, the court shall appoint a
guardian ad !item, who may be a person recommended
by either the local mental health board or mental retardation board (or county social service administrative
board where applicable), to represent the interests of
the alleged incompetent or disabled person in response
to any petition for guardianship or limited guardianship. The appointment of a guardian ad !item shall have
[1975 RCW Supp--p 113!
11.88.090
Title 11:
Probate Law and Procedure--1965 Act
no effect on the legal competency of the alleged incompetent or disabled person and such appointment shall
not O\ ercome the presumption of competency or full
legal and civil rights of the alleged incompetent or disabled person.
The court appointed guardian ad !item shall have the
authority. in the event that the alleged incompetent or
disabled person is in need of emergency and life-saving
medical services. and is unable to consent to such medical services due to incapacity pending the hearing on
the petition to give consent for such emergency and
life-saving medical services on behalf of the alleged incompetent or disabled person. [1975 \st ex.s. c 95 § 9;
1965 c 145 § 11.88.090. Prior: 1917 c 156 § 211; RRS §
1581; prior: Code 1881 § 1619; 1873 p 318 § 314; 1860
p 228 § 336.]
Rules of court:
Discipline of attorneys: DRA 4.1.
Settlement of claims of minors: SPR 98.16W.
Adoption from minor parent, guardian ad /item appointed for: RCW
26.32.070.
A ward in lieu of homestead, appointment for minor children or incompetents: RCW 11.52.014.
Commercial waterway district improvement proceedings: RCW
91.04.350.
Costs against guardian of infant plaintiff: RCW 4.84.140.
Eminent domain proceedings by cities, guardian ad /item appointed
for infants or mentally ill: RCW 8.12.180.
Execution against for costs against infant plaintiff: RCW 4.84.140.
Family allowances in probate of property, appointment of guardian
ad litem for minor children or incompetents of deceased: Chapter
11.52 RCW.
Homestead, awarding to survivor, guardian ad litem appointed for
minor children or incompetents of deceased: RCW 11.52.020.
Insane persons
appearance in civil action: RCW 4.08.060.
appointment for civil actions: RCW 4.08.060.
Justice of the peace, guardian ad litem if defendant minor, appointment of: RCW 12.04.150.
Liability for costs against infant plaintiffs: RCW 4.84.140.
Minors, for
appearance in civil actions: RCW 4.08.050.
appointment for civil actions: 4.08.050 RCW.
justice court proceedings: RCW 12.04.150.
Registration ofland titles, appointment for minors: RCW 65.12.145.
11.88.100 Oath and bond of guardian or limited
guardian. Before letters of guardianship are issued, each
guardian or limited guardian shall take and subscribe
an oath and, unless dispensed with by order of the
court as provided in RCW l l.88.105, file a bond, with
sureties to be approved by the court, payable to the
state. in such sum as the court may fix, taking into account the character of the assets on hand or anticipated
and the income to be received and disbursements to be
made. and such bond shall be conditioned substantially
as follows:
The condition of this obligation is such, that if the
above bound A.B., who has been appointed guardian or
limited guardian for C.D., shall faithfully discharge the
office and trust of such guardian or limited guardian
according to law and shall render a fair and just account of his guardianship or limited guardianship to the
superior court of the county of __________ , from time
to time as he shall thereto be required by such court,
(1975 RCW Supp--p 114(
and comply with all orders of the court. lawfullv made.
relative to the goods, chattels, moneys, care, management, and education of such incompetent or disabled
person, or his or her property, and render and pay to
such incompetent or disabled person all moneys, goods,
chattels, title papers. and effects which may come into
the hands or possession of such guardian or limited
guardian, at such time and in such manner as the court
may order or adjudge, then this obligation shall be void,
otherwise to be and remain in full force and effect.
The bond shall be for the use of the incompetent or
disabled person, and shall not become void upon the
first recovery, but may be put in suit from time to time
against all or any one of the obligors, in the name and
for the use and benefit of any person entitled by the
breach thereof, until the whole penalty is recovered
thereon. The court may require an additional bond
whenever for any reason it appears to the court that an
additional bond should be given.
In all guardianships or limited guardianships of the
person, and in all guardianship or limited guardianships
of the estate, in which the inventory filed with the court
shows that the incompetent or disabled person has total
accumulated assets of a value of less than fifteen hundred dollars, the court may dispense with the requirement of a bond: Provided, That the guardian or limited
guardian shall swear to report to the court any changes
in the accumulated assets of the incompetent or disabled person increasing their value to over fifteen hundred dollars: Provided further, That said guardian or
limited guardian shall file a yearly statement showing
the monthly income of the incompetent or disabled
person if said monthly income is over the sum of two
hundred fifty dollars per month for any three consecutive months. [1975 lst ex.s. c 95 § IO; 1965 c 145 § 11.88.100. Prior: 1961 c 155 § l; 1951 c 242 § I; 1947 c
145 § l; 1945 c 41 § l; 1917 c 156 § 203; Rem. Supp.
1947 § 1573; prior: 1905 c 17 § l; Code 1881 § 1612;
1860 p 226 § 329.]
Citation of surety on bond: RCW 11.92.056.
Suretyship: Chapter 19. 72 RCW.
11.88.105 Reduction in amount of bond. In cases
where all or a portion of the estate consisting of cash or
securities or both, has been placed in possession of savings and loan ~ssociations or banks, trust companies,
escrow corporations, or other corporations approved by
the court and a receipt is filed by the guardian or limite.d guardian in court therefor. stating that such corporations hold the same subject to order of court then in
such case the court may in its discretion dispense with
the giving of a bond or reduce the same by the amount
of such deposits of cash or securities, and may order
that no further reports by said guardian or limited
guardian be required until such time as the guardian or
limited guardian desires to withdraw such funds or
change the investment thereof. [ 1975 lst ex.s. c 95 § 11;
1965 c 145 § ll.88.105.]
Guardian--Appointment--Qualification--Removal
11.88.107 When bond may be dispensed with. In all
cases where a bank or trust company, authorized to act
as guardian or limited guardian, is appointed as guardian or limited guardian, or acts as guardian or limited
guardian under an appointment as such heretofore
made, no bond shall be required. [ 1975 1st ex.s. c 95 §
12; 1965 c 145 § 11.88.107.]
11.88.110 Law on executors' and administrators'
bonds applicable. All the provisions of this title relative
to bonds given by executors and administrators shall
apply to bonds given by guardians or limited guardians.
[1975 1st ex.s. c 95 § 13; 1965 c 145 § 11.88.110. Prior:
1917 c 156 § 204; RRS § 1574; prior: Code 1881 §
1617; 1860 p 228 § 334.]
Bond of personal representative: RCW JJ.28.180.
11.~8.115 N?tice to department of revenue. Duty of
guardian to notify department of revenue; personal liability f9r taxes upon failure to give notice: See RCW
82.32.240.
11.88.120 Procedure on removal or death of guardian
or limited guardian--Delivery of estate to successor.
The court in all cases shall have power to remove
guardians or limited guardians for good and sufficient
re~sons, whi~h sh~ll be entered of record, and to appoint others in their place or in the place of those who
may die, who shall give bond and security for the faithful discharge of their duties as prescribed in RCW 11.88.100 as now or hereafter amended; and when any
guardian or limited guardian shall be removed or die,
and a successor be appointed, the court shall have
power to compel such guardian or limited guardian removed to deliver up to such successor all goods, chattels, moneys, title papers, or other effects belonging to
such incompetent or disabled person, which may be in
the possession of such guardian or limited guardian so
removed, or of the personal representatives of a deceased guardian, or in the possession of any other person or persons, or in the possession of a stand-by
guardian or limited guardian and upon failure, to commit the party offending to prison, until he complies with
the order of the court. [1975 1st ex.s. c 95 § 14; 1965 c
145 § 11.88.120. Prior: 1917 c 156 § 209; RRS § 1579;
prior: Code 1881 § 1616; 1860 p 227 § 333; 1855 p 17 §
11.]
11.88.125 Stand-by guardian or limited guardian.
The person appointed by the court as either guardian or
limited guardian of the person and/or estate of an incompetent or disabled person, shall file in writing with
the cc:iurt, a designated stand-by limited guardian or
guardian to serve as limited guardian or guardian at the
death_ of the court-appointed guardian or limited
guardian. Such stand-by guardian or limited guardian
shall have all ~he powers, _duties, and obligations of the
reg~l~rly appoint~d _guardian or limited guardian and in
addition shall, within a period of thirty days from the
death. of the r~gularly appointed guardian or limited
guardian, ~le w!th the .superior court in which the original guardianship or hm1ted guardianship was filed, a
11.88.140
petition for appointment of a substitute guardian or
limited guardian. Upon the court's appointment of a
new, substitute guardian or limited guardian, the standby guardian shall make an accounting and report to be
approved by the court, and upon approval of the court,
the stand-by guardian or limited guardian shall be released from all duties and obligations arising from or
out of the guardianship or limited guardianship. [ 1975
1st ex.s. c 95 § 6.]
11.88.130 Transfer of jurisdiction and venue. The
court of any county having jurisdiction of any guardianship or limited guardianship proceeding is authorized to transfer jurisdiction and venue of the
guardianship or limited guardianship proceeding to the
court of any other county of the state upon application
of the guardian or limited guardian and such notice to
an alleged incompetent or disabled person or other interested party as the court may require. Such transfers
of guardianship or limited guardianship proceedings
shall be made to the court of a county wherein either
the guardian or limited guardian or alleged incompetent
or disabled person resides, as the court may deem appropriate, at the time of making application for such
transfer. The original order providing for any such
transfer shall be retained as a permanent record by the
clerk of the court in which such order is entered, and a
certified copy thereof together with the original file in
such guardianship or limited guardianship proceeding
and a certified transcript of all record entries up to and
including the order for such change shall be transmitted
to the clerk of the court to which such proceeding is
transferred. [1975 1st ex.s. c 95 § 15; 1965 c 145 § 11.88.130. Prior: 1955 c 45 § I.]
11.88.140 Termination of guardianship or limited
guardianship. (1) Termination without court order. A
guardianship or limited guardianship is terminated
(a) Upon the attainment of full and legal age, as defined in RCW 11.92.010 as now or hereafter amended
of any person defined as an incompetent or disabled
person pursuant to RCW 11.88.010 as now or hereafter
amended solely by reason of youth, RCW 26.28.020 to
the contrary notwithstanding.
(b) By an adjudication of competency.
(c) By the death of the incompetent or disabled
person .
. (~) Termin~tion. on court order. A guardianship or
hm1ted guardianship may be terminated by court order
after such notice as the court may require
(a) If the guardianship or limited guardianship is of
the estate and the estate is exhausted;
(b) If the guardianship or limited guardianship is no
longer neces~ary for any other reason.
. (~) Effect ~f te~mination. When a guardianship or
hmited guar~iansh1p terminates otherwise than by the
death of the incompetent or disabled person, the powers
of the guardian or limited guardian cease, except that a
guardian or limited guardian of the estate may make
disbursements f~r ~l~i.ms that are or may be allowed by
the court, for hab1httes already properly incurred for
the estate or for the incompetent or disabled person,
(1975 RCW Supp--p 1151
11.88.140
Title 11:
Probate Law and Procedure-1965 Act
and for expenses of administration. When a guardianship or limited guardianship terminates b~ death _of_the
incompetent or disabled person. the guardian or limited
guardian of the estate may proceed under RCW l l.88.150 as now or hereafter amended. but the rights of all
creditors against the incompetent's or disabled person's
estate shall be determined by the law of decedents' estates. [1975 !st ex.s. c 95 § 16; 1965 c 145 § l l.88.140.]
Procedure on removal or death of guardian or limited guardian:
RCW 11.88.120.
Setclement of estate upon termination other than by death intestate:
RCW 11.92.053.
11.88.150 Administration of deceased incompetent's
or disabled person's estate. Upon the death of an incompetent or disabled person intestate the guardian or
limited guardian of his estate has power under the letters issued to him and subject to the direction of the
court to administer the estate as the estate of the deceased incompetent or disabled person without furt~er
letters unless within forty days after death of the incompetent or disabled person a petition is filed for letters of administration or for letters testamentary and
the petition is granted. If the guardian or_ limited
guardian elects to administer the estate_ under his lette~s
of guardianship or limited guardianship, he sha_ll pe~i­
tion the court for an order transfernng the guardianship
or limited guardianship proceeding to a probate proceeding, and upon court approval, the clerk of th~ court
shall re-index the cause as a decedents estate, usmg the
same file number which is assigned to the guardianship
or limited guardianship proceeding. ~he guardia~ or
limited guardian shall then be authonzed to co_ntmue
administration of the estate without the necessity for
any further petition or hearing. Notice to creditor~ and
other persons interested in the estate shall be pubh~hed
and may be combined with the notice ?f the_ guardian's
or limited guardian's final acc~unt. !his notice shall be
published in the manner provided m RCW l_l.40.010,
once each week for three successive weeks, with proof
by affidavit of the publi~ation ~f such notice to be _fil~d
with the court. All claims which are not filed w1thm
four months after first publication shall be barred
against the estate. Upon the hearing, the account may
be allowed and the balance distributed to the persons
entitled thereto, after the payment of such claims as
may be allowed. Liability _on the ~uardian's or limited
guardian's bond shall contmue until exonerated on settlement of his account, and may apply to the complete
administration of the estate of the deceased incompetent or disabled person with the consent of the surety. If
letters of administration or letters testamentary are
granted upon petition filed wit~in forty days after the
death of the incompetent or disabled person, t~e personal representative shall supersede the guardian or
limited guardian in the administration of the estate and
the estate shall be administered as a decedent's estate as
provided in this title, in~luding the publication of notice
to creditors and other interested persons and the barring of creditors claims. [1975 1st ex.s. c 95 § 17; 1965 c
145 § 11.88.150.]
1
(1975 RCW Supp--p 116)
Settlement of estate upon termination other than by death intestate:
RCW 11.92.053.
Chapter 11.92
GUARDIANSHIP-POWERS AND DUTIES OF
GUARDIAN AND LIMITED GUARDIAN
Sections
l l.92.010
11.92.035
11.92.040
11.92.050
11.92.056
11.92.060
11.92.090
11.92.100
11.92.110
11.92.115
11.92.120
11.92.130
11.92.150
11.92.160
11.92.170
11.92.180
11.92.185
Guardians or limited guardians under court controlLegal age.
Claims.
Duties of guardian and limited ?uardian in general.
Intermediate accounts--Heanng-Order.
Citation of surety on bond.
.
Guardian to represent incompetent-Comp~om1se of
claims--Service of process on behalf of disabled
persons.
Sale, exchange, lease, or mortgage of property.
Pe ti tion--Con ten ts.
Law governing sales of real estate.
Return and confirmation of sale.
Confirmation conclusive.
Performance of contracts.
Request for special notice of proceedings.
Ci ta ti on for failure to file account or report.
Removal of property of nonresident incompetent or disabled person.
.
. .
Compensation and expenses of guardian or hm1ted
guardian-Attorney's fee.
Concealed or embezzled property--Proceedings for
discovery.
11.92.010 Guardians or limited guardians under court
control--Legal age. Guardians or limited guardians
herein provided for shall at all times be under the general direction and control of the court making the appointment. For the purposes of chapters l 1.88 and
l l.92 RCW, all persons shall be of full and legal age
when they shall be eighteen years old. [ 1975 l st ex.s. c
95 § 18; 1971 c 28 § 5; 1965 c 145 § l l.92.010. Prior:
1923 c 72 § l; 1917 c 156 § 202; RRS § 1572. Formerly
RCW l l.92.010 and l l.92.020.]
Age of majority: RCW 26.28.010.
Married female of full age: RCW 26.28.020.
Termination of guardianship or limited guardianship upon attainment
oflegal age: RCW 11.88.140.
Transfer ofjurisdiction and venue: RCW 11.88.130.
11.92.035 Claims. (1) Duty of guardian to pay. A
guardian of the estate is under a duty to pay from the
estate all just claims against the estate of his incompetent, whether they constitute liabilities of the incompetent which arose prior to the guardianship or liabilities
properly incurred by the guardian for the benefit of the
incompetent or his estate and whether arising in contract or in tort or otherwise, upon allowance of the
claim by the court or upon approval of the court in a
settlement of the guardian's accounts. The duty of the
guardian to pay from the estate shall not preclude his
personal liability for his own contracts and acts made
and performed on behalf of the estate as it exists according to the common law. If it appears that the estate
is likely to be exhausted before all existing claims are
paid, preference shall be given to prior claims for the
care, maintenance and education of the incompetent
and of his dependents and existing claims for expenses
of administration over other claims.
Guardianship---Powers And Duties of Guardian
(2) Claims may be presented. Any person havin~ a
claim against the estate of an incompetent, or ag~mst
the guardian of his estate as s~ch,. may file a _wntten
claim with the court for determmatlon at any time before it is barred by the statute of limitations, and, upon
proof thereof, pro·cure an order for its allowance and
payment from the estate. Any action against th~ guardian of the estate as such shall be deemed a claim duly
filed.
(3) Duty of limited guardian to pay. Claims against a
limited guardianship estate shall be paid by the limited
guardian only to the extent specified in the order appointing the limited guardian. [ 1975 1st ex.s. c 95 § 19;
1965 c 145 § 11.92.035.]
Actions against guardian: RCW I 1.92.060.
Claims against estate of deceased incompetent or disabled person:
RCW 11.88.150.
Disbursement for claims on termination of guardianship or limited
guardianship: RCW 11.88. 140.
11.92.040 Duties of guardian and limited guardian in
general. It shall be the duty of the guardian and limited
guardian
(l) To make out and file within three months after his
appointment a verified inventory of all the property of
the incompetent or disabled person which shall come to
his possession or knowledge, including a statement of
all encumbrances, liens, and other secured charges on
any item.
(2) To file annually, within thirty days after the anniversary date of his appointment, and also within thirty
days after termination of his appointment, a written
verified account of his administration: Provided, That
the court in its discretion may allow such reports at intervals of up to thirty-six. months, with instruction to
the guardian or limited guardian that any substantial
increase in income or assets or substantial change in the
incompetent's or disabled person's condition shall be
reported within thirty days of such substantial increase
or change.
(3) If he is a guardian or limited guardian of the person, to care for and maintain the incompetent, and if
the incompetent or disabled person is a minor, to see
that the incompetent or disabled person is properly
trained and educated and that the incompetent or disabled person has the opportunity to learn a trade, occupation or profession. The guardian or limited
guardian of the person may be required to report the
condition of his incompetent or disabled person to the
court, at regular intervals or otherwise as the court may
direct.
(4) If he is a guardian or limited guardian of the estate, to protect and preserve it, to apply it as provided
in this chapter, to account for it faithfully, to perform
all of the duties required of him by law, and at the termination of the guardianship or limited guardianship,
to deliver the assets of the incompetent or disabled person to the persons entitled thereto. Except as provided
to the contrary herein, the court may authorize a
guardian or limited guardian to do anything that a
trustee can do under the provisions of RCW 30.99.070
11.92.050
for periods not exceeding one year from the date of the
order.
(5) To invest and reinvest the property of the incompetent or disabled person in accordance with the rules
applicable to investment of trust estates by trustees as
provided in chapter 30.24 RCW, except that:
(a) No investments shall be made without prior order
of the court in any property other than uncondition_al
interest bearing obligations of this state or of the Umted States and in obligations the interest and principal of
which are ·unconditionally guaranteed by the United
States, and in share accounts or deposits which are insured by an agency of the United States government.
Such prior order of the court may authorize specific investments, or, in the discretion of the court, may authorize the guardian or limited guardian during a period
of not exceeding one year following the date of the order to invest and reinvest as provided in chapter 30.24
RCW without further order of the court.
(b) If it is for the best interests of the incompetent or
disabled person that a specific property be used by the
incompetent or disabled person rather than sold and
the proceeds invested, the court may so order.
(6) To apply to the court for an order authorizing any
disbursement on behalf of the incompetent or disabled
person; provided, however, that the guardian or limited
guardian of the estate, or the person, department, bureau, agency or charitable organization having the care
and custody of an incompetent or disabled person, may
apply to the court for an order directing the guardian or
limited guardian of the estate to pay to the person, department, bureau, agency or charitable organization
having the care and custody of an incompetent or disabled person, or if the guardian or limited guardian of
the estate has the care and custody of the incompetent
or disabled person, directing the guardian or limited
guardian of the estate to apply an amount weekly,
monthly, quarterly, semi-annually, or annually, as the
court may direct, to be expended in the care, maintenance and education of the incompetent or disabled
person and of his dependents. In proper cases, the court
may order payment of amounts directly to the incompetent or disabled person for his maintenance or incidental expenses. The amounts authorized under this
section may be decreased or increased from time to
time by direction of the court. If payments are made to
another under such order of the court, the guardian or
limited guardian of the estate is not bound to see to the
application thereof. [1975 1st ex.s. c 95 § 20; 1965 c 145
§ 11.92.040. Prior: 1957 c 64 § l; 1955 c 205 § 15; 1941
c 83 § I; 1917 c 156 § 205; Rem. Supp. 1941 § 1575;
prior: 1895 c 42 § l; Code 1881 § 1614.]
Compulsory school attendance law, duty to comply with: RCW
28A.27.0JO.
Disabled person, defined: RCW I 1.88.010.
Part time schools duty of guardian to cover attendance: RCW
28A.28. I 00.
11.92.050 Intermediate accounts--Hearing-Order. Upon the filing of any intermediate guardianship
or limited guardianship account required by statute, or
of any intermediate account required by court rule or
(1975 RCW Supp--p 117)
11.92.050
Title 11:
Probate Law and Procedure--1965 Act
order. the guardian or limited guardian may petition the
court for an order settling his account with regard to
any and all receipts. expenditures and investments
made and acts done by the guardian or limited guardian to the date of said interim report. Upon such petition being filed. the court may in its discretion. where
the size or condition of the estate warrants it, set a date
for the hearing of such petition and require the service
of the petition and a notice of such hearing as provided
in RCW 11.88.040 as now or hereafter amended; ana,
in the event such a hearing be ordered, the court shall
also appoint a guardian ad !item, whose duty it shall be
to investigate the report of the guardian or limited
guardian of the estate and to advise the court thereon at
said hearing. in writing. At such hearing on said report
of the guardian or limited guardian, if the court be satisfied that the actions of the guardian or limited guardian have been proper. and that the guardian or limited
guardian has in all respects discharged his trust with
relation to such receipts, expenditures, investments, and
acts. then, in such event, the court shall enter an order
approving such account. and such order shall be final
and binding upon the incompetent or disabled person,
subject only to the right of appeal as upon a final order;
provided that at the time of final account of said
guardian or limited guardian or within one year after
said incompetent or disabled person attains his majority
any such interim account may be challenged by said
incompetent or disabled person on the ground of fraud.
[1975 1st ex.s. c 95 § 21; 1965 c 145 § 11.92.050. Prior:
1943 c 29 § 1; Rem. Supp. 1943 § 1575-1.]
11.92.056 Citation of surety on bond. If, at any
hearing upon a petition to settle the account of any
guardian or limited guardian, it shall appear to the
court that said guardian or limited guardian has not
fully accounted or that said account should not be settled, the court may continue said hearing to a day certain and may cite the surety or sureties upon the bond
of said guardian or limited guardian to appear upon the
date fixed in said citation and show cause why the account should not be disapproved and judgment entered
for any deficiency against said guardian or limited
guardian and the surety or sureties upon his or her
bond. Said citation shall be personally served upon said
surety or sureties in the manner provided by law for the
service of summons in civil actions and shall be served
not less than twenty days previous to said hearing. At
said hearing any interested party, including the surety
so cited. shall have the right to introduce any evidence
which shall be material to the matter before the court.
If, at said hearing, the final account of said guardian or
limited guardian shall not be approved and the court
shall find that said guardian or limited guardian is indebted to the incompetent or disabled person in any
amount. said court may thereupon enter final judgment
against said guardian or limited guardian and the surety
or sureties upon his or her bond, which judgment shall
be enforceable in the same manner and to the same extent as judgments in ordinary civil actions. [ 1975 1st
ex.s. c 95 § 22: 1965 c 145 § 11.92.056.]
(1975 RCW Supp-----;> 1181
11.92.060 Guardian to represent incompetent-Compromise of claims--Senice of process on behalf of
disabled persons. ( 1) Guardian may sue and be sued.
When there is a guardian of the estate. all actions between the incompetent or the guardian and third persons in which it is sought to charge or benefit the estate
of the incompetent shall be prosecuted by or against the
guardian of the estate as such. He shall represent the
interests of the incompetent in the action and all process shall be served on him.
(2) Joinder, amendment and substitution. When the
guardian of the estate is under personal liability for his
own contracts and acts made and performed on behalf
of the estate he may be sued both as guardian and in
his personal capacity in the same action. Misnomer or
the bringing of the action by or against the incompetent
shall not be grounds for dismissal of the action and
leave to amend or substitute shall be freely granted. If
an action was commenced by or against the incompetent before the appointment of a guardian of his estate,
such guardian when appointed may be substituted as a
party for the incompetent. If the appointment of the
guardian of the estate is terminated, his successor may
be substituted; if the incompetent dies, his personal
representative may be substituted; if the incompetent
becomes competent, he may be substituted.
(3) Garnishment, attachment and execution. When
there is a guardian of the estate, the property and rights
of action of the incompetent shall not be subject to
garnishment or attachment, except for the foreclosure
of a mortgage or other lien, and execution shall not issue to obtain satisfaction of any judgment against the
incompetent or the guardian of his estate as such.
(4) Compromise by guardian. Whenever it is proposed to compromise or settle any claim by or against
the incompetent or the guardian as such, whether arising as a result of personal injury or otherwise, and
whether arising before or after appointment of a guardian, the court on petition of the guardian of the estate,
if satisfied that such compromise or settlement will be
for the best interests of the incompetent, may enter an
order authorizing the settlement or compromise be
made.
(5) Limited g~ardian. Limited guardians may serve
and be served with process or actions on behalf of the
disabled person, but only to the extent provided for in
the court order appointing a limited guardian. [ 1975 1st
ex.s. c 95 § 23; 1965 c 145 § 11.92.060. Prior: 1917 c 156
§ 206; RRS § 1576; prior: 1903 c 100 § 1; Code 1881 §
1611; 1860 p 226 § 328.]
Rules of court: SPR 98.08W, 98. IOW, 98.16W.
Action against guardian deemed claim: RCW 11.92.035.
11.92.090 Sale, exchange, lease, or mortgage of
property. Whenever it shall appear to the satisfaction of
a court by the petition of any guardian or limited
guardian, that it is necessary or proper to sell, exchange,
lease, mortgage, or grant an easement, license or similar
interest in any of the real or personal property of the
estate of such incompetent or disabled person for the
purpose of paying debts or for the care, support and
education of such incompetent or disabled person, or to
Guardianship---Powers And Duties of Guardian
redeem any property of such incompetent's o: disabled
person's estate covered by mortgage or other hen, or for
the purpose of making any investments, or for .any other purpose which to the court may seem nght and
proper, the court may make an order directing such
sale, exchange, lease, mortgage, or grant of easement,
license or similar interest of such part or parts of the
real or personal property as shall to the court seem
proper. [1975 !st ex.s. c 95 § 24; 1965 c 145 § 11.92.090.
Prior: 1917 c 156 § 212; RRS § 1582; prior: Code 1881
§ 1620; 1855 p 17 § 14.]
11.92.100 Petition--Contents. Such application
shall be by petition, verified by the oath of the guardian
or limited guardian, and shall substantially set forth:
( 1) The value and character of all personal estate belonging to such incompetent or disabled person that has
come to the knowledge or possession of such guardian
or limited guardian.
(2) The disposition of such personal estate.
(3) The amount and condition of the incompetent's
or disabled person's personal estate, if any, dependent
upon the settlement of any estate, or the execution of
any trust.
(4) The annual income of the real estate of the incompetent or disabled person.
(5) The amount of rent received and the application
thereof.
(6) The proposed manner of reinvesting the proceeds
of the sale, if asked for that purpose.
(7) Each item of indebtedness, or the amount and
character of the lien, if the sale is prayed for the liquidation thereof.
(8) The age of the incompetent or disabled person,
where and with whom residing.
(9) All other facts connected with the estate and condition of the incompetent or disabled person necessary
to enable the court to fully understand the same. If
there is no personal estate belonging to such incompetent or disabled person in possession or expectancy, and
none has come into the hands of such guardian or limited guardian, and no rents have been received, the fact
shall be stated in the application. [ 1975 I st ex.s. c 95 §
25; 1965 c 145 § 11.92.100. Prior: 1917 c 156 § 213;
RRS § 1583; prior: Code 1881 § 1621; 1860 p 228 §
338; 1855 p 17 § 15.]
11.92.110 Law governing sales of real estate. The order directing the sale of any of the real property of the
estate of such incompetent or disabled person shall
specify the particular property affected and the method,
whether by public or private sale or by negotiation, and
terms thereof, and with regard to the procedure and
notices to be employed in conducting such sale, the
provisions of RCW 11.56.060, 11.56.070, 11.56.080, and
11.56.110 shall be followed unless the court otherwise
directs. (1975 1st ex.s. c 95 § 26; 1965 c 145 § I 1.92.1 IO.
Prior: 1917 c 156 § 214; RRS § 1524; prior: Code 1881
§ 1623; 1860 p 229 § 340.]
11.92.150
11.92.115 Return and confirmation of sale. The
guardian or limited guardian making any sale of real
estate, either at public or private sale or sale by negotiation, shall within ten days after making such sale. file
with the clerk of the court his return of such sale, the
same being duly verified. At any time after the expiration of ten days from the filing of such return, the court
may, without notice, approve and confirm such sale and
direct proper instruments of transfer to be executed and
delivered. Upon the confirmation of any such sale, the
court shall direct the guardian or limited guardian to
make, execute and deliver instruments conveying the title to the person to whom such property may be sold
and such instruments of conveyance shall be deemed to
convey all the estate, rights and interest of the incompetent or disabled person and of his estate. In the case
of a sale by negotiation the guardians or limited guardians shall publish a notice in one issue of a legal newspaper published in the county in which the estate is
being administered; the substance of such notice shall
include the legal description of the property sold, the
selling price and the date after which the sale may be
confirmed: Provided, That such confirmation date shall
be at least ten days after such notice is published. [ 1975
1st ex.s. c 95 § 27; 1965 c 145 § 11.92.115.]
11.92.120 Confirmation conclusive. No sale by any
guardian or limited guardian of real or personal property shall be void or be set aside or be attacked because
of any irregularities whatsoever, and none of the steps
leading up to such sale or the confirmation thereof shall
be jurisdictional, and the confirmation by the court of
any such sale shall be conclusive as to the regularity
and legality of such sale or sales, and the passing of title
after confirmation by the court shall vest an absolute
title in the purchaser, and such instrument· of transfer
may not be attacked for any purpose or any reason, except for fraud. [1975 !st ex.s. c 95 § 28; 1965 c 145 §
11.92.120. Prior: 1917 c 156 § 215; RRS § 1585; prior:
Code 1881 § 1625; 1860 p 229 § 343.]
11.92.130 Performance of contracts. If any person
who is bound by contract in writing to perform shall
become incompetent or become a disabled person before making the performance, the court having jurisdiction of the guardianship or limited guardianship of such
property may, upon application of the guardian or limited guardian of such incompetent ot disabled person,
or upon application of the person claiming to be entitled to the performance, make an order authorizing and
directing the guardian or limited guardian to perform
such contract. The application and the proceedings,
shall, as nearly as may be, be the same as provided in
chapter 11.60 RCW. [1975 1st ex.s. c 95 § 29; 1965 c
145 § 11.92.130. Prior: 1923 c 142 § 5; RRS § 1585a.]
11.92.150 Request for special notice of proceedings.
At any time after the issuance of letters of guardianship
in the estate of any incompetent or disabled person, any
person interested in said estate, or in such incompetent
or disabled person, or any relative of such incompetent
or disabled person, or any authorized representative of
[1975 RCW Supp--p 1191
11.92.150
Title 11:
Probate Law and Procedure--1965 Act
any agenc\. bureau. or department of the United St~tes
go~·ernment from or through which any compensat10n,
insurance. pension or other benefit is being paid, or is
payable. may serve upon such guardian or l~mited
guardian. or upon the attorney for such guardian or
limited guardian. and file with the clerk o~ the .court
wherein the administration of such guardianship or
limited guardianship estate is pending, a written request
stating that special written notice is desire? of ~ny or all
of the following matters. steps or proceedmgs m the administration of such estate:
( 1) Filing of petition for sales, ~xchanges, l~a~es,
mortgages. or grants of easements, licenses or s1m1lar
interests in any property of the estate.
.
(2) Filing of all intermediate or final accountmgs or
accountings of any nature whatsoever.
.
(3) Petitions by the guardian or limited guardian for
family allowances or allowances for the incompetent or
disabled person or any other allowance of every nature
from the funds of the estate.
(4) Petitions for the investment of the funds of the
estate.
(5) Petition to terminate guardians~ip_ or_ limited
guardianship or petition for adjud1cat10n of
competency.
.
.
Such request for special written notice shall designate
the name, address and post office address of the pers~m
upon whom such notice i~ to b~ served and no service
shall be required under this section and RCW 11.92.160
as now or hereafter amended other than in accordance
with such designation unless and until a new designation shall have been made.
When any account, petition, or proceeding is filed in
such estate of which special written noti_ce is reques!ed
as herein provided, the court shall fix a time for he_armg
thereon which shall allow at least ten days for service of
such notice before such hearing; and notice of such
hearing shall be served upon the person designated in
such written request at least ten days before the date
fixed for such hearing. The service may be made by
leaving a copy with the person _d_esignated, or his a~­
thorized representative, or by mailmg through the Umted States mail, with postage prepaid to the person and
place designated. [1975 1st ex.s. c 95 § 30; 1969 c 18 §
I; 1965 c 145 § 11.92.150. Prior: 1925 ex.s. c 104 § I;
RRS § 1586-1.]
11.92.160 Citation for failure to file account or report. Whenever any _request for_ special written notice is
served as provided m this section and RCW 11.92.150
as now or hereafter amended, the person making such
request may, upon failure of any_ guardian or limited
guardian for any incompetent or disabled pers~~· to file
any account or report required by l~w,. petition_ !he
court administering such estate for a citation requmng
such guardian or limited guardian to file such report or
account, or to show cause for failure to do so, and
thereupon the court shall issue such citati?n and_ hold a
hearing thereon and enter such order as is reqmred by
the law and the facts. [1975 1st ex.s. c 95 § 31; 1965 c
145 § 11.92.160. Prior: 1925 ex.s. c 104 § 2; RRS §
1586-2.]
(1975 RCW Supp----p 120)
Attorney's fee to contestant of erroneous account or report: RCW
11. 76.070.
11.92.170 Removal of property of nonresident incompetent or disabled person. Whenever it is made to appear that it would be in the best interests of the
incompetent or disabled person, the court may. order
the transfer of property in this state to_ a guardian or
limited guardian of the estate of th~ 1~c~mpetent or
disabled person appointed in another JUnsd1c_t10n. [ 1975
Ist ex.s. c 95 § 32; 1965 c 145 § 11.92.170. Pnor: 1917 c
156 § 217; RRS § 1587; prior: Code 1881 § 1628; 1873
p 320 § 323.]
11.92.180 Compensation and expenses of_ guardi~n ?r
limited guardian--Attorney's fee. A guard1a!1 or hm1!ed guardian shall _be allo~e~ such compensat10n for his
services as guardian or hm1ted guar~1.an as the court
shall deem just and reasonable. Add1t10n~l compensation may be allowed for his necessary services _as attorney and for other necessary services not reqmred of a
guardian or limited guardian. He may also be ~ll?wed
compensation for necessary expenses m the admm1str~­
tion of his trust, including reasonable attorney's fees if
the employment of an attorney for the part~cular purpose is necessary. In all cases, compensat10!1 of !he
guardian or limited guardian and his expenses mcludmg
attorney's fees shall be fixed by the co1._1rt and may be
allowed at any annual or final accountmg; but at any
time during the administration of the estate, the guardian or limited guardian or his attorney may apply to the
court for an allowance upon the compensation or necessary expenses of the guardian or limited guardian and
for attorney's fees for services already performed. If the
court finds that the guardian or limited guardian h~s
failed to discharge his duties as such in any respect, it
may deny him any compensation whatsoever or may
reduce the compensation which would otherwise be allowed. [1975 1st ex.s. c 95 § 33; 1965 c 145 § 11.92.180.
Prior: 1917 c 156 § 216; RRS § 1586; prior: Code 1881
§ 1627; 1855 p 19 § 25.]
Rules of court: SPR 98.12W.
11.92.185 Concealed or embezzled property-Proceedings for discovery. The court shall have authority to bring before it, in the manner prescribed by RCW
11.48.070, any person or persons suspected of having in
his possession or having concealed, embezzled, conveyed or disposed of any of the property of the estate of
incompetents or disabled persons subject to administration under this title. [ 1975 I st ex.s. c 95 § 34; 1965 c 145
§ 11.92.185.]
Chapter 11.94
POWER OF ATTORNEY
Sections
11.94.020
Effect of death, disability or incompetence of principal-Acts without knowledge.
11.94.020 Effect of death, disability or incompetence
of principal--Acts without knowledge_. (~) The death,
disability, or incompetence of any pnnc1pal who has
13.04.260
Juvenile Courts
executed a power of attorney in writi~g other than a
power as described by *section 43 of this 1974 amendatory act, does not revoke or terminate the agency. as to
the attorney in fact, agent or other person who, without
actual knowledge of the deat~, disability.' or incompetence of the principal, acts m good faith under the
power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal
represen ta ti ves.
(2) An affidavit, executed by the attorney in fact or
agent stating that he did not have, at the time of doing
an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of
attorney by death, disability, or incompetence, is, in the
absence of a showing of fraud or bad faith, conclusive
proof of the nonrevocation or nontermination of the
power at that time. If the exercise of the power requires
execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is
likewise recordable.
(3) This section shall not be construed to alter or affect any provision for revocation or termination contained in the power of attorney. [1974 ex.s. c 117 § 53.]
party so notifies the court, the justice before whom such
hearing was had shall certify such judgment in substantially the following form:
Washington.
In the Justice's Court of __________ County, before
__________ Justice of the Peace for __________ Precinct.
_________________________ Plaintiff,
VS.
_________ - - - - - ___________ Defendant.
In the Small Claims Department.
This is to certify that in a certain action before me,
the undersigned, had on this the _ _ _ _ _ day of
__________ 19 __ , wherein _______________ was plaintiff and _______________ defendant, jurisdiction of said
defendant having been had by personal service (or otherwise) as provided by law, I then and there entered
judgment against said defendant in the sum of
__________ Dollars; which judgment has not been paid.
Witness my hand this _____ day of __________ , 19 __ .
Justice of the Peace sitting
in the Small Claims Department.
*Reviser's note: The reference to section 43 appears to be erroneous. What was apparently intended was section 52, codified as RCW
11.94.010.
Application, construction-Severability-Effective date-1974
ex.s. c 117: See RCW 11.02.080 and notes following.
Title 12
JUSTICE COURTS-CIVIL
PROCEDURE
Chapters
12.12 Trial.
12.40 Small claims.
Chapter 12.12
TRIAL
Sections
12.12.060
Summons for jurors.
12.12.060 Summons for jurors. The justice shall
thereupon issue or cause to be issued a summons for
the jury, which summons shall be served personally or
by certified mail upon the persons named. [1975 1st
ex.s. c 119 § l; 1888 p 119 § 4; Code 1881§1773; 1854
p 236 § 73; RRS § 1852.]
The justice of the peace of said justice's court shall
forthwith enter such judgment transcript on the judgment docket of such justice's court; and thereafter garnishment, execution and other process on execution
provided by law may issue thereon, as obtains in other
cases of judgments of justice's courts, and transcripts of
such judgments may be filed and entered in judgment
lien dockets in superior courts with like effect as in other cases. [1975 1st ex.s. c 40 § 1; 1973 c 128_ § 2; 1919 c
187 § 11; RRS § 1777-11.]
Title 13
JUVENILE COURTS AND JUVENILE
DELINQUENTS
Chapters
13.04 Juvenile courts.
13.20 Management of detention facilities-Class AA
counties.
Chapter 13.04
JUVENILE COURTS
Sections
13.04.260
Chapter 12.40
SMALL CLAIMS
Sections
12.40.110
Procedure on nonpayment.
12.40.110 Procedure on nonpayment. The judgment
of said court shall be conclusive. If the losing party fails
to pay the judgment according to the terms and conditions thereof within twenty days, and the prevailing
Commitment of delinquent beyond age twenty-one prohibited-Jurisdiction of juvenile court.
13.04.260 Commitment of delinquent beyond age
twenty-one prohibited--Jurisdiction of juvenile court.
In no case shall a delinquent juvenile be committed by
the juvenile court to the department of social and
health services for placement in a juvenile correctional
institution beyond the child's twenty-first birthday. A
delinquent juvenile shall be under the jurisdiction of the
[1975 RCW Supp--p 121)
13.04.260
Title 13:
Juvenile Courts and Juvenile Delinquents
juvenile rnurt or the authority of the department of social and health services beyond the child's eighteenth
birthday only if the juvenile court has, prior to the juvenile's eighteenth birthday, found the juvenile to be
delinquent and has extended the jurisdiction beyond
the child's eighteenth birthday by written order setting
forth its reasons therefor.
In no event shall the juvenile court have authority to
extend jurisdiction over any delinquent juvenile beyond
the juvenile's twenty-first birthday. [1975 1st ex.s. c 170
§ 1.]
Chapter 13.20
MANAGEMENT OF DETENTION FACILITIESCLASS AA COUNTIES
Sections
13.20.060
Transfer of administration of juvenile court services to
county executive-Authorized-Advisory
board-Procedure.
13.20.060 Transfer of administration of juvenile court
services to county executive-Authorized--Advisory
board--Procedure. In addition, and alternatively, to
the authority granted by RCW 13.20.010, the judges of
the superior court of any class AA county are hereby
authorized, by a majority vote, subject to approval by
ordinance of the legislative authority of the county to
transfer to the county executive the responsibility for,
and administration of all or part of juvenile court services, including detention, intake and probation. The superior court and county executive of such county are
further authorized to establish a five-member juvenile
court advisory board to advise the county in its administration of such services, facilities and programs. If the
advisory board is established, two members of the advisory board shall be appointed by the superior court,
two members shall be appointed by the county executive, and one member shall be selected by the vote of
the other four members. The county is authorized to
contract or otherwise make arrangements with other
public or private agencies to provide all or a part of
such services, facilities and programs. Subsequent to
any transfer to the county of responsibility and administration of such services, facilities and programs pursuant to the foregoing authority, the judges of such
superior court, by majority vote subject to the approval
by ordinance of the legislative authority of the county,
may retransfer the same to the superior court. [ 1975 1st
ex.s. c 124 § 1.]
Title 14
AERONAUTICS
f1975 RCW Supp--p 122)
Chapters
14.04 Aeronautics commission.
Chapter 14.04
AERONAUTICS COMMISSION
Sections
14.04.020
14.04.090
Definitions.
Aid to municipalities, Indian tribes-Federal aid.
14.04.020 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(I) "Aeronautics" means the science and art of flight
and including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories,
including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of
airports or air navigation facilities; and instruction in
flying or ground subjects pertaining thereto.
(2) "Aircraft" means any contrivance now known, or
hereafter invented, used or designed for navigation of
or flight in the air.
(3) "Airport" means any area of land or water which
is used, or intended for use, for the landing and take-off
of aircraft, and any appurtenant areas which are used,
or intended for use, for airport buildings or other airport facilities or right-of-way, together with all airport
buildings and facilities located thereon.
(4) "Commission" means the state aeronautics
comm1ss10n.
(5) "Director" means the director of aeronautics of
this state.
(6) "State" or "this state" means the state of
Washington.
(7) "Air navigation facility" means any facility, other
than one owned or operated by the United States, used
in, available for use in, or designed for use in aid of air
navigation, including any structures, mechanisms,
lights, beacons, markers, communicating systems, or
other instrumentalities or devices used or useful as an
aid, or constituting an advantage or convenience, to the
safe taking-off, navigation, and landing of aircraft, or
the safe and efficient operation or maintenance of an
airport, and any combination of any or all of such
facilities.
(8) "Operation of aircraft" or "operate aircraft"
means the use, navigation or piloting of aircraft in the
airspace over this state or upon any airport within this
state.
(9) "Airman" means any individual who engages, as
the person in command, or as pilot, mechanic, or member of the crew in the navigation of aircraft while under
way, and any individual who is directly in charge of the
inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher
or air-traffic control tower operator; but does not include any individual employed outside the United
States, or any individual employed by a manufacturer
of aircraft, aircraft engines, propellers, or appliances to
14.04.090
Aeronautics Commission
perform duties as inspector or mecha~ic i.n conn.ection
therewith, or any individual. perf~rm1~g mspect10n or
mechanical duties in connect10n with atrcraft owned or
operated by him.
(IO) "Aeronautics instructor" means any individual
who for hire or reward engages in giving instruction or
offering to give instruction in flying or ground subjects
pertaining to aeronautics, but excludes any instructor in
a public school, university or institution of higher
learning duly accredited and approved for carrying on
collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, while in the performance
of his duties at such school, university or institution.
(11) "Air school" means any person who advertises,
represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward; but
excludes any public school, university or institution of
higher learning duly accredited and approved for carrying on collegiate work.
(12) "Person'' means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee,
receiver, assignee, or other similar representative
thereof.
(13) "Municipal" means pertaining to a municipality,
and "municipality" shall mean any county, city, town,
authority, district or other political subdivision or public corporation of this state.
(14) "Airport hazard" means any structure, object of
natural growth, or use of land, which obstructs the airspace required for the flight of aircraft in landing or
taking off at an airport or is otherwise hazardous to
such landing or taking off.
(15) "State airway" means a route in the navigable
airspace over and above the lands or waters of this
state, designated by the commission as a route suitable
for air navigation. [ 1947 c 165 § 1; Rem. Supp. 1947 §
l 0964-81.]
14.04.090 Aid to municipalities, Indian tribes-Federal aid. The commission may make available its
engineering and other technical services, with or without charge, to any municipality or person desiring them
in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports or air navigation facilities.
The commission may render financial assistance by
grant or loan or both to any municipality or municipalities acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of
an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, or to any
Indian tribe recognized as such by the federal governme.n ! .or such tribes. acting jointly in the planning, acquisition, construction, improvement, maintenance or
operation of an airport, owned or controlled, or to be
owned or controlled by such tribe or tribes and to be
held av~il~ble for the general use of the public, out of
appropnat10ns ma~e by !he legislature for such purposes. ~uch ~nancial assistance may be furnished in
connect10n with federal or other financial aid for the
same purposes: Provided, That no grant or loan or both
shall be in excess of one hundred thousand dollars for
any one project: Provided further, That no grant or
loan or both shall be granted unless the municipality or
municipalities acting jointly, or the tribe or tribes acting
jointly shall from their own funds match any funds
made available by the commission upon such ratio as
the commission may prescribe.
The commission is authorized to act as agent of any
municipality or municipalities actingjointly or any tribe
or tribes acting jointly, upon the request of such municipality or municipalities, or such tribe or tribes in
accepting, receiving, receipting for and disbursing federal moneys, and other moneys public or private, made
available to finance, in whole or in part, the planning,
acquisition, construction, improvement, maintenance or
operation of an airport or air navigation facility; and if
requested by such municipality or municipalities, or
tribe or tribes, may act as its or their agent in contracting for and supervising such planning, acquisition, construction, improvement, maintenance, or operation; and
all municipalities and tribes are authorized to designate
the commission as their agent for the foregoing purposes. The commission, as principal on behalf of the
state, and any municipality on its own behalf, may enter into any contracts, with each other or with the
United States or with any person, which may be required in connection with a grant or loan of federal
moneys for airport or air navigation facility purposes.
All federal moneys accepted under this section shall be
accepted and transferred or expended by the commission upon such terms and conditions as are prescribed
by the United States. All moneys received by the commission pursuant to this section shall be deposited in
the state treasury, and, unless otherwise prescribed by
the authority from which such moneys Were received,
shall be kept in separate funds designated according to
the purposes for which the moneys were made available, and held by the state in trust for such purposes.
All such moneys are hereby appropriated for the purposes for which the same were made available, to be
disbursed or expended in accordance with the terms
and conditions upon which they were made available:
Provided, That any landing fee or charge imposed by
any Indian tribe or tribes for the privilege of use of an
airport facility planned, acquired, constructed, improved, maintained, or operated with financial assistance from the commission pursuant to this section must
apply equally to tribal and nontribal members: Provided further, That in the event any municipality or municipalities or Indian tribe or tribes, or any distributor
of airc~aft fuel ~s define~
RCW 82.42.020 which operates m any airport facility which has received financial assistance pursuant to this section, fails to collect
the aircraft fuel excise tax as specified in chapter 82.42
RCW, all funds or value of technical assistance given or
paid to such municipality or municipalities or Indian
tribe or tribes under the provisions of this section shall
revert to the commission, and shall be due and payable
to the commission immediately. [1975 1st ex.s. c 161 §
l; 1947 c 165 § 9; Rem. Supp. 1947 § 10964-89.]
?Y
Distributor of aircraft fuel defined: RCW 82.42.010(7).
(1975 RCW Supp--p 1231
Title 15
Title 15:
Agriculture and Marketing
Title 15
AGRICULTURE AND MARKETING
Chapters
15.04 General provisions.
15. 13 Horticultural plants and facilities--Inspection
and licensing.
15.17 Standards of grades and packs.
15.24 Apple adYertising commission.
15.28 Soft tree fruits.
15.44 Dairy products commission.
15.49 Washington state seed act.
15.53 Commercial feed.
15.54 Fertilizers, agricultural minerals and limes.
(Washington commercial fertilizer act).
15.65 Washington state agricultural enabling act of
1961.
15.66 Washington agricultural enabling act of 1955.
15.76 Agricultural fairs, youth shows, exhibitions.
Chapter 15.04
GENERAL PROVISIONS
Sections
15.04.150
15.04.160
Berry harvesting by youthful workers-Legislative
finding.
Berry harvesting by youthful workers-Authorized-Restrictions.
15.04.150 Berry harvesting by youthful workers-Legislative finding. The legislature finds that the crops
of berry growers in the state are imperiled by a recent
change in the federal law relating to youthful agricultural workers. Since the berry harvest season is so short
that few migrant agricultural workers find the trip to
this state to pick berries worth the trouble, the longestablished use of younger pickers must be permitted to
the extent where such employment will not interfere
with interstate commerce and the federal law. Further,
the legislature finds that such employment is healthful,
a good indoctrination for youth in the work ethic and
the role of agriculture in society, and an opportunity
youths welcome to earn extra spending money. [1975
1st ex.s. c 238 § 1.)
15.04.160 Berry harvesting by youthful workers-Authorized--Restrictions. (1) An employee engaged
to pick berries in this state outside of school hours for
the school district where such employee is living while
so employed may be less than twelve years of age: Provided, That (a) the employee is employed with the consent of his parent or person standing in the place of his
parent, (b) the berries are for sale within the state only,
and are not to be shipped out of the state in any form;
(c) the secretary of agriculture or his designated representative has certified that there are not sufficient workers available in the immediate area to harvest the crop
without such youthful employees. and (d) all employees
of any employer engaging youthful employees are paid
at the same rate for picking berries.
(2) Each basket, package, or other container containin cr berries or berry products picked by an employee
unbder twelve years of age shall be distinctively marked
(1975 RCW Supp--p 1241
so as to insure that the berries do not enter interstate
commerce: Provided however. That nothing in RCW
15.04.150 and 15.04.160 shall apply to employers who
are exempt from the federal fair labor standards act.
[1975 1st ex.s. c 238 § 2.)
Chapter 15.13
HORTICULTURAL PLANTS AND FACILITIES-INSPECTION AND LICENSING
Sections
15.13.470
Disposition of moneys and assessments.
15.13.470 Disposition of moneys and assessments. All
moneys except assessment collected under the provisions of this chapter shall be paid into the nursery inspection fund in the state treasury which is hereby
established. Such fund shall be used only in the administration and enforcement of this chapter. All moneys
collected under the provisions of chapter 15.13 RCW
and remaining in such nursery inspection account in the
state general fund on July I, 1975, shall likewise be
used only in the administration and enforcement of this
chapter: Provided, That all fees collected for fruit tree,
fruit tree seedling and fruit tree rootstock assessments
as set forth in this chapter shall be deposited in the
northwest nursery fund to be used only for the
Washington fruit tree certification and nursery improvement programs as set forth in this chapter and
chapter 15.14 RCW. [1975 1st ex.s. c 257 §I; 1971 ex.s.
c 33 § 25.J
Construction-Effective date--1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
Chapter 15.17
STANDARDS OF GRADES AND PACKS
Sections
15.17.230
15.17.240
Horticulture inspection districts.
Collection, deposit and use of fees-Bond of inspectors-at-large-Accounting.
15.17.230 Horticulture inspection districts. For the
purpose of this chapter the state shall be divided into
not less than four horticulture inspection districts to
which the director may assign one or more inspectorsat-large who as a representative of the director shall
supervise and administer regulatory and inspection affairs of the districts: Provided, That for purposes of efficiency and economy the director may by rule
promulgated in accordance with the Administrative
Procedure Act establish or adjust district boundaries or
abolish any district: Provided, however, That there shall
be at least four districts in existence at all times. ( 1975
1st ex.s. c 7 §I; 1969 ex.s. c 76 § 2; 1963 c 122 § 23.)
15.17.240 Collection, deposit and use of feesBond of inspectors-at-large--Accounting. The inspectors-at-large in charge of such inspections shall collect
the fees therefor and deposit them in the horticultural
district fund in any bank in the district approved for the
deposit of state funds. The inspectors-at-large shall expend fees deposited in the horticultural district fund to
Dairy Products Commission
assist in defraying the expenses of inspection.s a~d they
shall make payments from ~he horticultur~I d1stnct ~und
to the horticultural inspect10n trust fund m O~ympia as
authorized by the director in accordance with RCW
15.04. JOO. Inspectors-at-large .shall furnish bonds to the
state in amounts set by the d!fector of the department
of general administration, pursua~t to RCW 4~.19.540,
with sureties approved by the dlfector of agnculture,
conditioned upon the faithful handling of said funds for
the purposes specified; and shall, on or before the tenth
day of each month, render to the director of agriculture
a detailed account of the receipts and disbursements for
the preceding month. [1975 c 40 § 3; 1963 c 122 § 24.]
15.44.027
ten members. There shall be one member from each
district who shall be a practical producer of dairy products to be elected by such producers, one member
shall be a dealer, and one member shall be a producer
who also acts as a dealer, and such dealer and producer
who acts as a dealer shall be appointed by the director
of agriculture, and the director of agriculture shall be
an ex officio member without vote. [1975 1st ex.s. c 136
§ 1; 1965 ex.s. c 44 § 2; 1961 c 11 § 15.44.020. Prior:
1959 c 163 § 2; prior: (i) 1939 c 219 § 3, part; RRS §
6266-3, part. (ii) 1939 c 219 § 4, part; RRS § 6266-4,
part.]
15.44.025 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 15.24
APPLE ADVERTISING COMMISSION
Sections
15.24.170
Rules and regulations-Filing-Publication.
15.24.170 Rules and regulations--Filing--Publication. Rules, regulations, and orders made by the
commission shall be filed with the director and published in a legal newspaper in the cities of Wenatchee
and Yakima within five days after being made, and
shall become effective pursuant to the provisions of
RCW 34.04.040. [1975 1st ex.s. c 7 § 37; 1961 c 11 §
15.24.170. Prior: 1937 c 195 § 18; RRS § 2874-18.]
Chapter 15.28
SOFT TREE FRUITS
Sections
15.28.300
Rules and regulations-Filing-Publication.
15.28.300 Rules and regulations--Filing--Publication. Every rule, regulation, or order promulgated by
the commission shall be filed with the director, and
shall be published in a legal daily newspaper in each of
the three districts. All such rules, regulations, or orders
shall become effective pursuant to the provisions of
RCW 34.04.040. [1975 1st ex.s. c 7 § 38; 1961 c 11 §
15.28.300. Prior: 1947 c 73 § 31; Rem. Supp. 1947 §
2909-40.]
Chapter 15.44
DAIRY PRODUCTS COMMISSION
Sections
15.44.020
15.44.025
15.44.027
15.44.030
15.44.032
15.44.038
15.44.070
15.44.085
15.44.087
15.44.090
Commission created-Composition.
Repealed.
Commission districts and boundaries.
Member qualifications.
Terms-Vacancies.
Quorum-Compensation-Expenses.
Rules, regulations and orders, publication.
Assessments on class I or class II milk.
Class I and class II milk defined.
Collection of assessments-Lien.
15.44.020
Commission created--Composition.
There is her~b~ created a Washington state dairy products comm1ss1on to be thus known and designated.
The commission shall be composed of not more than
15.44.027 Commission districts and boundaries. The
commission shall delete, combine, revise, amend, or
modify in any manner commission districts and boundaries by regulation as required and in accordance with
the intent and provisions of this section. Commission
districts established by statute prior to September 8,
1975 shall remain in effect until superseded by such
regulations.
The boundaries of the commission districts shall be
maintained in a manner that assures each producer a
representation in the commission which is reasonably
equal with the representation afforded all other producers by their commission members.
The commission shall, when requested in accordance
with the provisions of the administrative procedure act,
chapter 34.04 RCW as enacted or hereafter amended,
or on its own initiative, hold hearings to determine if
new boundaries for each commission district should be
established in order to afford each producer a reasonably equal representation in the commissi.on, and if the
commission so finds it shall change the boundaries of
said commission districts to carry out the proper reapportionment of producer representation on the commission: Provided, That the requirement of this section for
reasonable equal repr~sentation of each producer on the
commission need not require an equality of representation when the commission districts east of the crest of
the Cascade mountains are compared to the commission districts west of the crest of the Cascade mountains: Provided further, That the area east of the crest
of the Cascade mountains shall comprise not less than
two commission districts.
The commission may in carrying out this reapportionment directive reduce the number of districts presently provided by prior law, whenever it is in the best
interest of the producers and if such change would
maintain reasonable apportionment for each historical
production or marketing area: Provided, That each
elected commission member whose district may be consolidated with another district shall be allowed to serve
out his term of office.
If the commission fails to carry out its directive as set
forth herein for equal representation of each producer
on the commission the director of agriculture may upon
request by ten producers institute a hearing to determine if there is reasonably equal representation for each
(1975 RCW Supp--p 125)
15.44.027
Title 15:
Agriculture and Marketing
producer on the commission. If the director of agriculture finds that such reasonably equal representation is
lacking. he then shall realign the district boundaries in a
manner which will provide proper representation on the
commission for each producer. [1975 !st ex.s. c 136 § 7.]
of the. c~mmission or .when conducting business of the
comm1ss1on as authonzed by the commission, together
with traveling expenses at the rate allowed by RCW
43.03.050 as now or hereafter amended. [ 1975 I st ex.s. c
7 § 12; 1961 c 11 § 15.44.038. Prior: 1959 c 163 § 8.]
15.44.030 Member qualifications. Each of the producer members of the commission shall:
(I) Be a citizen and resident of this state and the district which he represents; and
(2) Be and for the five years last preceding his election have been actually engaged in producing dairy
products within this state. These qualifications must
continue during each member's term of office.
The dealer member shall be actively engaged as a
dealer in dairy products or employed in a dealer capacity as an officer or employee at management level in a
dairy products organization. [ 1975 I st ex.s. c 136 § 2;
1965 ex.s. c 44 § 4; 1961 c 11 § 15.44.030. Prior: 1959 c
163 § 4; prior: 1939 c 219 § 3, part; RRS §
6266-3, part.]
15.44.070 Rules, regulations and orders, publication.
Every rule, regulation, or order made by the commission shall be filed with the director and published in
two legal newspapers, one east of the Cascade mountains and one west thereof, within ten days after it is
promulgated, and shall become effective pursuant to the
provisions of RCW 34.04.040. [1975 1st ex.s. c 7 § 39;
1961 c 11 § 15.44.070. Prior: 1939 c 219 § 18; RRS §
6266-18.]
15.44.032 Terms--Vacancies. The regular term of
office of each producer member of the commission shall
be three years. Commission members shall be first
nominated and elected in 1966 in the manner set forth
in RCW 15.44.033 and shall take office as soon as they
are qualified. However, expiration of the term of the respective commission members first elected in 1966 shall
be as follows:
(I) District I and II on July I, 1967;
(2) District III and IV on July 1, 1968; and
(3) District V, VI and VII on July I, 1969.
The respective terms shall end on July l st of each
third year thereafter. Any vacancies that occur on the
commission shall be filled by appointment by the other
members of the commission, and such appointee shall
hold office for the remainder of the term for which he is
appointed to fill, so that commission memberships shall
be on a uniform staggered basis.
The term of office of the first dealer appointed by the
director shall expire July l, 1977, and the term of office
of the first producer who also acts as a dealer appointed
by the director shall expire on July I, 1978. The term of
office of each dealer and each producer who also acts as
a dealer shall be three years or until such time as a
successor is duly appointed. Any vacancy for a dealer
or a producer who also acts as a dealer shall be forthwith filled by the director. The director, in making any
appointments set forth herein, may consider lists of
nominees supplied him by dealers or producers also
acting as dealers. [ 1975 I st ex.s. c 136 § 3; 1965 ex.s. c
44 § 5; 1961 c 11 § 15.44.032. Prior: 1959 c 163 § 5.]
15.44.038 Quorum--Compensation--Expenses.
A majority of the commission members shall constitute
a quorum for the transaction of all business and the
performance of all duties of the commission. No member of the commission shall receive any salary or other
compensation. Each member shall receive a sum not to
exceed thirty-five dollars a day for each day spent in
actual attendance at or traveling to and from meetings
(1975 RCW Supp---p 126)
15.44.085 Assessments on class I or class II milk.
There is hereby levied on every hundredweight of class
I or class II milk, as defined in RCW 15.44.087, sold by
a dealer, including any milk sold by a producer who
acts as a dealer, an assessment of:
(I) Five-eighths of one cent per hundredweight. Such
assessment shall be in addition to the producer assessment paid by any producer who also acts as a dealer.
(2) Any additional assessment, within the power and
duty of the commission to levy, such that the total assessment shall not exceed one cent per hundredweight,
as required to effectuate the purpose of this section.
Such assessment may be increased by approval of
dealers and producers who also act as dealers, subject
to the standards set forth in RCW 15.44.130 for increasing or decreasing assessments. The funds derived
from such assessment shall be used for educational
programs in institutions of learning and the sum of such
funds derived annually from said dealers and producers
who act as dealers shall be matched by assessments derived from producers for the purpose of funding said
educational purposes in institutions of learning by an
amount not less than the moneys collected from dealers
and producers who act as dealers. [1975 1st ex.s. c 136 §
5.]
15.44.087 Class I and class II milk defined. For the
purpose of RCW 15.44.085, class I and class II milk
sold means milk from cows or goats produced by a
producer as defined in RCW 15.44.010 and utilized as
follows:
(I) Class I milk shall be all skim milk and butterfat:
(a) Sold in the form of fluid milk product subject to
the. following limitations and exceptions:
(1) Any products fortified with added nonfat milk
sol~ds shall be class I in an amount equal only to the
weight of an equal volume of like unmodified product
of the same butterfat content.
(ii) Fluid milk products in concentrated form shall be
class I in an amount equal to the skim milk and butterfat used to produce the quantity of such products sold.
(iii) Products classified as class II pursuant to subsection (2) of this section are excepted.
(b) Packaged fluid milk products in inventory at the
end of the month.
(2) Class II milk shall be all skim milk and butterfat:
15.53.901
Commercial Feed
(a) Used to produce ice cream, ice c~eam mix, frozen
desserts, aerated cream products, plastic cream, soured
cream dressing, yogurt, eggnog, cottage cheese, pot
cheese, bakers cheese, cream cheese, neufchatel cheese,
or starter; or
(b) Any milk or milk product, sterilized and either (i)
packaged in hermetically sealed metal or glass containers and used to produce condensed milk and condensed
skim milk, or (ii) in fluid milk products disposed of in
bulk to commercial food processing establishments or
producer milk sold to a commercial food processing eS'tablishment. [1975 1st ex.s. c 136 § 6.]
15.44.090 Collection of assessments--Lien. All assessments shall be collected by the first dealer and deducted from the amount due the producer, and all
moneys so collected shall be paid to the treasurer of the
commission on or before the twentieth day of the succeeding month for the previous month's collections, and
deposited by him in banks designated by the commission to the credit of the commission fund. If a dealer·
fails to remit any moneys so collected, or fails to make
deductions for assessments, such sum shall, in addition
to penalties provided in this chapter, be a lien on any
property owned by him, and shall be reported to the
county auditor by the commission, supported by proper
and conclusive evidence, and collected in the manner
and with the same priority over other creditors as prescribed for the collection of delinquent taxes. [ 1975 I st
ex.s. c 136 § 4; 1961 c 11 § 15.44.090. Prior: 1959 c 163
§ 12; prior: 1949 c 185 § I, part; 1939 c 219 § 9, part;
Rem. Supp. 1949 § 6266-9, part.]
Chapter 15.49
WASHINGTON STATE SEED ACT
Sections
15.49.470
Moneys, disposition-Fees, fines, penalties and forfeitures of justice courts, remittance.
15.49.470 Moneys, disposition--Fees, fines, penalties and forfeitures of justice courts, remittance. All
moneys collected under the provisions of this chapter
shall be paid into the seed fund in the state treasury
which is hereby established. Such fund shall be used
only in the administ.-ation and enforcement of this
chapter. All moneys collected under the provisions of
chapter 15.49 RCW and remaining in such seed fund
account on July 1, 1975, shall likewise be used only in
the enforcement of this chapter: Provided, That all fees,
~ne~, forfeitures and penalties collected or assessed by a
JUSt1ce court because of the violation of a state law shall
be remitted as provided in chapter 3.62 RCW as now
exists or is later amended. [1975 1st ex.s. c 257 § 2; 1969
ex.s. c 199 § 13; 1969 c 63 § 47.]
Construction--Effective date---1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
Chapter 15.53
COMMERCIAL FEED
Sections
15.53.901
15.53.9014
15.53.9018
15.53.9026
15.53.9028
15.53.9036
15.53.9038
15.53.9044
15.53.9053
Definitions.
Registration of feeds-Application--RenewalFees-May be refused.
Inspection fees-Reports-Confidentiality,
exception.
Repealed.
through 15.53.9034 Repealed.
Procedure for denial, etc., of registration.
Department's remedies for noncompliance-"Withdrawal from distribution" order--Condemnation-Seizure.
Disposition of moneys.
Repealer--Continuation of prior licenses and registrations-1975 !st ex.s. c 257.
15.53.901 Definitions. For the purposes of this
chapter:
(I) "Department" means the department of agriculture of the state of Washington or its duly authorized
represen ta ti ve.
(2) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, or
association.
(3) "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend commercial
feed, or to offer for sale, sell, barter, or otherwise supply
commercial feed in this state.
(4) "Distributor" means any person who distributes.
(5) "Sell" or "sale" includes exchange.
(6) "Commercial feed" means all materials including
customer-formula feed which are distributed for use as
feed or for mixing in feed, for animals other than man
except:
(a) Unmixed seed, whole or processed, made directly
from the entire seed;
(b) Unground hay, straw, stover, silage, cobs, husks,
and hulls when not mixed with other materials;
(c) Individual chemical compounds when not mixed
with other materials; or
(d) Bona fide experimental feeds, on which accurate
records and experimental programs are maintained.
(7) "Feed ingredient" means each of the constituent
materials making up a commercial feed.
(8) "Customer-formula feed" means a mixture of
commercial feed and/or materials each batch of which
mixture is mixed according to the specific instructions
of the final purchaser, or contract feeder.
(9) "Brand" means the term, design, trademark, or
other specific designation under which an individual
commercial feed is distributed in this state.
(IO) "Label" means a display of written, printed, or
graphic matter upon or affixed to the container in
which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is
distributed.
(11) "Ton'' means a net weight of two thousand
pounds avoirdupois.
(_12) "Percent" or "percentage" means percentage by
weight.
(13) "Official sample" means any sample of feed
taken by the department, obtained and analyzed as
provided in RCW 15.53.9024.
(1975 RCW Supp---p 1271
15.53.901
Title 15:
Agriculture and Marketing
( 14) "Contract feeder" means an independent contractor. or any other person who feeds commercial feed
to animals pursuant to an oral or written agreement
whereby such commercial feed is supplied. furnished or
otherwise provided to such person by any distributor
and whereby such person's remuneration is determined
all or in part by feed consumption, mortality, profits, or
amount or quality of product: Provided. That it shall
not include a bona fide employee of a manufacturer or
distributor of commercial feed.
(15) "Retail" means to distribute to the ultimate consumer. [ 1975 I st ex.s. c 257 § 3; 1965 ex.s. c 31 § 2. Prior acts on this subject: 1961 c 11 §§ 15.53.010 through
15.53.900; 1953 c 80 §§ 1-35.]
Construction-Effective date---1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9014 Registration of feeds--Application-Renewal--Fees--May be refused. (1) Each commercial feed shall be registered with the department and
such registration shall be renewed annually before such
commercial feed may be distributed in this state: Provided, That customer-formula feeds are exempt from
such registration.
(a) Beginning January I, 1976, each annual brand
registration for a commercial feed distributed in packages of ten pounds or more shall be accompanied by a
fee of five dollars: Provided, That if such commercial
feed is also distributed in packages of less than ten
pounds they shall be registered under subsection (b) of
this section.
(b) Beginning January I, 1976. each annual brand
registration for a commercial feed distributed in packages of less than ten pounds shall be accompanied by
an annual registration fee of twenty dollars on each
such commercial feed so distributed: Provided, That no
inspection fee shall be collected on packages of less
than ten pounds of the commercial feed so registered.
(2) The application for registration shall be on forms
provided by the department.
(3) The department may require that such application
be accompanied by a label and/or other printed matter
describing the product. All registrations issued on or
after January I. 1975, shall be renewable unless such
registration is canceled by the department or it has
called for a new registration, or unless canceled by the
registrant.
(4) The application shall include the information required by subsections (I )(b) through (1 )( e) of RCW
15.53.9016.
(5) A distributor shall not be required to register any
brand of commercial feed which is already registered
under the provisions of this chapter by any other
person.
(6) Changes in the guarantee of either chemical or
ingredient composition of a commercial feed regist.ered
under the provisions of this chapter may be permitted
provided there is satisfactory evidence that such
chan£es would not result in a lowering of the feed value
of th~ product for the purpose for which designed.
11975 RCW Supp--p 1281
(7) The department is empowered to refuse registrati.o~ of any application not in compliance with the
prn-
v1s10ns of this chapter and to cancel any registrat10n
subsequently found not to be in compliance with any
provisions of this chapter: Provided, That no registration shall be refused or canceled until the registrant
shall have been given opportunity to be heard before
the department and to amend his application in order
to comply with the requirements of this chapter. [ 1975
1st ex.s. c 257 § 4; 1965 ex.s. c 31 § 4.]
Construction-Effective date---1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9018 Inspection fees--Reports--Confidentiality, exception. (I) On or after July I, 1975 each
initial distributor of a commercial feed in this state shall
pay to the department an inspection fee of six cents per
ton on all commercial feed sold by such person during
the year.
(2) In computing the tonnage on which the inspection
fee must be paid, sales of commercial feed to other feed
registrants, sales of commercial feed in packages weighing less than ten pounds, and sales of commercial feed
for shipment to points outside this state may be
excluded.
(3) When more than one distributor is involved in the
distribution of a commercial feed, the last registrant or
initial distributor who distributes to a nonregistrant
(dealer or consumer) is responsible for reporting the
tonnage and paying the inspection fee, unless the reporting and paying of fees have been made by a prior
distributor of the feed.
(4) Each person made resp~nsible by this chapter for
the payment of inspection fees for commercial feed sold
in this state shall file a report with the department on
October !st, January !st, April !st, and July 1st of each
year showing the number of tons of such commercial
feed sold during the three calendar months immediately
preceding the date the report is due. The proper inspection fee shall be remitted with the report. The person
required to file the report and pay the fee shall have a
thirty-day period of grace immediately following the
day the report and payment are due to file the report,
and pay the fee: Provided, That upon permission of the
department, an annual statement under oath may be
filed by any person distributing within the state less
th~n fifty tons per quarter during any year, and upon
~hng such statement such pe~son shall pay the inspect10n fee at the rate stated m subsection (I) of this
section.
(5) Each distributor shall keep such reasonable and
practical records as may be necessary or required by
the department to indicate accurately the tonnage of
commercial feed distributed in this state, and the department shall have the right to examine such records
to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee
or comply as provided herein shall constitute a violation of this chapter.
(6) Inspection fees which are due and owing and have
not be.en remitted to the department within thirty days
followmg the due date shall have a collection fee of
Commercial Feed
twenty-five percent, but not less than five dollars, added to the amount due when payment is finally made.
The assessment of this collection fee shall not prevent
the department from taking other actions as provided
for in this chapter.
(7) The report required by subsection (4) of this section shall not be a public record, and it shall be a misdemeanor for any person to divulge any information
given in such report which would reveal the business
operation of the person making the report: Provided,
That nothing contained in this subsection shall be construed to prevent or make unlawful the use of information concerning the business operation of a person if
any action, suit, or proceeding instituted under the authority of this chapter, including any civil action for
collection of unpaid inspection fees, which action is
hereby authorized and which shall be as an action at
law in the name of the director of the department.
(8) Any commercial feed purchased by a consumer or
contract feeder outside the jurisdiction of this state and
brought into this state for use shall be subject to all the
provisions of this chapter, including inspection fees.
(1975 lst ex.s. c 257 § 5; 1967 c 240 § 32; 1965 ex.s. c 31
§ 6.]
Construction--Effective date--1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
Severability--1967 c 240: See note following RCW 43.23.010.
15.53.9026 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
15.53.9028 through 15.53.9034 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
15.53.9036 Procedure for denial, etc., of registration.
All hearings for a denial, suspension, or revocation of
any registration provided for in this chapter shall be
subject to the provisions of chapter 34.04 RCW (the
Administrative Procedure Act) concerning contested
cases, as enacted or hereafter amended. [ 1975 l st ex.s. c
257 § 6; 1965 ex.s. c 31 § 15.]
Construction--Effective date--1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9038 Department's remedies for noncompliance--"Withdrawal from distribution" order--Condemnation--Seizure. (I) When the department has
determined that any lot of commercial feed is adulterated or misbranded or is being distributed in violation
of this chapter or any regulations hereunder it may issue and enforce a written or printed "withdrawal from
distribution" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or a court of
competent jurisdiction. The department shall release the
lot of commercial feed so withdrawn when said provisi~ns and_ regulations h_ave been complied with. If compliance 1s not obtamed within thirty days, the
department may begin proceedings for condemnation.
_(2) ~ny lot. ~f commercial feed not in compliance
with said prov1s10ns and regulations shall be subject to
15.53.9053
seizure on complaint of the department to a court of
competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the
said commercial feed to be in violation of this chapter
and orders the condemnation of said commercial feed,
it shall be disposed of in any manner consistent with
the quality of the commercial feed and the laws of the
state: Provided, That in no instance shall the disposition of said commercial feed be ordered by the court
without first giving the claimant an opportunity to apply to the court for release of said commercial feed or
for permission to process or relabel said commercial
feed to bring it into compliance with this chapter. [1975
!st ex.s. c 257 § 7; 1965 ex.s. c 31 § 16.]
Construction--Effective date-1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9044 Disposition of moneys. All moneys collected under the provisions of this chapter shaII be paid
into the commercial feed fund in the state treasury
which is hereby established. Such fund shall be used
only in the administration and enforcement of this
chapter. All moneys collected under the provisions of
chapter 15.53 RCW and remaining in such commercial
feed account in the state general fund on the effective
date of this chapter, shall be used in enforcement of this
chapter. (1975 1st ex.s. c 257 § 8; 1965 ex.s. c 31 § 19.]
Construction--Elfective date-1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9053 Repealer--Continuation of prior licenses and registrations--1975 1st ex.s. c 257. (I) The following acts or parts of acts are each repealed:
(a) Section 10, chapter 31, Laws of 1965 ex. sess.,
section 33, chapter 240, Laws of 1967 and RCW 15.53.9026; and
(b) Sections 11 through 14, chapter 31, Laws of 1965
ex. sess. and RCW 15.53.9028 through 15.53.9034.
(2) The enactment of *this act and the repeal of the
sections listed in subsection (1) of this section shall not
have the effect of terminating, or in any way modify
any liability, civil or criminal, which shall already be in
existence on July 1, 1975.
(3) All licenses and registrations in effect on July l,
1975 shall continue in full force and effect until their
regular expiration date, December 31, 1975. No registration or license that has already been paid under the
requirements of prior law shall be refunded. (1975 1st
ex.s. c 257 § 12.]
*Reviser's note: "this act" [1975 1st ex.s. c 257] consists of this section and amendments to RCW 15.13.470, 15.49.470, 15.53.901, 15.53.9014, 15.53.9018, 15.53.9036, 15.53.9038, 15.53.9044, 15.54.350,
15.54.360, 15.54.480.
Effective date--1975 1st ex.s. c 257: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions
and shall take effect on July I, 1975." (1975 !st ex.s. c 257 § 13.)
(1975 RCW Supp-p 1291
Chapter 15.54
Title 15:
Agriculture and Marketing
Chapter 15.54
FERTILIZERS. AGRICLLTURAL MINERALS AND
LIMES
(Washington commercial fertilizer act)
Sections
15.54.350
15.54.360
15.54.480
Inspection fees.
Inspection fees-Reports-Late-collection feeConfidentiality, exception.
Fertilizer. agricultural mineral and lime fund-Disposition of moneys.
(3) The report required by subsection (I) hereof shall
not be a public record, and it shall be a misdemeanor
for any person to divulge any information given in such
report which would reveal the business operation of the
person making the report: Provided, That nothing contained in this subsection shall be construed to prevent
or make unlawful the use of information concerning the
business operation of a person in any action, suit, or
proceeding instituted under the authority of this chapter. including any civil action for collection of unpaid
inspection fees, which action is hereby authorized and
which shall be as an action at law in the name of the
director of the department. [ 1975 1st ex.s. c 257 § 10;
1967 ex.s. c 22 § 24.]
15.54.350 Inspection fees. (I) Each distributor of a
commercial fertilizer in this state shall pay to the department an inspection fee of seven cents per ton of
lime and thirteen cents per ton of all other commercial
fertilizer sold by such person during the year beginning
July 1st and ending June 30th.
(2) In computing the tonnage on which the inspection
fee must be paid, sales of commercial fertilizers to fertilizer manufacturers. sales of commercial fertilizers in
packages weighing five pounds net or less, and sales of
commercial fertilizers for shipment to points outside
this state may be excluded.
(3) When more than one distributor is involved in the
distribution of a commercial fertilizer, the last registrant
who distributes to a nonregistrant (dealer or consumer)
is responsible for reporting the tonnage and paying the
inspection fee, unless the reporting and paying of fees
have been made by a prior distributor of the fertilizer.
[1975 !st ex.s. c 257 § 9; 1967 ex.s. c 22 § 23.]
15.54.480 Fertilizer, agricultural mineral and lime
fund--Disposition of moneys. All moneys collected
under the provisions of this chapter shall be paid into
the fertilizer, agricultural mineral and lime fund in the
state treasury which is hereby established. Such fund
shall be used only in the administration and enforcement of this chapter. All moneys collected under the
provisions of chapter 15.54 RCW and remaining in
such fertilizer, agricultural mineral and lime account in
the state general fund on July I, 1975, shall likewise be
used only in the enforcement of this chapter. [ 1975 I st
ex.s. c 257 § 11; 1967 ex.s. c 22 § 36.]
Construction--Elfective date--1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
Construction--Elfective date--1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.54.360 Inspection fees--Reports--Late--collection fee-Confidentiality, exception. (I) Each person made responsible by this chapter for the payment
of inspection fees for commercial fertilizers sold in this
state shall file a report with the department on October
!st, January !st, April !st. and July !st of each year
showing the number of tons of such commercial fertilizers sold during the three calendar months immediately
preceding the date the report is due: Provided, That
upon permission of the department. an annual statement under oath may be filed by any person distributing within the state less than fifty tons per quarter
during any calendar year, and upon filing such statement such person shall pay the inspection fee at the rate
stated in RCW 15.54.350(1) as now or hereafter
amended. The department may accept sales records or
other records accurately reflecting the tonnage sold in
verifying such reports. The proper inspection fee shall
be remitted with the report. The person required to file
the report and pay the fee shall have a thirty-day period of grace immediately following the day the report
and payment are due to file the report, and pay the fee.
(2) Inspection fees which are due and owing and have
not been remitted to the department within thirty days
following the due date shall have a late-collection fee of
ten percent, but not less than five dollars, added to the
amount due when payment is finally made. The assessment of this late-collection fee shall not prevent the
department from taking any other action as provided
for in this chapter.
(1975 RCW Supp--p 130]
Construction--Elfective date--1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
Chapter 15.65
WASHINGTON STATE AGRICULTURAL
ENABLING ACT OF 1961
Sections
15.65.020
15.65.140
15.65.160
15.65.250
Definitions.
Minimum assent requirements prerequisite to order or
amendment affecting producers or producer
marketing.
Ascertainment of required assent percentages.
Nominations for election to commodity board.
15.65.020 Definitions. The following terms are hereby defined:
(!) "Director" means the director of agriculture of
th~ state of Washington or his duly appointed represent~t1ve. The phrase "director or his designee'' means the
director unless, in the provisions of any marketing
agreement or order, he has designated an administrator,
board or other designee to act for him in the matter
designated, in which case "director or his designee"
means for such order or agreement the administrator,
board or other person(s) so designated and not the
director.
(2) "Department" means the department of agriculture of the state of Washington.
. (3) "Marketing order" means an order issued by the
director pursuant to this chapter.
(4) "Marketing agreement" means an agreement entered into and issued by the director pursuant to this
chapter.
Agricultural Enabling--1961 Act
(5) "Agricultural commodity" me~~s any distinctive
type of agricultural, horticultural, v1.t1cult~ra.L ftoncultural, vegetable or animal product, either m its natural
or processed state, including bees and hone~ but n~t
including timber or timber products. The director 1s
hereby authorized to determme (on the basis of common usage and practice) what kinds, types or sub-types
should be classed together as an agricultural commodity
for the purposes of this chapter.
(6) "Production area" and "marketing area" means
any area defined as such in any marketing order or
agreement in accordance with RCW 15.65.350. "Affected area" means the marketing or production area so
defined in such order, agreement or proposal.
(7) "Unit" of an agricultural commodity means a unit
of volume, weight, quantity, or other measure in which
such commodity is commonly measured. The director
shall designate in each marketing order and agreement
the unit to be used therein.
(8) "Affected unit" means in the case of marketing
agreements and orders drawn on the basis of a production area, any unit of the commodity specified in or
covered by such agreement or order which is produced
in such area and sold or marketed or delivered for sale
or marketing; and "affected unit" means, in the case of
marketing agreements and orders drawn on the basis of
marketing area, any unit of the commodity specified in
or covered by such agreement or order which is sold or
marketed or delivered for sale or marketing within such
marketing area: Provided, That in the case of marketing
agreements "affected unit'' shall include only those units which are produced by producers or handled by
handlers who have assented to such agreement.
(9) "Affected commodity" means that part or portion
of any agricultural commodity which is covered by or
forms the subject matter of any marketing agreement or
order or proposal, and includes all affected units thereof
as herein defined and no others.
(IO) "Producer" means any person engaged in the
business of producing any agricultural commodity for
market in commercial quantities. "Affected producer"
means any producer of an affected commodity. "To
produce" means to act as a producer. For the purposes
of RCW 15.65.140 and 15.65.160 as now or hereafter
amended "producer" shall include bailees who contract
to produce or grow any agricultural product on behalf
of a bailor who retains title to the seed and its resulting
agricultural product or the agricultural product delivered for further production or increase.
( 11) "Handler" means any person who acts, either as
principal, agent or otherwise, in processing, selling,
marketing or distributing an agricultural commodity
which was not produced by him. "Affected handler"
means any handler of an affected commodity. "To handle" means to act as a handler.
(12) "Producer-handler" means any person who acts
both as a producer and as a handler with respect to any
agricultural commodity. A producer-handler shall be
deemed ~o. be a producer with respect to the agricultural
commodities which he produces, and a handler with respect to the agricultural commodities which he handles,
including those produced by himself.
15.65.020
(13) "Cooperative association" means any incorporated or unincorporated association of producers which
conforms to the qualifications set out in the act of congress of the United States of February 18, 1922 as
amended, known as the "Capper-Volstead Act" and
which is engaged in making collective sales or in marketing any agricultural commodity or product thereof
or in rendering service for or advancing the interests of
the producers of such commodity on a nonprofit cooperative basis.
(14) "Member of a cooperative association" means
any producer who markets his product through such
cooperative association and who is a voting stockholder
of or has a vote in the control of or is a party to a
marketing agreement with such cooperative association
with respect to such product.
(15) "Producer marketing'' or "marketed by producers" means any or all operations performed by any
producer or cooperative association of producers in
preparing for market and marketing, and shall include:
(a) selling any agricultural commodity produced by
such producer(s) to any handler; (b) delivering any
such commodity or otherwise disposing of it for commercial purposes to or through any handler.
(16) "Commercial quantities'' as applied to producers
and/or production means such quantities per year (or
other period of time) of an agricultural commodity as
the director finds are not less than the minimum which
a prudent man engaged in agricultural production
would produce for the purpose of making such quantity
of such commodity a substantial contribution to the
economic operation of the farm on which such commodity is produced. "Commercial quantities" as applied
to handlers and/or handling means such quantities per
year (or other period of time) of an agricultural commodity or product thereof as the director finds are not
less than the minimum which a prudent man engaged in
such handling would handle for the purpose of making
such quantity a substantial contribution to the handling
operation in which such commodity or product thereof
is so handled. In either case the director may in his discretion: (a) determine that substantial quantity is any
amount above zero; and (b) apply the quantity so determined on a uniform rule applicable alike to all persons which he finds to be similarly situated.
(17) "Commodity board" means any board established pursuant to RCW 15.65.220. "Board" means any
such commodity board unless a different board is expressly specified.
(18) "Sell" includes offer for sale, expose for sale,
have in possession for sale, exchange, barter or trade.
(19) "Section" means a section of this chapter unless
some other statute is specifically mentioned. The
present includes the past and future tenses, and the past
or future the present. The masculine gender includes
the feminine and neuter. The singular number includes
the plural and the plural includes the singular.
(20) "Represented in a referendum" means that a
written document evidencing approval or assent or disapproval or dissent is duly and timely filed with or
mailed to the director by or on behalf of an affected
producer and/or a volume of production of an affected
[1975 RCW Supp--p 1311
15.65.020
Title 15:
Agriculture and Marketing
commodity in a form which the director finds meets the
requirements of this chapter.
(21) "Person" as used in this chapter shall mean any
person. firm. association or corporation. [1975 1st ex.s. c
7 ~ 2: 1961 c 256 § 2.]
15.65.140 Minimum assent requirements prerequisite
to order or amendment affecting producers or producer
marketing. No marketing order or amendment. thereto
directh affecting producers or producer marketing shall
be issued unless the director determines (in accordance
with any of the procedures described at RCW 15.6~­
.160) that the issuance of such order or amendment 1s
assented to or favored by producers who during a :epresentative period determined by the director constituted either (1) at least sixty-five percent by numbers and
at least fifty-one percent by volume of production of
the producers who have been engaged. within th~ area
of production specified in such marketing. order in. the
production for market of the commodity ~pec1fied
therein, or who during such representative penod have
been engaged in the production of su~h co.mmodity for
marketing in the marketing area specified in such marketing order, or (2) at least fifty-one percent by numbers and at least sixty-five percent by volume of
production of such producers: Provided, That producers shall be deemed to have assented to or approved a
proposed amendment order if sixty percent or more by
number and sixty percent or more by volume ?f those
replying assent or approve the proposed order in a referendum. [1975 1st ex.s. c 7 § 3; 1961c256 § 14.]
15.65.160 Ascertainment of required assent percentages. After publication of his final decision, t~e director
shall ascertain (either by written agreement in accordance with subdivision (1) of this section or by referendum in accordance with subdivision (2) of this section)
whether the above specified percentages of producers
and/or handlers assent to or approve any proposed order, amendment or termination, and for such purpose:
(1) The director may ascertain whether assent or approval by the percentages specified .in RC~ 15.65.140,
15.65.150 or 15.65.190 (whichever 1s apphcable) have
been complied with by written agreem~nt, and the requirements of assent or approval shall, in such case, be
held to be complied with, if of the total number of affected producers or affected handlers and the tot~! volume of production of the affected commodity or
product thereof, the percentages evidencing assent or
approval are equal to or in excess of the percentages
specified in said sections; or
(2) The director may conduct a referendum among
producers and the requirements of assent or approval
shall be held to be complied with if of the total number
of producers and the total volume of production :epresented in such referendum the percentage assenting to
or favoring is equal to or in excess of the percentage
specified in RCW 15.65.140, 15.65.150 or 15.65.190
(whichever is applicable) as now or hereafter amended:
Provided. That thirty percent of the affected producers
producing thirty percent by volu1!1e of the affected
commodity have been represented in a referendum to
(1975 RCW Supp--p 132)
determine assent or approval of the issuance of a marketing order: Provided further. That a marketing order
shall not become effective when the provisions of subdivision (3) of this section are used unless sixty-five
percent by number of the affected producers producing
fifty-one percent by volume of the affected commodity
or fifty-one percent by number of the affected producers producing sixty-five percent by vo.lume of the affected commodity approve such marketing order;
o:
(3) The director shall consider the assent
dissent or
the approval or disap~roval of. any cooperatlve marke~­
ing association authonzed by its pr.oducer members ~1ther by a majority vote of those voting thereon or by its
articles of incorporation or by its bylaws or by any
marketing or other agreement to market the affected
commodity for such members or to act for _them in any
such referendum as being the assent or dissent or the
approval or disapproval of the producers who ~re
members of or stockholders in or under contract with
such cooperative association of pro.ducers: Pro~id~d,
That the association shall first determine that a maJonty
of its affected producers authorizes its action concerning the specific marketing order. [ 1975 I st ex.s. c 7 § 4;
1961 c 256 § 16.)
15.65.250 Nominations for election to commodity
board. For the purpose of nominating candidate~ to be
voted upon for election to such board memberships, the
director shall call separate meetings of the affected producers and handlers and in case elections shall be by
districts he shall call separate meetings for each district.
However, at the inception any marketing agreement or
order nominations may be at the issuance hearing.
Nomination meetings shall be called annually and at
least thirty days in advance of the date set for the election of board members. Notice of every such meeting
shall be published in a newspaper of general circulation
within the affected area defined in the order or agreement not less than ten days in advance of the date of
such meeting and in addition, written notice of every
such meeting shall be given to all affected producers
and/ or handlers according to the list thereof maintained by the director pursuant to RCW 15.65.200.
However, if the agreement or order provides for election by districts such written notice need be given only
to the producers or handlers residing in or whose principal place of business is within such district. Nonreceipt of notice by any interested person shall not
invalidate proceedings at such meetings. Any qualified
person may be nominated orally for membership upon
such board at the said meetings. Nominations may also
be made within five days after any such meeting by
written petition filed with the director signed by not less
than five producers or handlers, as the case may be, entitled to have participated in said meeting.
When only one nominee is nominated for any position on the board the director shall deem that said
nominee satisfies the requirements of the position and
then it shall be deemed that said nominee has been duly
elected. [1975 !st ex.s. c 7 § 5; 1961 c 256 § 25.)
Enabling Act of 1955
Chapter 15.66
WASHINGTON AGRICULTURAL ENABLING ACT
OF 1955
Sections
15.66.0IO
15.66.060
15.66.090
15.66.120
15.66.130
Definitions.
Lists of affected producers-Notice-Hearing
notice.
Determined assent of affected producers.
Commodity commission-Nominations-Elections-Vacancies.
Commodity commission-Meetings-QuorumCompensation.
15.66.010 Definitions. For the purposes of this.
chapter:
(I) "Director" means the director of agriculture of
the state of Washington or any qualified person or persons designated by the director of agriculture to act for
him concerning some matter under this chapter.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Marketing order" means an order issued by the
director pursuant to this chapter.
(4) "Agricultural commodity" means any distinctive
type of agricultural, horticultural, viticultural, vegetable,
and/or animal product within its natural or processed
state, including bees and honey but not including timber or timber products. The director is authorized to
determine what kinds, types or subtypes should be
classed together as an agricultural commodity for the
purposes of this chapter.
(5) "Producer" means any person engaged in the
business of producing or causing to be produced for
market in commercial quantities any agricultural commodity. For the purposes of RCW 15.66.060, 15.66.090,
and 15.66.120, as now or hereafter amended "producer"
shall include bailees who contract to produce or grow
any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural
product or the agricultural product delivered for further
production or increase.
(6) "Affected producer" means any producer of an
affected commodity.
(7) "Affected commodity" means any agricultural
commodity for which the director has established a list
of producers pursuant to RCW 15.66.060.
(8) "Commodity commission" or "commission"
means a commission formed to carry out the purposes
of this chapter under a particular marketing order concerning an affected commodity.
(9) "Unit" means a unit of volume, quantity or other
measure in which an agricultural commodity is commonly measured.
(10) "Unfair trade practice'' means any practice
which is unlawful or prohibited under the laws of the
state of Washington including but not limited to Titles
15, 16 and 69 RCW and chapters 9.16, 19.24, 19.77, 19.80, 19.84, 19.89, 19.90, and 19.83 RCW, or any practice, whether concerning interstate or intrastate
commerce that is unlawful under the provisions of the
act of Congress of the United States, September 26,
1914, chapter 311, section 5, 38 U.S. Statutes at Large
15.66.060
719 as amended, known as the "Federal Trade Commission Act of 1914", or the violation of or failure accurately to label as to grades and standards in
accordance with any lawfully established grades or
standards or labels.
( 11) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.
(12) "Cooperative association" means any incorporated or unincorporated association of producers which
conforms to the qualifications set out in the act of Congress of the United States, Feb. 18, 1922, chapter 57,
sections I and 2, 42 U.S. Statutes at Large 388 as
amended, known as the "Capper-Volstead Act" and
which is engaged in making collective sales or in marketing any agricultural commodity or product thereof
or in rendering service for or advancing the interests of
the producers of such commodity on a nonprofit cooperative basis.
(13) "Member of a cooperative association" or
"member" means any producer of an agricultural commodity who markets his product through such cooperative association and who is a voting stockholder of or
has a vote in the control of or is under a marketing
agreement with such cooperative association with respect to such product. [1975 1st ex.s. c 7 § 6; 1961 c 11
§ 15.66.010. Prior: 1955 c 191 § I.]
15.66.060 Lists of affected producers-Notice-Hearing notice. Upon receipt of a petition for the issuance, amendment, or termination of a marketing order,
the director shall establish a list of producers of the agricultural commodity affected or make any such existing list current. In establishing or making current such a
list of producers and their individual production, the
director shall publish a notice to producers of the commodity to be affected requiring them to file with the director a report showing the producer's name, mailing
address, and the yearly average quantity of the affected
commodity produced by him in the three years preceding the date of the notice or in such lesser time as the
producer has produced the commodity in question.
Such information as to production may also be accepted from other valid sources if readily available. The
notice shall be published once a week for four consecutive weeks in such newspaper or newspapers, including
a newspaper or newspapers of general circulation within
the affected areas, as the director may prescribe, and
shall be mailed to all affected producers on record with
the director. All reports shall be filed with the director
within twenty days from the last date of publication of
the notice or within thirty days after the mailing of the
notice to affected producers, whichever is the later. The
director shall keep such lists at all times as current as
possible and may require information from affected
producers at various times in accordance with rules and
regulations prescribed by the director: Provided, That
any commission established under the provisions of this
chapter may at its discretion prior to any election for
any purpose by such commission carry out the above
stated mandate to the director for establishing a list of
producers and their individual production, and supply
11975 RCW Supp---p 1331
15.66.060
Title 15:
Agriculture and Marketing
the director with a current list of all producers subject
to the provisions of the marketing order under which it
was formed.
Such producer list shall be final and conclusive in
making determinations relative to the assent by producers upon the issuance, amendment or termination of
a marketing order and in elections under the provisions
of this chapter.
The director shall then notify affected producers, so
listed, by mail that the public hearing affording opportunity for them to be heard upon the proposed issuance.
amendment. or termination of the marketing order will
be heard at the time and place stated in the notice.
Such notice of the hearing shall be given not less than
ten days nor more than sixty days prior to the hearing.
[1975 1st ex.s. c 7 § 7; 1969 c 66 §I; 1961cII§15.66.060. Prior: 1955 c 191 § 6.]
15.66.090 Determined assent of affected producers.
After the issuance by the director of the final decision
approving the issuance, amendment. or termination of a
marketing order, the director shall determine by a referendum whether the affected producers assent to the
proposed action or not. The director shall conduct the
referendum among the affected producers based on the
list as provided for in RCW 15.66.060. and the affected
producers shall be deemed to have assented to the proposed issuance or termination order if fifty-one percent
or more by number reply to the referendum within the
time specified by the director, and if, of those replying,
sixty-five percent or more by number and fifty-one
percent or more by volume assent to the proposed order. The producers shall be deemed to have assented to
the proposed amendment order if sixty percent or more
by number and sixty percent or more by volume of
those replying assent to the proposed order. The determination by volume shall be made on the basis of volume as determined in the list of affected producers
created under provisions of RCW 15.66.060, subject to
rules and regulations of the director for such determination. The director shall consider the approval or disapproval of any cooperative marketing association
authorized by its producer members to act for them in
any such referendum, as being the approval or disapproval of the producers who are members of or stockholders in or under contract with such association of
cooperative producers: Provided, That the association
shall first determine that a majority of the membership
of the association authorize its action concerning the
specific marketing order. If the requisite assent is given,
the director shall promulgate the order and shall mail
notices of the same to all affected producers. [ 1975 I st
ex.s. c 7 § 8; 1961 c 11 § 15.66.090. Prior: 1955 c 191 §
9.)
15.66.120
Commodity commission--Nominations--Elections-Vacancies. ~ot less than ninety
days nor more than one hundred and five days prior to
the beginning of each term of each elected commission
member. the director shall give notice by mail to all affected producers of the vacancy and call for nominations in accordance with this section and with the
(1975 RCW Supp---p 134)
provisions of the marketing order and shall give notice
of the final date for filing nominations, which shall not
be less than eighty days nor more than eighty-five days
before the beginning of such term. Such notice shall
also advise that nominating petitions shall be signed by
five persons qualified to vote for such candidates or, if
the number of nominating signers is provided for in the
marketing order, such number as such order provides.
Not less than sixty days nor more than seventy-five
days prior to the commencement of such commission
member term, the director shall submit by mail ballots
to all affected producers, which ballots shall be required
to be returned to the director not less than thirty days
prior to the commencement of such term. Such mail
ballot shall be conducted in a manner so that it shall be
a secret ballot. With respect to the first commission for
a particular commodity, the director may call for nominations in the notice of his decision following the hearing and the ballot may be submitted at the time the
director's proposed order is submitted to the affected
producers for their assent.
Said elected members may be elected from various
districts within the area covered by the marketing order
if the order so provides, with the number of members
from each district to be in accordance with the provisions of the marketing order.
The members of the commission not elected by the
affected producers shall be elected by a majority of the
commission at a meeting of the commission within
ninety days prior to expiration of the term but to fill
nonelective vacancies caused by other reasons than the
expiration of a term, the new member shall be elected
by the commission at its first meeting after the occurrence of the vacancy.
When only one nominee is nominated for any position on the commission, the director shall deem that
said nominee satisfies the requirements of the position
and then it shall be deemed that said nominee has been
duly elected. [1975 1st ex.s. c 7 § 9; 1961 c 11 § 15.66.120. Prior: 1955 c 191 § 12.]
15.66.130 Commodity commission--Meetings-Quorum--Compensation. Each commodity commission shall hold such regular meetings as the marketing
~rder may pres~ribe or that the commission by resolution may prescribe, together with such special meetings
that may be called in accordance with provisions of its
resolutions upon reasonable notice to all members
thereof. A majority of the members shall constitute a
quorum for the transaction of all business of the commi~sion. In t~~ event of a vacancy in an elected or appomted pos1t10n on the commission, the remaining
elected members of the commission shall select a qualified person to fill the unexpired term.
No member of the commission shall receive any salary or other compensation from the commission except
that each member shall receive a specified sum as provided in the marketing order not in excess of thirty-five
dollars per day for each day spent in actual attendance
at or traveling to and from meetings of the commission
or on special assignments for the commission, together
Horses, Mules, Donkeys, Cattle at Large
with subsistence and traveling expense at the rate allowed by law to state employees. [ l 975 1st ex.s. c .7 §
10; 1972 ex.s. c 112 § 3; 1961 c 11 § 15.66.130. Pnor:
1955 c 191 § 13.]
Chapter 15.76
AGRICULTURAL FAIRS, YOUTH SHOWS,
EXHIBITIONS
Sections
15.76.170
Fairs commission-Creation, terms, compensation,
powers and duties.
15. 76.170 Fairs commission--Creation, terms,
compensation, powers and duties. There is hereby created a fairs commission to consist of the director of agriculture as ex officio member and chairman, and seven
members appointed by the director to be persons who
are interested in fair activities; at least three of whom
shall be from the east side of the Cascades and three
from the west side of the Cascades and one member at
large. The first appointment shall be: Three for a one
year term, two for a two year term, and two for a three
year term, and thereafter the appointments shall be for
three year terms.
Appointed members of the commission shall receive
thirty-five dollars per diem for each day actually spent
on commission business plus actual travel expense payable on proper vouchers submitted to and approved by
the director, and payable from that portion of the state
fair fund set aside for administrative costs under this
chapter. The commission shall meet at the call of the
chairman, but at least annually. It shall be the duty of
the commission to act as an advisory committee to the
director, to assist in the preparation of the merit rating
used in. determining allocations to be made to fairs, and
to perform such other duties as may be required by the
director from time to time. [ 1975 I st ex.s. c 7 § l l; l 961
c61§8.]
Title 16
ANIMALS, ESTRA YS, BRANDS AND
FENCES
Chapters
16.13 Horses, mules, donkeys, cattle at large.
16.24 Stock restricted areas.
16.28 Estrays.
16.49A Washington meat inspection act.
16.67 Washington state beef commission act.
Chapter 16.13
HORSES, MULES, DONKEYS, CATTLE AT
LARGE
Sections
16.13.010
16.13.020
16.13.030
16.13.040
Horses, mules, donkeys, or cattle not permitted at
large-Exceptions.
Public nuisance-Impounding.
Where 1m1JOunded-_-Identifying animal.
Nolice of 1mpoundmg-Publication-Copy to
owner.
16.13.060
16.13.060
Sale of animal.
16.13.010 Horses, mules, donkeys, or cattle not permitted at large--Exceptions. It shall be unlawful for
the owner of any horses, mules, donkeys, or cattle of
any age to permit such animals to run at large and not
under the care of a herder: Provided, That such animals
may run at large upon lands belonging to the state or to
the United States when the owner thereof has in writing
been granted grazing privileges, and has filed a copy of
such permit or certificate with the director of agriculture: Provided further, That cattle of any age may run
at large in a range area as provided in chapter 16.24
RCW without a herder. [ 1975 I st ex.s. c 7 § 13; 1951 c
31 § l.]
16.13.020 Public nuisance--lmpounding. Any
horses, mules, donkeys, or cattle of any age running at
large in violation of RCW 16.13.010 as now or hereafter
amended are declared to be a public nuisance, and shall
be impounded by the sheriff of the county where found.
[1975 !st ex.s. c 7 § 14; 1951 c 31 § 2.]
16.13.030 Where impounded--ldentifying animal.
Upon taking custody of any animal, the sheriff shall
cause it to be transported to and impounded at the
nearest public livestock market licensed under chapter
16.65 RCW or at such place as approved by the director. The sheriff shall forthwith notify the nearest brand
inspector of the department of agriculture, who shall
examine the animal and by brand, tattoo, or other
identifying characteristic, shall attempt to ascertain the
ownership thereof. [ 1975 1st ex.s. c 7 § 15; 1951 c 31 §
3.]
16.13.040 Notice of impounding--Publication-Copy to owner. The brand inspector shall cause to be
published once in a newspaper published in the county
where the animal was found, a notice of the
impounding.
The notice shall state:
(I) A description of the animal, including brand, tattoo or other identifying characteristics;
(2) When and where found;
(3) Where impounded; and
(4) That if unclaimed, the animal will be sold at a
public livestock market sale, and the date of such sale:
Provided, That if no newspaper shall be published in
such county, copies of the notice shall be posted at four
commonly frequented places therein.
If the animal is marked with a brand or tattoo which
is registered with the director of agriculture. the brand
inspector, on or before the date of publication or posting, shall send a copy of the notice to the owner of
record by registered mail. [1975 !st ex.s. c 7 § 16; 1951
c 31 § 4.]
16.13.060 Sale of animal. If no person shall claim
the animal within ten days after the date of publication
or posting of the notice, it shall be sold at the next succeeding public livestock market sale to be held at the
sales yard where impounded. [1975 1st ex.s. c 7 § 17;
1951 c 31 § 6.]
(1975 RCW Supp--p 135[
Chapter 16.24
Title 16:
Animals, Estrays, Brands and Fences
Chapter 16.24
STOCK RESTRICTED AREAS
Sections
16.:!4.040
Penalty.
16.24.040 Penalty. Any person, or any agent, employee or representative of a corporation, violating any
of the provisions of such order after the same shall have
been published or posted as provided in RCW 16.24.030 or, violating any provision of this chapter, shall be
guilty of a misdemeanor. [1975 c 38 §I; 1911c25 § 4;
RRS § 3071.]
Chapter 16.28
ESTRAYS
Sections
16.28.0 IO
through 16.28.150 Repealed.
16.28.010 through 16.28.150 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 16.49A
WASHINGTON MEAT INSPECTION ACT
Sections
16.49A.130 "Meat food product".
16.49A.150 "Capable of use as human food".
16.49A.300 Containers, closing or sealing--Labeling requirements--False or misleading labels--Hearing-Appeal from director's determination.
16.49A.340 Unlawful acts as to official devices, labels, certificates,
etc.
16.49A.130
"Meat food product".
Frozen meat and meat food products--Labeling requirements:
RCW 69.04.930.
16.49A.150
"Capable of use as human food".
July I, 1977 the assessment of twenty cents per head
shall be reduced to ten cents per head, unless the director finds, after a hearing held in accordance with the
Administrative Procedure Act, chapter 34.04 RCW,
which shall be held at least sixty days prior to July l,
1977, that the assessment should be otherwise, but in no
instance may such assessment exceed twenty cents per
head: Provided further if such sale is accompanied by a
brand inspection by the department such assessment
shall be collected at the same time, place and in the
same manner as brand inspection fees. Such fees shall
be collected by the regulatory division of the department and transmitted to the commission: Provided further, That, if such sale is made without a brand
inspection by the department the assessment shall be
paid by the seller and transmitted directly to the commission not later than thirty days following the sale.
[1975 lst ex.s. c 93 § I; 1969 c 133 § 11.]
Title 17
WEEDS, RODENTS AND PESTS
Chapters
17.10 Noxious weeds--Control boards.
17.21 Washington pesticide application act.
Chapter 17.10
NOXIOUS WEEDS--CONTROL BOARDS
Sections
17.IO.OIO
17.I0.040
17.I0.050
17.I0.070
17.I0.080
Frozen meat and meat food products--Labeling requirements:
RCW 69.04.930.
17.IO.I IO
17.I0.150
16.49A.300 Containers, closing or sealing--Labeling requirements--False or misleading labels-Hearing--Appeal from director's determination.
17.I0.170
Frozen meat and meat food products--Labeling requirements:
RCW 69.04.930.
16.49A.340 Unlawful acts as to official devices, labels,
certificates, etc.
Frozen meat and meat food products--Labeling requirements:
RCW 69.04.930.
Chapter 16.67
WASHINGTON STATE BEEF COMMISSION ACT
Sections
16.67.120
Levy of assessment.
16.67.120 Lev} of assessment. There is hereby levied
an assessment of twenty cents per head on all
Washington cattle sold in this state or elsewhere to be
paid by the seller at the time of sale: Provided, That on
(1975 RCW Supp--p 1361
17.I0.190
17.I0.205
17.I0.240
17.I0.250
17.10.280
17.10.290
17.I0.300
17.10.900
17.I0.905
Definitions.
Activation of inactive county noxious weed control
board.
Activated county noxious weed control board-Members--Election--Meetings----Quorum-Expenses--Officers--Vacancy.
State noxious weed control board--Powers.
Proposed noxious weed list--Adoption by state noxious weed control board--Dissemination.
Regional noxious weed control board---Creation.
Owner's duty in controlling noxious weeds on nonagricultural land--Buffer strip defined--Limitation.
Finding presence of noxious weeds--Failure of owner
to control---Control by county board--Liability
of owner for expense--Lien--Altemative.
Notice and information as to noxious weed control.
Control of noxious weeds in open areas.
Special assessments, appropriations for weed control--Indian reservation lands.
Applications for state financial aid.
Lien for labor, material, equipment used in controlling
noxious weeds.
Lien for labor, material, equipment used in controlling
noxious weeds--Notice of lien.
Lien for labor, material, equipment used in controlling
nox10us weeds---Claim--Filing---Contents.
Weed d1stncts--Continuation--Dissolution.
Purpose---Construction--1975 1st ex.s. c 13.
1_7.10.010. Definitions. Unless a different meaning is
plamly reqmred .by the context, the following words and
phrases as heremafter used in this chapter shall have
the following meanings:
(I) "No~iou~ weed" means any plant growing in a
county which 1s determmed by the state noxious weed
control board to be injurious to crops, livestock, or
Noxious Weeds--Control Boards
other property and which is included for purpose of
control on such county's noxious weed list.
(2) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or
subdivision thereof, or any other entity.
(3) "Owner" means the person in actual control of
property, or his agent, whether such control is based on
legal or equitable title or on any other interest entitling
the holder to possession and, for purposes of liability,
pursuant to RCW 17.10.170 or 17.10.210, means the
possessor of legal or equitable title or the possessor of
an easement: Provided, That when the possessor of an
easement has the right to control or limit the growth of
vegetation within the boundaries of an easement, only
the possessor of such easement shall be deemed, for the
purpose of this chapter, an "owner" of the property
within the boundaries of such easement.
(4) As pertains to the duty of an owner, the word
"control" and the term "prevent the spread of noxious
weeds" shall mean conforming to the standards of noxious weed control or prevention adopted by rule or regulation by an activated county noxious weed control
board.
(5) "Agent" means any occupant or any other person
acting for the owner and working or in charge of the
land.
(6) "Agricultural purposes" are those which are intended to provide for t.he growth and harvest of food
and fiber. [1975 lst ex.s. c 13 § l; 1969 ex.s. c 113 § l.]
17.10.040 Activation of inactive county noxious weed
control board. An inactive county noxious weed control
board may be activated by any one of the following
methods:
(l) Either within sixty days after a petition is filed by
one hundfed landowners each owning one acre or more
of land within the county or, on its own motion, the
county legislative authority shall hold a hearing to determine whether there is a need, due to a damaging infestation of noxious weeds, to activate the county
noxious weed control board. If such a need is found to
exist, then the county legislative authority shall, in the
manner provided by RCW 17.10.050, appoint five persons to hold seats on the county's noxious weed control
board.
(2) If the county's noxious weed control board is not
activated within one year following a hearing by the
county legislative authority to determine the need for
activation, then upon the filing with the state noxious
weed control board of a petition comprised either of the
signatures of at least two hundred owners, each owning
one acre of land or more within the county, or of the
signatures of a majority of an adjacent county's noxious
weed control board, the state board shall, within six
months of the date of such filing, hold a hearing in the
county to determine the need for activation. If a need
for activation is found to exist, then the state board
shall order the county legislative authority to activate
the county's noxious weed control board and to appoint
members to such board in the manner provided by
RCW 17.10.050. [1975 lst ex.s. c 13 § 2; 1969 ex.s. c 113
§ 4.]
17.10.050
17 .10.050 Activated county noxious weed control
board--Members--Election--Meetings--Quorum--Expenses--Officers--Vacancy. ( l) Each
activated county noxious weed control board shall consist of five voting members who shall, at the board's inception, be appointed by the county legislative
authority and elected thereafter by the property owners
subject to the board. In appointing such voting members, the county legislative authority shall divide the
county into five sections, none of which shall overlap
and each of which shall be of the same approximate
area, and shall appoint a voting member from each
section. At least four of such voting members shall be
engaged in the primary production of agricultural products. There shall be one nonvoting member on such
board who shall be the chief county extension agent or
an extension agent appointed by the chief county extension agent. Each voting member of the board shall
serve a term of two years, except that the county legislative authority shall, when a board is first activated
under this chapter, designate two voting members to
serve terms of one year. The board members shall not
receive a salary but shall be compensated for actual and
necessary expenses incurred in the performance of their
official duties.
(2) The elected members of the board shall represent
the same districts designated by the county legislative
authority in appointing members to the board at its inception. Members of the board shall be elected at least
thirty days prior to the expiration of any board member's term of office.
The nomination and election of elected board members shall be conducted by the board at a public meeting held in the section where board memberships are
about to expire. Elections at such meetings shall be by
secret ballot, cast by the landowners residing in the
section where an election for a board member is being
conducted. The nominee receiving the majority of votes
cast shall be deemed elected, and if there is only one
nomination, said nominee shall be deemed elected
unanimously.
Notice of such nomination and election meeting shall
be mailed to all affected landowners thirty days prior to
such meeting. Notice shall be published at least twice in
a weekly or daily newspaper of general circulation in
said section: Provided, That mailed notice shall not be
required if assessments provided for in RCW 17.10.240
as now or hereafter amended are not invoked.
(3) Within thirty days after all the members have
been appointed, the board shall conduct its first meeting. A majority of the voting members of the board
shall constitute a quorum for the transaction of business
and shall be necessary for any action taken by the
board. The board shall elect from its members a chairman and such other officers as may be necessary.
. ~4) In case of a vacan~y occurring in any elected position on a county nox10us weed control board, the
county. legislative authority of the county in which such
board is located shall appoint a qualified person to fill
the vacancy for the unexpired term. [ 1975 1st ex.s. c 13
§ 3; 1974 ex.s. c 143 § 1; 1969 ex.s. c 113 § 5.]
[1975 RCW Supp--p 137)
17.10.070
Title 17:
Weeds, Rodents and Pests
17. 10.070 State noxious weed control board-Powers. In addition to the powers conferred on the state
noxious weed control board under other provisions of
this chapter. it shall have power to:
(I) Require the county legislative authority or the
noxious weed control board of any county to report to
1t concerning the presence of noxious weeds and measures. if any. taken or planned for the control thereof:
(2) Employ a state weed supervisor who shall act as
executive secretary of the board and who shall disseminate information relating to noxious weeds to county
noxious weed control boards and who shall work to coordinate the efforts of the various county and regional
noxious weed control boards:
(3) Do such things as may be necessary and incidental to the administration of its functions pursuant to
this chapter. [ 1975 Ist ex.s. c 13 § 4; 1969 ex.s. c 113 §
7.)
17. 10.080 Proposed noxious weed list--Adoption
by state noxious weed control board--Dissemination.
The state noxious weed control board shall each year or
more often. following a hearing. adopt a list comprising
the names of those plants which it finds to be injurious
to crops. livestock or other property. At such hearing
any county noxious weed control board may request
the inclusion of any plant to the list to be adopted by
the state board.
Such list when adopted shall be designated as the
"proposed noxious weed list", and the state board shall
send a copy of the same to each activated county noxious weed control board, to each regional noxious weed
control board, and to the county legislative authority of
each county with an inactive noxious weed control
board. [1975 1st ex.s. c 13 § 5; 1969 ex.s. c 113 § 8.)
17.10.110 Regional noxious weed control board-Creation. A regional noxious weed control board comprising the area of two or more counties may be created
as follows:
Either each county legislative authority or each noxious weed control board of two or more counties may,
upon a determination that the purpose of this chapter
will be served by the creation of a regional noxious
weed control board, adopt a resolution providing for a
limited merger of the functions of their respective
counties noxious weed control boards. Such resolution
shall become effective only when a similar resolution is
adopted by the other county or counties comprising the
proposed regional board. [1975 !st ex.s. c 13 § 6; 1969
ex.s. c 113 § 11.]
17.10.150 Owner's duty in controlling noxious weeds
on nonagricultural land-·-Buffer strip defined-Limitation. (I) The county noxious weed control board
in each county may classify lands for the purposes of
this chapter. In regard to any land which is classified .by
the count\ noxious weed control board as not bemg
used for agricultural purposes, the owner thereof shall
haYe the following limited duty to control noxious
weeds present on such land:
[1975 RCW Supp--p 138)
(a) The owner shall control and prevent the spread of
noxious weeds on any portion of such land which is
within the buffer strip around land used for agricultural
purposes. The buffer strip shall be land which is within
one thousand feet of land used for agricultural
purposes.
(b) In any case of a serious infestation of a particular
noxious weed, which infestation exists within the buffer
strip of land described in paragraph (a) of subsection
(I) of this section, and which extends beyond said buffer strip of land, the county noxious weed control board
may require that the owner of such buffer strip of land
take such measures, both within said buffer zone of
land as well as on other land owned by said owner
contiguous to said buffer strip of land on which such
serious infestation has spread, as are necessary to control and prevent the spread of such particular noxious
weed.
For purposes of this subsection, land shall not be
classified as or considered as being used for agricultural
purposes when the sole reason for classifying or considering it as such is that it is being used for the growing,
planting or harvesting of trees for timber.
(2) In regard to any land which is classified by the
county noxious weed control board as scab or range
land, the board may limit the duty of the owner thereof
to control noxious weeds present on such land. The
board may share the cost of controlling such weeds,
may provide for a buffer strip around the perimeter of
such land or may take any other reasonable measures
to control noxious weeds on such land at an equitable
cost to the owner. The board shall classify as range or
scab land all that land within the county for which the
board finds that the cost of controlling all of the noxious weeds present would be disproportionately high
when compared to the benefits derived from noxious
weed control on such land. [1975 !st ex.s. c 13 § 7; 1974
ex.s. c 143 § 2; 1969 ex.s. c 113 § 15.]
17.10.170 Finding presence of noxious weeds-Failure of owner to control-Control by county
board--Liability of owner for expense--Lien-Alternative. (I) Whenever the county noxious weed
control board finds that noxious weeds are present on
any parcel of land, and that the owner thereof is not
taking prompt and sufficient action to control the same,
pursuant to the provisions of RCW 17.10.140, it shall
notify such owner that a violation of this chapter exists.
Such notice shall be in writing, identify the noxious
weeds found to be present, order prompt control action,
and specify the time within which the prescribed action
must be taken.
(2) If the owner does not take action to control the
noxious weeds in accordance with the notice, the county board may control them, or cause their being controlled, at the expense of the owner. The amount of
such expense shall constitute a lien against the property
and may be enforced by proceedings on such lien except as provided for by RCW 79.44.060. The owner
shall be liable for payment of the expense, and nothing
in this chapter shall be construed to prevent collection
of any judgment on account thereof by any means
Noxious Weeds--Control Boards
available pursuant to law, i.n su?stitution for enforcement of the lien. Funds received m payment for the expense of controlling noxious weeds shall be transferred
to the county noxious weed control board to be e~­
pended as required to carry out the purposes of this
chapter.
(3) The county auditor shall record in his o~ce any
lien created under this chapter, and any such hen shall
bear interest at the rate of eight percent per annum
from the date on which the county noxious weed control board approves the amount expended in controlling
such weeds.
(4) As an alternative to the enforcement of any lien
created under subsection (2) of this section, the county
legislative authority may by resolution or ordinance require that each such lien created shall be collected by
the treasurer in the same manner as a delinquent real
property tax, if within thirty days from the date the
owner is sent notice of the lien, including the amount
thereof, the lien remains unpaid and an appeal has not
been made pursuant to RCW 17.10.180. Liens treated
as delinquent taxes shall bear interest at the same rate
as delinquent real property taxes and such interest shall
accrue as of the date notice of the lien is sent to the
owner: Provided, That any collections for such lien
shall not be considered as tax. [ 1975 1st ex.s. c 13 § 8;
1974 ex.s. c 143 § 3; 1969 ex.s. c 113 § 17.]
17.10.190 Notice and information as to noxious weed
control. Each activated county noxious weed control
board shall cause to be published in at least one newspaper of general circulation within its area a general
notice during the month of March and at such other
times as may be appropriate. Such notice shall direct
attention to the need for noxious weed control and shall
give such other information with respect thereto as may
be appropriate, or shall indicate where such infor1!1ation
may be secured. In addition to the general notice required hereby, the county noxious weed control board
may use any appropriate media for the dissemination. of
information to the public as may be calculated to bnng
the need for noxious weed control to the attention of
owners. The board may consult with individual owners
concerning their problems of noxious weed control and
may provide them with information and advice, including giving specific instructions and methods when and
how certain named weeds are to be controlled. Such
methods may include definite systems of tillage, cropping, management, and use of livestock. Publication of
a notice as required by this section shall not be a condition precedent to the enforcement of this chapter.
[1975 !st ex.s. c 13 § 9; 1969 ex.s. c 113 § 19.]
17.10.205 Control of noxious weeds in open areas.
Open areas subject to the spread of noxious weeds,
other than crop land, including but not limited to subdivisions, school grounds, playgrounds, parks, and
rights of way shall be subject to regulation by activated
county noxious weed control boards in the same manner and to the same extent as is provided for agricultural lands. [1975 1st ex.s. c 13 § 16.]
17.10.250
17 .10.240 Special assessments, appropriations for
weed control--Indian reservation lands. (I) The activated county weed control boards of each c?un~y shall
annually submit a budget to the county leg1slat1ve authority for the operating cost of the county's weed program for the ensuing fiscal year. Control of weeds 1s a
special benefit to the lands within any such district. The
county legislative authority may, in lieu of a tax, levy
an assessment against the land for this purpose. Prior to
the levying of an assessment the county weed control
board shall hold a public hearing at which it shall gather information to serve as a basis for classification and
shall then classify the lands into suitable classifications.
The board shall develop and forward to the county legislative authority, as a proposed level of assessment for
each class, such an amount as shall seem just, but
which shall be uniform per acre in its respective class:
Provided, That if no special benefits should be found to
accrue to a class of land, a zero assessment may be levied. The legislative authority, upon receipt of the proposed levels of assessment from the board, after a
hearing, shall accept, modify, or refer back to the board
for their reconsideration all or any portion of the proposed levels of assessment. The findings by the county
legislative authority of such special benefits, when so
declared by resolution and spread upon the minutes of
said authority shall be conclusive as to whether or not
the same constitutes a special benefit to the lands within
the district.
(2) In addition, the county legislative authority may
appropriate money from the county general fund ~ec­
essary for the administration of the county nox~ous
weed control program. In addition the county leg1slative authority may make emergency appropriations as it
deems necessary for the implementation of this chapter.
(3) Neither the legislative authority of a county nor
the county weed control board activated in a county
shall expend money from the county general fund or
assessments levied for the operation of such activated
county weed control board on any lands within the
boundaries of any Indian reservation unless the tribal
council of such reservation contracts with the legislative
authority of the county and its activated weed control
board to carry out its program on such reservation
lands: Provided, That the fees charged any Indian reservation for services rendered by the weed control
board in controlling weeds on Indian reservation lands
shall be no less than the fees assessed land owners of
similar lands within the county jurisdiction of such activated weed control board. [ 1975 I st ex.s. c 13 § 10;
1969 ex.s. c 113 § 24.]
17.10.250 Applications for state financial aid. The
legislative authority of any county with an activated
noxious weed control board may apply to the state
noxious weed control board for state financial aid in an
amount not to exceed fifty percent of the locally funded
portion of the annual operating cost of such noxious
weed control board. Any such aid shall be expended
from the general fund from such appropriation as the
legislature may provide for this purpose. [1975 1st ex.s.
c 13 § 11; 1969 ex.s. c 113 § 25.]
11975 RCW Supp---p 139)
17.10.280
Title 17:
Weeds, Rodents and Pests
17 .10.280 Lien for labor, material, equipment used in
controlling noxious weeds. Every activated county noxious \\eed board performing labor upon, furnishing material. or renting. leasing or otherwise supplying
equipment. to be used in the control of noxious weeds.
or in causing control of noxious weeds upon any propert_\ pursuant to the provisions of chapter 17.10 RCW
has a lien upon such property for the labor performed,
material furnished, or equipment supplied whether performed. furnished. or supplied with the consent of the
owner. or his agent, of such property, or without the
consent of said owner or agent. [ 1975 1st ex.s. c 13 §
13.]
17.10.290 Lien for labor, material, equipment used in
controlling noxious weeds--Notice of lien. Every
county noxious weed control board furnishing labor.
materials. or supplies or renting, leasing, or otherwise
supplying equipment to be used in the control of noxious weeds upon any property pursuant to RCW 17.10.160 and 17.10.170 or pursuant to an order under RCW
17. I 0.210 as now or hereafter amended, shall give to the
owner or reputed owner or his agent a notice in writing.
within ninety days from the date of the cessation of the
performance of such labor, the furnishing of such materials. or the supplying of such equipment, which notice shall cover the labor, material, supplies, or
equipment furnished or leased, as well as all subsequent
labor. materials, supplies, or equipment furnished or
leased. stating in substance and effect that such county
noxious weed control board is furnishing or has furnished labor, materials and supplies or equipment for
use thereon, with the name of the county noxious weed
board ordering the same, and that a lien may be
claimed for all materials and supplies or equipment furnished by such county noxious control board for use
thereon. which notice shall be given by mailing the
same by registered or certified mail in an envelope addressed to the owner at his place of residence or reputed residence. [1975 !st ex.s. c 13 § 14.]
17.10.300 Lien for labor, material, equipment used in
controlling noxious weeds--Claim--Filing--Contents. No lien created by RCW 17.10.280 shall exist,
and no action to enforce the same shall be maintained,
unless within ninety days from the date of cessation of
the performance of such labor. furnishing of materials,
or the supplying of such equipment, a claim for such
lien. shall be filed for record as hereinafter provided, in
the office of the county auditor of the county in which
the property, or some part thereof to be affected thereby. is situated. Such claim shall state, as nearly as may
be. the time of the commencement and cessation of
performing the labor. furnishing the material, or supplying the equipment. the name of the county noxious
weed control board which performed the labor, furnished the material. or supplied the equipment, a description of the property to be charged with the lien
sufficient for identification. the name of the owner. or
reputed owner if known, or his agent, and if the owner
is not known. that fact shall be mentioned, the amount
for which the lien is claimed. and shall be signed by the
(1975 RCW Supir-;> 140(
county noxious weed control board. and be verified by
the oath of the county noxious weed control board. to
the effect that the affiant believes that claim to be just;
and such claim of lien may be amended in case of action brought to foreclose the same. by order of the
court, as pleadings may be, insofar as the interest of
third parties shall not be affected by such amendment.
A claim or lien substantially in the same form provided
by RCW 60.04.060 and not in conflict with this section
shall be sufficient. [1975 1st ex.s. c 13 § 15.]
17 .10.900 Weed districts--Continuation--Dissolution. Any weed district formed under chapter 17.04
or 17 .06 RCW prior to the enactment of this chapter.
shall continue to operate under the provisions of the
chapter under which it was formed: Provided, That if
ten percent of the landowners subject to any such weed
district, and the county weed board upon its own motion, petition the county legislative authority for a dissolution of the weed district, the county legislative
authority shall provide for an election to be conducted
in the same manner as required for the election of directors under the provisions of chapter 17.04 RCW, to
determine by majority vote of those casting votes, if
such weed district shall continue to operate under the
act it was formed. The land area of any dissolved weed
district shall forthwith become subject to the provisions
of this chapter. [1975 1st ex.s. c 13 § 12; 1969 ex.s. c 113
§ 26.]
17.10.905 Purpose--Construction--1975 1st
ex.s. c 13. The purpose of this chapter is to limit economic loss due to the presence and spread of noxious
weeds on or near agricultural land.
The intent of the legislature is that this chapter be
liberally construed, and that the jurisdiction, powers,
and duties granted to the county noxious weed control
boards by this chapter are limited only by specific provisions of this chapter or other state and federal law.
[1975 !st ex.s. c 13 § 17.]
Chapter 17.21
WASHINGTON PESTICIDE APPLICATION ACT
Sections
17.21.330
Special programs due to use or misuse of restricted herbicides-Fees-Hearings. (Section expires July I,
1980.)
17 .21.330 Special programs due to use or misuse of
rest.ricted herbicides--Fees--Hearings. (Section
exp1~es July 1, 1980.) For the purpose of implementing
special programs necessary to eliminate problems created by the use or misuse of any one or all formulations
of herbicides restricted under the provisions of RCW
17.21.030, the director of the department of agriculture
is authorized to establish fees necessary to carry out
such_ special programs. The director shall hold a public
hearing on or before May 1 of each year to determine
the need for such special programs and the assessment
for the following fiscal year. On or after June 12, 1975
the director may immediately initiate hearing procedures to implement this sectioq. The pesticide advisory
18.04.220
Accountancy
board shall review, each year, the need for su~h speci~I
programs prior to the public. hea~ing and advise the director of its findings as provided m. RCW l~.21.250. To
carry out the purposes of this sectton the dtrector m.ay
enter into agreements with o.ther. go~er~ment age?cies
and research entities, includmg mstitut10ns of higher
learning. Fees collected pursuant to. this se~ti.on s~all be
paid by the first distributor of s~1~ herbicides 1.n the
state of Washington and shall be hm1ted to a maximum
of ten cents per pound of active ingredient. The first
distributor of said herbicides shall pay a minimum fee
of five dollars per six month reporting period as established by regulation of the department.
The provisions of this section shall expire on July I,
1980, and thereafter be of no further force and effect
whatsoever. [1975 c 27 § I.]
Title 18
BUSINESSES AND PROFESSIONS
Chapters
18.04 Accountancy.
18.08 Architects.
18.15 Barbering--Men's hairstyling.
18.18 Cosmetology.
18.20 Boarding homes.
18.22 Podiatry.
18.25 Chiropractic.
18.26 Chiropractic disciplinary board.
18.28 Debt adjusting.
18.29 Dental hygienist.
18.32 Dentistry.
18.34 Dispensing opticians.
18.35 Hearing aids.
18.36 Drugless healing.
18.37 Electricians.
18.39 Embalmers--Funeral directors.
18.43 Engineers and land surveyors.
18.50 Midwifery.
18.51 Nursing homes.
18.52 Nursing home administrators.
18.53 Optometry.
18.54 Optometry board.
18.57 Osteopathy.
18.57A Osteopathic physicians' assistants.
18.64 Pharmacists.
18.71 Physicians.
18.71A Physicians' assistants.
18.72 Medical disciplinary board.
18.74 Physical therapy.
18.78 Practical nurses.
18.82 Proprietary schools.
18.83 Psychologists.
18.88 Registered nurses.
18.90 Sanitarians.
18.92 Veterinary medicine, surgery and dentistry.
18.96 Landscape architects.
18.106 Plumbers.
18.108 Massage operators and businesses.
Chapter 18.04
ACCOUNTANCY
Sections
18.04.160
18.04.200
18.04.220
18.04.280
18.04.290
Successive examinations-Application fees.
Requirements as to C.P.A. partnerships.
Requirements as to LP.A. partnerships.
Application for partnership registration.
Annual permits-Issuance-Duration-FeePrerequisite to annual renewal.
18.04.160 Successive examinations--Application
fees. A candidate who fails an examination shall have
the right to take succeeding examinations subject to
such rules and regulations as the board may adopt governing reexaminations. The board may for good cause
shown, waive the requirement that a candidate must
have taken an examination at least once a year. An application for examination or reexamination in any subject shall be accompanied by a fee in an amount
determined by the board in accordance with this chapter not to exceed seventy-five dollars. [I 975 I st ex.s. c
229 § I; 1969 c 114 § 2; 1949 c 226 § 15; Rem. Supp.
1949 § 8269-22.]
18.04.200 Requirements as to C.P.A. partnerships.
The director of motor vehicles shall register a partnership as a partnership of certified public accountants if
the partnership meets the following requirements:
(I) At least one partner must hold a valid certificate
to practice in this state as a certified public accountant;
(2) Each partner personally engaged within this state
in the practice of public accounting must hold a valid
certificate to practice in this state as a certified public
accountant; and
(3) Each partner must hold a valid certificate, license,
permit or degree authorizing him to practice as a certified public accountant in a state, territory, or possession
of the United States;
(4) Each resident manager in charge of an office of
the partnership in this state must hold a valid certificate
to practice in this state as a certified public accountant;
and
(5) The application for registration as a partnership
of certified public accountants must be approved by the
board.
Application for such registration shall be in writing,
sworn to by a partner of such partnership who holds a
valid certificate to practice in this state as a certified
public accountant. A notice of amendment shall be filed
with the board within one month after the admission to,
or withdrawal of a partner from, any partnership so
registered. A fee in an amount determined by the board
in accordance with this chapter not to exceed thirty
dollars must accompany each original application and
each notice of amendment. [I 975 1st ex.s. c 229 § 2;
1969 c 114 § 3; 1949 c 226 § 19; Rem. Supp. 1949 §
8269-26. Prior: 1937 c 41 § 3; RRS § 8268-3.]
18.04.220 Requirements as to LP.A. partnerships.
The director of motor vehicles shall register a partnership as a partnership of licensed public accountants if
the partnership meets the following requirements:
[1975 RCW Supp--p 1411
18.0".220
Title 18:
Businesses and Professions
(I) .\t least one general partner must hold a valid
certificate to practice in this state as a certified public
accountant or a \alid license to practice in this state as
a licensed public accountant:
(2) Each partner personally engaged within this state
in the practice of public accounting must hold a valid
certificate to practice in this state as a certified public
accountant or a valid license to practice in this state as
a licensed public accountant:
(3) Each partner must hold a valid certificate, license,
permit or degree authorizing him to practice as either a
certified public accountant or a licensed public accountant in a state, territory, or possession of the United States:
(4) Each resident manager in charge of an office of
the partnership in this state must hold a valid certificate
to practice in this state as a certified public accountant
or a valid license to practice in this state as a licensed
public accountant: and
(5) The application for registration as a partnership
of licensed public accountants must be approved by the
board.
Application for such registration shall be in writing,
sworn to by a partner of such partnership who holds a
valid certificate to practice in this state as a certified
public accountant or a valid license to practice in this
state as a licensed public accountant. A notice of
amendment shall be filed with the board within one
month after the admission to, or withdrawal of a partner from. any partnership so registered. A fee in an
amount determined by the board in accordance with
this chapter not to exceed thirty dollars must accompany each original application and each notice of amendment. [1975 1st ex.s. c 229 § 3; 1969 c 114 § 4; 1949 c
226 § 21; Rem. Supp. 1949 § 8269-28.]
the entire e~ami?ation given hy the examining committee as provided m RCW 18.04.120 as now or hereafter
amended. Such permits shall expire on the thirtieth day
of June of each year. The annual fee for a permit to
practice public accounting in this state shall be in an
amount determined by the board in accordance with
this chapter not to exceed fifty dollars. In the event the
holder of a permit fails to renew the same prior to the
expiration thereof such failure shall not deprive a person or partnership otherwise entitled to such permit of
the right to renew the same upon the payment of the
fees which the applicant would have been required to
pay if the permit had been renewed prior to its
expiration.
(2) Every person practicing public accounting shall as
a prerequisite to annual renewal of such permit, submit
to the Washington state board of accountancy satisfactory proof of having, during the preceding three years,
completed fifteen days or an accumulation of one hundred twenty hours of continuing education recognized
and approved by the board: Provided, That this subsection shall not apply to applications for renewal until
three years after July 16, 1973: Provided, That this requirement may be waived by the board for good cause.
[1975 !st ex.s. c 229 § 5: 1973 !st ex.s. c 23 § I; 1969 c
114 § 6: 1949 c 226 § 28; Rem. Supp. 1949 § 8269-35.
Prior: 1933 ex.s. c 56 § 2; RRS § 8269-2.]
Chapter 18.08
ARCHITECTS
Sections
18.08.150
18.08.190
18.08.220
Application for examination-Fee.
Expiration of certificate-Renewal-Fee--Withdrawal of registrant.
Reinstatement of certificate-Replacement of lost or
destroyed certificate, charge.
18.04.280 Application for partnership registration.
Application for registration shall be in writing sworn to
by a partner of the applicant partnership who holds a
certificate to practice in this state as a certified public
accountant or a license to practice in this state as a licensed public accountant or is a registered public accountant of this state. A notice of amendment shall be
filed with the board within one month after the admission to, or withdrawal of a partner from, any partnership so registered. A fee in an amount determined by
the board in accordance with this chapter not to exceed
thir~y dollars shall accompany each original application
and each notice of amendment. [1975 1st ex.s. c 229 §
4; 1969 c 114 § 5: 1949 c 226 § 27; Rem. Supp. 1949 §
8269-34.]
18.08.150 Application for examination--Fee. All
applications for examination must be filed with the director not less than sixty days prior to the date set for
the examination. The application fee shall be determined by the director as provided in RCW 43.24.085 as
now or hereafter. amended. Should the director deny issuance of a certificate of registration to any applicant,
the examination fee shall not be refundable. Graduates
of an approve~ ar~hitectural college may apply for and
take the exammat10n but shall not be granted certificates of registration until their required office experience is completed. [ 1975 1st ex.s. c 30 § 1; 1959 c 323 §
6.]
18.04.290 Annual permits--Issuance--Duration--Fee-Prerequisite to annual renewal. (I) The
director of motor vehicles shall upon application issue
an annual permit to practice public accounting in this
state to any person or partnership authorized to engage
in such practice in this state under a valid certificate, license, or registration, to any corporation presently authorized to do business under RCW 18.04.350, as now
or hereafter amended, and to any candidate for a certificate as a certified public accountant who has passed
18.08.190 Expiration of certificate-Renewal-Fee-Withdrawal of registrant. Certificates of registra~io~ shall expire on the last day of June following
thelf issuance or renewal. The director shall set the
yearly fee for renewal which fee shall be determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended. Renewal may be effected during the
month of June by payment to the director of the fee set.
In case any registrant fails to pay the renewal fee before
thirty days after the due date, the renewal fee shall be
the current fee plus an amount equal to one year's fee:
(1975 RCW Supp----p 1421
Barbering--Men's Hairstyling
Provided, That any registrant in good standing may
withdraw from practice by giving written notice to the
director, and may thereafter resume practice at any
time upon payment of the then current annual renewal
fee. [1975 !st ex.s. c 30 § 2; 1971 ex.s. c 266 § l; 1959 c
323 § 10.]
18.08.220 Reinstatement of certificate--Replacement of lost or destroyed certificate, charge. The director
may reinstate a certificate of registration to any person
whose certificate has been revoked, if three or more
members of the board vote in favor of such reissuance,
whenever the board shall find that the circumstances or
conditions that brought about the revocation are not
likely to recur and that the person is then sufficiently
trustworthy and reliable that the best interests of the
public will be served by reinstatement of his registration. A new certificate of registration to replace any
certificate lost, destroyed, or mutilated may be issued
by the director and a charge determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended shall be made for such issuance. [ 1975 1st
ex.s. c 30 § 3; 1959 c 323 § 13.]
Chapter 18.15
HAIRSTYLING
BARBERIN~MEN'S
Sections
18.15.040
18.15.050
18.15.060
18.15.065
18.15.095
18.15.097
18.15.100
18.15.125
18.15.220
Qualifications of out-of-state licensees-Application
for license-Fee-Notice of examination.
Examinations-Time and place-Scope-License
or permit-Service under licensed barber-Reexamination-Manager-operator licensee eligible for
barbering license.
Annual renewal of license or permit.
Barber shop location licenses-Fees, renewals, etc.
·Barber college location licenses-Fees, renewals, etc.
Instructors-License required-ApplicationQualifications-Examination-Renewal-Fees.
Student barbers-Student certificate-Fee-Application for barber's permit.
Inspections by examining committee-Fee.
,
Men's hairstyling-Certificate-Fee-Examination-Limitation.
18.15.040 Qualifications of out-of-state licensees--Application for license--Fee--Notice of
examination. Any person of good moral character, free
from contagious or infectious disease, at least eighteen
years of age, having a diploma showing graduation
from an eighth grade grammar school or capable of
proving an equivalent education, and holding a license
authorizing him to practice barbering in any one of the
other states of the United States, the District of
Columbia, or any territory of the United States or any
foreign country (if such person is lawfully entitled to
reside in the .United States) and submits with his application a certificate of graduation from a barber school
or college with requirements equal to the requirements
of approved barber schools of this state, or provides an
affidavit from the barber board of the state in which he
is licensed, that applicant has graduated from said barber school or college of that state, shall be deemed
qualified to make application for a license to practice
barbering in this state.
18.15.050
Any applicant who is licensed in a foreign country
shall furnish the board with an authenticated English
translation of his license, applicable licensing Jaw, and
other supporting documents. Every applicant for such
license, qualified under either of the foregoing provisions, shall file his application in the manner provided
by law, on forms prescribed by the director. Each such
application shall have attached thereto the certificate of
a licensed physician and surgeon that the said applicant
is not afflicted with any contagious or infectious disease, and a certificate signed by two reputable citizens
living in the community in which the applicant now resides or has recently resided that he is of good moral
character. Each application shall be accompanied by
two signed photographs of the applicant and a photostatic copy of his license authorizing him to practice
barbering as hereinbefore provided, and a certificate of
graduation or affidavit from barber board as aforementioned. Every applicant for such license shall pay a fee
determined by the director as provided in RCW 43.24.085 as now or hereafter amended, which fee shall accompany his application. The director upon the receipt
of such application and fee shall notify the applicant of
the particular date, city, and place where he is to appear
for his examination for a license to practice barbering
in this state. [1975 !st ex.s. c 30 § 4; 1967 c 223 § 3;
1957 c 101 §I; 1951c16 § 2; 1949 c 51 § 2; 1937 c 199
§ 2; 1923 c 75 § 3; Rem. Supp. 1949 § 8277-3. Prior:
1901 c 172 § 10.]
18.15.050 Examinations--Time and place-Scope-License or permit--Service under licensed
barber--Reexamination--Manager-operator licensee eligible for barbering license. Barber examinations
shall be held six times in each year in the months of
February, April, June, August, October, and December;
and on such particular dates, within the said times, and
in such particular cities and places as the director of
motor vehicles shall determine. Every applicant for a license or permit to practice barbering in this state shall
be required to take an examination in each branch as
follows: (I) Sanitation as applied to the practice of barbering, (2) sterilization as applied to the practice of
barbering, (3) and as to whether he has sufficient
knowledge of the common contagious and infectious
diseases of the face, skin, and scalp, to avoid spreading
thereof in the practice of barbering; (4) and as to
whether he has sufficient knowledge of the use of
chemicals, creams, lotions, and solutions as applied in
the practice of barbering; (5) and in any other portion
of the curriculum as required by this law; and such applicant shall be required to demonstrate to the barber
~xamining _committee his professional skill and ability
m performmg the following barber services: (1) Haircutting, (2) shaving, (3) massaging, (4) shampooing, and
(5) conditioning his barber tools.
A~)'. applicant, other than one applying under the
provis10ns of RCW 18.15.040, who secures a passing
grade. in ~ach br~nch of not less than seventy-five percent m his exammation and who demonstrates to the
satisfaction of the barber examining committee that he
possesses the required professional skill and ability to
(1975 RCW Supp--p 143)
18.15.050
Title 18:
Businesses and Professions
pwperly perform each of the said barber services, not
less than sixty-five percent of perfect. and possesses the
other particular qualifications provided in this chapter.
shall be entitled to rece1\·e. and the director shall issue
to him. a permit to practice barbering in this state. Every person receiving such permit shall be required to
sene one and one-half years (eighteen months) under
the direct supervision of a licensed barber. A year shall
be construed to mean a period of not less than fifty-two
weeks consisting of forty hours per week of service by
the permittee. He must then pass an examination not
less than seventy-five percent of perfect, and demonstrate to the satisfaction of the barber examining committee that he possesses the required professional skill
and ability to properly perform each of the said barber
services. not less than seventy-five percent of perfect,
and possesses the qualifications required in this chapter,
after which the director shall issue to him a license to
practice barbering.
Any applicant under the provisions of RCW 18.15.040 who secures a grade in each branch of not less
than seventy-five percent in his examination and who
demonstrates to the satisfaction of the barber examining committee that he possesses the required professional skill and ability to properly perform each of the
said barber services, not less than seventy-five percent
of perfect, and possesses the other particular qualifications provided in this chapter, shall be entitled to receive, and the director shall issue to him a license to
practice barbering in this state, until the first day of
July next following the issuance of such license. Every
applicant for such license shall pay a fee determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended, which fee shall accompany his application. The director upon receipt of such application
and fee shall notify the applicant of the particular date,
city. and place where he is to appear for his examination for a license or permit to practice barbering in this
state.
Any unsuccessful applicant for a license or permit to
practice barbering in this state shall be entitled to appear at any subsequent barber examination and be reexamined for a license or permit, as the case may be, to
practice barbering in this state upon the payment of a
reexamination fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended.
and which reexamination fee shall be paid at the time
of application for such reexamination, said application
and fee to be submitted to the director at least fifteen
days prior to an examination date: Provided, That an
unsuccessful applicant for a permit shall return to an
approved school or college for an additional two hundred fifty hours of instruction before he may be
reexamined.
Any person who applies for a license or permit to
practice barbering under this chapter, and who does not
appear for examination at the time, date, and place as
notified by the director. shall forfeit application fees.
and must reapply with a fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended. which fee shall accompany his new
application.
(1975 RCW Supp---p 144(
Any person holding a current manager-operator license of this state issued under the provisions of chapter 18.18 RCW shall be deemed qualified to apply to
the director to be examined for a license to practice
barbering, pursuant to the provisions of this chapter:
Provided. That any such applicant who fails said examination must then enroll in a licensed barber school of
this state and complete a course of instruction of not
less than two hundred fifty hours before applying to be
reexamined for a barber license. The curriculum for
such course of instruction shall be determined by the
barber examining committee and approved by the director. [1975 1st ex.s. c 30 § 5; 1973 1st ex.s. c 148 § 2;
1967 c 223 § 4; 1959 c 84 § 4; 1951 c 16 § 3; 1949 c 51
§ 4; 1929 c 209 § 3; 1927 c 211 § 5; 1923 c 75 § 6; Rem.
Supp. 1949 § 8277-6.]
18.15.060 Annual renewal of license or permit. Every
person licensed as a barber or a permit barber shall pay
an annual license fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended, for a license or permit renewal certificate on
or before the thirtieth day of June each year. Failure to
pay the annual license or permit renewal fees before
delinquency shall work a forfeiture of the license or
permit, but the license or permit may be renewed within
three years thereafter without examination upon application therefor by the licentiate or permittee, and payment of a fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended plus all
lapsed fees. Should the licentiate or permittee allow his
license or permit to elapse for more than three years, he
must be reexamined as for a new license or permit.
[1975 1st ex.s. c 30 § 6; 1973 1st ex.s. c 148 § 4; 1971
ex.s. c 266 § 2; 1967 c 223 § 9; 1957 c 101 § 14; 1929 c
209 § 4; 1927 c 211 § 6; 1923 c 75 § 7; RRS § 8277-7.]
18.15.065 Barber shop location Iicenses--Fees, renewals, etc. It shall be unlawful for any firm, corporation, or person to operate a barber shop without a shop
location license for each barber shop. Application
therefor shall be made to the director of motor vehicles.
Each application for a license shall be accompanied by
a fee determined by the director as provided in RCW
43.24.085 as now or hereafter amended.
Upon receipt of the application and fee, the director
shall issue a shop location license, if the barber shop
meets the requirements of this chapter. Each license
shall be issued for the shop and persons named in the
application. Application for the transfer or assignment
of a shop location license shall be upon such form as
the director shall prescribe, and application shall be
made within ten days of the sale or transfer. Upon the
receipt of the application and a fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended, the director shall assign or transfer the
shop location license, if the assignee or transferee and
the barber shop meets the requirements of this chapter.
If the application for transfer or assignment is not made
within ten days, a penalty fee determined by the director as provided in RCW 43.24.085 as now or hereafter
amended will be made, prior to issuance of a license.
Barbering--Men's Hairstyling
All licenses issued under this section shall expire on
the first day of July next succeeding the date of issue.
Each such license shall be renewable annually on or
before the expiration date, and the application for renewal shall be accompanied by a fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended. Failure to obtain a renewal before delinquency shall work a forfeiture of the shop location
license, but the license may be reinstated at any time
after forfeiture upon the payment of the annual renewal
fee, together with a penalty fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended, upon satisfactory inspection. [ 1975 I st
cx.s. c 30 § 7; 1973 !st ex.s. c 148 § 5; 1967 c 223 § JO;
1959 c 84 § 3.)
18.15.095 Barber college location licenses--Fees,
renewals, etc. It shall be unlawful for any firm, corporation, or person to operate a barber school or college
without a license for each location. Application therefor
shall be made to the director. Each application for a
school location license shall be accompanied by a fee
determined by the director as provided in RCW 43.24.085 as now or hereafter amended.
Upon receipt of the application and fee, the director
may issue a location license, if the barber school or
college meets the requirements of this chapter. Each license shall be issued for the school or college and persons named in the application and may be transferable,
if the transferee meets the requirements of this chapter.
Whenever a registered school or barber college is discontinued the person to whom the registration is issued
shall notify the director of such action and shall return
to the director the certificate of registration of such
school or barber college within ten days.
All licenses issued under this section shall expire on
the first day of July next succeeding the date of issue.
Each such license shall be renewable annually on or
before the expiration date, and the application for renewal shall be accompanied by a fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended. Failure to obtain a renewal before delinquency shall work a forfeiture of the location license,
but the license may be reinstated at any time after forfeiture upon the payment of the annual renewal fee, together with a penalty fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended. [1975 1st ex.s. c 30 § 8; 1967 c 223 § 14; 1959
c 84 § 2.)
18.15.097 Instructors--License required--Application--Qualifications--Examination--Renewal--Fees. No person shall engage in teaching or
instructing in barber schools or colleges without an instructor's license issued by the director. Each applicant
for an instructor's license shall submit an application to
the director on such forms as he may prescribe, and
must comply with the following qualifications: (1) Each
applicant must be at least twenty-five years of age; (2)
must be of good health; (3) must be of good moral
c.haracter; (4)_ must have had at least five years of expenence as a hcensed barber of this state in a licensed
18.15.100
barber shop of this state immediately preceding application; (5) must have a current barber license; (6) must
have at least a tenth grade education or be capable of
proving an equivalent education as determined by the
board for vocational education and local schools; (7)
take an examination administered by the examining
committee covering such subjects as are usually taught
in barber schools and colleges in practical and theory
work; (8) such applicant shall be required to demonstrate to the barber examining committee his professional skill and ability in performing all of the
barbering services as required by this chapter. Applications for an instructor's license must be made before
becoming engaged in teaching or instructing, but applicant may be permitted to engage in teaching or instructing for a period of not more than sixty days, at
which time he must present himself for examination.
The fee for such license and examination shall be determined by the director as provided in RCW 43.24.085
as now or hereafter amended. Each license shall be renewed on or before July 1st; the renewal fee shall be
determined by the director as provided in RCW 43.24.085 as now or hereafter amended. If application for a
renewal is not received on or before July 1st, the renewal fee shall include a penalty fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended. The instructor's license shall stand revoked if not used for a period of two years, and an
examination as for a new license will be required before
a license will be reissued.
Any person engaged as an instructor or manager-instructor on effective date of this chapter, in a barber
school or college of this state, shall be issued a license
under this section upon payment of the fees herein prescribed. [1975 !st ex.s. c 30 § 9; 1973 !st ex.s. c 148 § 7;
1967 c 223 § 13.J
18.15.100
Student barbers--Student certificate--Fee--Application for barber's permit. It shall
be unlawful for any person to study the practice of
barbering in any barber school or barber college authorized under this chapter unless he shall first have
obtained and holds a valid student barber certificate issued pursuant to this chapter. Any person of good
moral character, free from contagious or infectious disease, at least eighteen years of age, and showing completion of the ten th grade, or has an equivalent
education as determined by the director whose determination shall be conclusive, shall be deemed qualified to
make an application for and be entitled to obtain a
student barber certificate authorizing him to study the
practice of barbering in any barber school or barber
college in this state. Application therefor shall be made
to the director. Each application shall have attached
thereto the certificate of a licensed physician and surgeon that the said applicant is not afflicted with any
contagious or infectious disease, and a certificate signed
by two reputable citizens living in the community in
which the applicant now resides or has recently resided,
that he is of good moral character. Each application
shall be accompanied by two signed photographs of the
[1975 RCW Supp--p 145[
18.15.100
Title 18:
Businesses and Professions
applicant. faery such applicant shall pay a fee determined by the director as provided in RCW 43.24.085 as
1ww or hereafter amended. which fee shall accompany
his application. The director upon the receipt of such
application and fee shall issue to each qualified applicant a student barber certificate which shall be valid for
one \ear from the date of its issue. and which shall be
subject to one renewal thereafter upon the payment of a
fee determined by the director as provided in RCW 43-~4.085 as now or hereafter amended: Provided, That
any student barber holding (I) a valid student barber
certificate. and (2) a graduation certificate from any
barber school or barber college authorized under this
chapter shall be deemed qualified to make application
for a permit to practice barbering in this state. Application therefor shall be made to the director. Each applicant shall pay a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended plus an amount equal to the annual renewal
fee. which fee shall accompany his application. The director upon the receipt of such application and fee shall
notify the applicant of the particular date, city. and
place where he is to appear for his examination for a
permit to practice barbering in this state. Failure of applicant to appear for said examination will cause a forfeiture of fees. [ 1975 1st ex.s. c 30 § JO; 1973 I st ex.s. c
148 § 8; 1967 c 223 § 15; 1959 c 84 § 5; 1957 c IOI § 2;
1949 c 51 § 3; 1937 c 199 § 3; 1923 c 75 § 5: 1901c172
§ 8: Rem. Supp. 1949 § 8277-5.]
18.15.125 Inspections by examining committeeFee. The examining committee shall arrange with the
director for the employment of one or more inspectors
who shall have the same qualifications as a committee
member. The secretary of the committee shall have the
right to inspect any barber shop or barber school. Any
member, agent. or assistant of the committee, when authorized by the committee. may enter any such shop or
school during business hours for the purpose of inspection. Every new barber shop, school, or college shall be
inspected before being opened for business. If no inspection is made by the committee within fifteen days
after receipt by the director of an application for a location license, and all other qualifications for said licenses are met. the director may issue such license and
the new shop, school, or college may open for business
and remain open unless, upon inspection, the shop,
school. or college fails to meet the standards set forth in
this chapter or in the rules and regulations of the committee. The fee of such original inspection shall be determined by the director as provided in RCW 43.24.085
as now or hereafter amended, said fee to accompany
application. [1975 1st ex.s. c 30 § 11: 1967 c 223 § 18;
1959 c 84 § 7; 1957 c JOI § 13.]
18.15.220
Men's hairstyling--Certificate-Fee-Examination--Limitation. Any person duly
licensed as a barber in this state, and who has satisfactorih completed a course of instruction in the practice
of men's hairstyling as approved by the barber examining committee, shall be entitled to make application to
be examined for a Washington state men's hairstyling
(1975 RCW Supp--p 146(
certificate. The fee for such examination and certificate
shall be determined by the director as provided in
RCW 43.24.085 as now or hereafter amended; and the
application and fee shall be submitted to the director at
least fifteen days prior to an examination date. Any applicant for a certificate under this chapter who secures a
grade in each branch of not less than seventy-five percent in his examination and who demonstrates to the
satisfaction of the examining committee that he possesses the required professional skill and ability to
properly perform each of the said men's hairstyling
services, shall be entitled to receive, and the director
shall issue to him an official Washington state men's
hairstyling certificate, recognizing him as a certified
men's hairstylist, and when accompanied by a current
barber license of this state, shall entitle him to practice
men's hairstyling.
Provided, That persons engaged in the practice of
men's hairstyling under this chapter are authorized to
perform body waving and permanent waving to the extent necessary to style or arrange the hair on male patrons, but persons engaged in the practice of men's
hairstyling under this chapter are not authorized to
otherwise engage in the practice of cosmetology unless
such person is licensed under chapter 18.18 RCW. [ 1975
1st ex.s. c 30 § 12; 1973 !st ex.s. c 148 § 12.]
Chapter 18.18
COSMETOLOGY
Sections
18.18.090
18.18.120
18.18.140
Applications-Fees.
Exemption from examination-Licensed by another
state or country-Fee.
Licenses-Renewal-Fees.
18.18.090 Applications--Fees. Each application
for student enrollment, manicurist, operator, instructor
operator, manager operator, shop, or school shall be
accompanied by a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended. Any applicant who fails to pass the examination may take the next succeeding examination with
payment of an additional fee determined by the director
as provided in RCW 43.24.085. [ 1975 I st ex.s. c 30 § 13;
1973 1st ex.s. c 148 § 23; 1965 ex.s. c 3 § 6; 1959 c 324 §
4; 1955 c 313 § 3; 1951 c 180 § 5. Prior: (i) 1937 c 215 §
JO(a); RRS § 8278-JO(a). (ii) 1937 c 215 § 12(h); RRS §
8276-12(h).]
18.18.120 Exemption from examination--Licensed
by another state or country--Fee. Any person who
has been licensed by proper authority of any state or
territory or possession of the United States or any
country may be issued a license without examination,
provided the applicant's qualifications are substantially
equal to the requirements of this chapter. Each application for a license under this section shall be accompanied by a fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended. [ 1975 lst
ex.s. c 30 § 14; 1965 ex.s. c 3 § 10; 1951 c 180 § 6; 1937
c 215 § 14. Prior: 1927 c 281 § 13.]
18.25.020
Chiropractic
18.18.140 Licenses--Renewal--Fees. Operator,
manicurist, instructor operator, manager operator, shop,
or school licenses may be renewed from year to year
upon the payment on or before the first day of each
July following their issuance, of a renewal fee determined by the director as provided in RCW 43.24.085 as
now or hereafter amended.
A certificate of health is required with an application
for an original license, one must also be filed with a renewal application.
Any manicurist, operator, manager operator, or instructor operator whose license has lapsed may have the
same renewed upon payment of all fees which the applicant ~ould have been required to pay to keep such
license Ill effect, and an additional fee determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended for each lapsed year: Provided, That
any person whose license has lapsed for more than
three years shall be reexamined, as in the case of any
applicant for an original license. [ 1975 I st ex.s. c 30 §
15; 1973 !st ex.s. c 148 § 27; 1971 ex.s. c 266 § 3; 1965
ex.s. c 3 § 11; 1959 c 324 § 5; 1955 c 313 § 6; 1951 c
180 § 7. Prior: (i) 1937 c 215 § lO(b); RRS §
8278-lO(b). (ii) 1937 c 215 § 11; RRS § 8278-11.]
Chapter 18.20
BOARDING HOMES
Sections
18.20.160
Persons requiring medical or nursing care.
18.20.160
Persons requiring medical or nursing care.
No person operating a boarding home licensed under
this chapter shall admit to or retain in the boarding
home any aged person requiring nursing or medical
care of a type provided by institutions licensed under
chapters 18.51, 70.41 or 71.12 RCW, except that when
registered nurses are available from a visiting nurse
service or home health agency or from an adjacent or
nearby skilled nursing facility or one located in the facility, and upon a doctor's order that a supervised medication service is needed, it may be provided. Such
medication service shall be provided only to ambulatory boarders who otherwise meet all requirements for
residency in a boarding home. [ 1975 I st ex.s. c 43 § 1;
1957 c 253 § 16.]
Chapter 18.22
PODIATRY
Sections
18.22.060
18.22.081
18.22.120
Application fee-Reexamination.
License-Reciprocity with other states.
License-Annual renewal-Fee.
Acti~ns
for negligence against, evidence and proof required to prevail: RCW 4.24.290.
18_.22.060
Application fee-Reexamination. Every
applicant for a license to practice podiatry shall pay to
the state treasurer a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended.
An applicant who fails to pass an examination satisfactorily after the expiration of six months from the
date of the examination at which he failed, is entitled to
a reexamination at a meeting called for the examination
of applicants, upon the payment of a fee determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended for each reexamination. [1975 !st
ex.s. c 30 § 16; 1973 c 77 § 6; 1965 c 97 § I; 1957 c 52 §
14. Prior: (i) 1921 c 120 § 5; 1917 c 38 § 9; RRS §
10082. (ii) 1921 c 120 § 4; 1917 c 38 § 7; RRS § 10080.]
18.22.081
License--Reciprocity with other states.
Any applicant who has been examined and licensed
under the laws of another state, which through a reciprocity provision in its laws, similarly accredits the
holders of certificates from the proper authorities of this
state to the full privileges of practice within its borders
or an applicant who has satisfactorily passed examinations given by the national board of podiatry examiners, may, in the discretion of the examining committee
be granted a license without examination on the payment of a fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended to the
state treasurer: Provided, That he has not previously
failed to pass an examination held in this state. If the
applicant was licensed in another state, he must file
with the director a copy of his license certified by the
proper authorities of the issuing state to be a full and
true copy thereof, and must show that the standards,
eligibility requirements, and examinations of that state
are at least equal in all respects to those of this state.
[1975 !st ex.s. c 30 § 17; 1973 c 77 § 8; 1965 c 97 § 3.]
18.22.120 License--Annual renewal--Fee. Every person practicing podiatry must renew his license
each year and pay a renewal fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended.
Any podiatry license that has been allowed to lapse
may be renewed by presentation of a new character
certificate as required for examination, together with the
payment of the annual license fee. [1975 !st ex.s. c 30 §
18; 1973 c 77 § 10; 1971 ex.s. c 266 § 4; 1965 c 97 § 2;
1955 c 149 § 6. Prior: (i) 1921 c 120 § 5, part; 1917 c 38
§ 9, part; RRS § 10082, part. (ii) 1921 c 120 § 9; RRS §
10096.]
Chapter 18.25
CHIROPRACTIC
Sections
18.25.020
18.25.040
18.25.050
18.25.070
Applications--Qualifications-Fees.
Reciprocal licenses.
Revocation or refusal of licenses-HearingRestoration.
Annual renewal of ~icense-Attendance at approved
symposmms reqmred-F ees-F orfeiture-Penalties-Reexamination.
Acti~ns
for negligence against, evidence and proof required to prevail: RCW 4.24.290.
18.25.020
Applications--Qualifications--F ees.
(_1) _Any _rerson not now lice_nsed to practice chiropracttc m this state and who desires to practice chiropractic
11975 RCW Supp--p 1471
Title 18:
18.25.020
Businesses and Professions
in this state. hefore it shall be lawful for him to do so.
shall make application therefor to the director. upon
such form and in such manner as may be adopted and
directed hy the director. Each applicant who matriculates after January L 1975. shall have completed not
less than one-half of the requirements for a baccalaureate degree at an accredited and approved college or
university and shall be a graduate of a chiropractic
school or college accredited and approved by the board
of chiropractic examiners and shall show satisfactory
e\'idence of completion by each applicant of a resident
course of study of not less than four thousand classroom hours of instruction in such school or college.
Applications shall be in writing and shall be signed by
the applicant in his own handwriting and shall be sworn
to before some officer authorized to administer oaths.
and shall recite the history of the applicant as to his
educational advantages, his experience in matters pertaining to a knowledge of the care of the sick, how long
he has studied chiropractic, under what teachers, what
collateral branches. if any, he has studied, the length of
time he has engaged in clinical practice; accompanying
the same by reference therein. with any proof thereof in
the shape of diplomas, certificates, and shall accompany
said application with satisfactory evidence of good
character and reputation.
(2) There shall be paid to the director by each applicant for a license, a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended which shall accompany application and a fee
determined by the director as provided in RCW 43.24.085 as now or hereafter amended, which shall be paid
upon issuance of license. Like fees shall be paid for any
subsequent examination and application. [ 1975 !st ex.s.
c 30 § 19; 1974 ex.s. c 97 § 9; 1959 c 53 § 3; 1919 c 5 §
5; RRS § 10100.]
Severability--1974 ex.s. c 97: See note following RCW 18.25.120.
18.25.040 Reciprocal licenses. Persons licensed to
practice chiropractic under the laws of any other state
having equal requirements of this chapter, may, in the
discretion of the board of chiropractic examiners, and
after examination by the board in principles of chiropractic, x-ray, and adjusting, as taught by chiropractic
schools and colleges, be issued a license to practice in
this state without further examination, upon payment of
a fee determined by the director as provided in RCW
43.24.085 as now or hereafter amended. [1975 1st ex.s. c
30 § 20; 1971 ex.s. c 227 § 6; 1919 c 5 § 14; RRS §
10108.)
18.25.050 Rerncation or refusal of licenses-Hearing--Restoration. (1) The director may refuse to
grant or may revoke a license to practice chiropractic in
this state or may cause a licentiate's name to be removed from the records in the office of the county clerk
of any county in this state upon any of the following
grounds. to wit: The employment of fraud or deception
in applying for a license or in passing an examination
pro\'ided for in this chapter; the practice of chiropractic
under a false or assumed name. or the impersonation of
(1975 RCW
Sup~
1481
another practitioner of like or different name; the conviction of a crime involving moral turpitude; habitual
intemperance in the use of ardent spirits, controlled
substances, or stimulants to such an extent as to incapacitate him or her for the performance of his or her
professional duties; exploiting or advertising through
the press, or by the use of handbills, circulars, or other
periodicals, other than professional cards, giving only
name, address, profession, office hours, and telephone
connections. Any person who is a licentiate, or who is
an applicant for a license to practice chiropractic
against whom any of the foregoing grounds for revoking or refusing a license, is presented to said director
with a view of having the director revoke or refuse to
grant a license, shall be furnished with a copy of the
complaint, and shall have a hearing before said director
in person or by attorney, and witnesses may be examined by said director respecting the guilt or innocence
of said accused.
(2) Said director may at any time within two years of
the refusal or revocation or cancellation of registration
under this section, issue a new license or grant a license
to the person affected, restoring him to, or conferring
upon him all the rights and privileges of, and pertaining
to the practice of chiropractic as defined and regulated
by this chapter. Any person to whom such have been
restored shall pay to the director a fee determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended upon issuance of a new license.
[1975 !st ex.s. c 30 § 21; 1919 c 5 § 8; RRS § 10103.)
18.25.070 Annual renewal of license--Attendance
at approved symposiums required--Fees--Forfeiture--Penalties--Reexamination. Every person
practicing chiropractic shall, as a prerequisite to annual
renewal of license, submit to the director at the time of
application therefor, satisfactory proof showing attendance during the preceding year, at one or more chiropractic symposiums which are recognized and approved
by the board of chiropractic examiners: Provided, That
the board may, for good cause shown, waive said
attendance.
(I) Symposiums approved, by the board, for licensees
practicing or residing within the state of Washington
are those sponsored or conducted by the Washington
Chiropractor's Association, the Chiropractic Society of
Washmgton, the American Chiropractic Association, or
The Inter~ational _Chiropractic Association, or an approved ch1ropract1c college and which devote themsel~es to lectures or demonstrations concerning matters
which are recognized in the state of Washington chiropractic licensing laws.
(2) Symposiums approved, by the board, for licensees
practicing and residing outside the state are those sponsored or conducted by an approved chiropractic college
or a recognized chiropractic organization which is representative of the chiropractors of a state, a territory, a
province, or a country.
(3) To be eligible for approval, a symposium shall:
18.26.037
Chiropractic Disciplinary Board
(a) Be sponsored by an ~pprove~ ch~roprac.tic ~ollege
or a recognized chiropractic orgamzat10n which. 1s representative of the chiropractors of a state, a terntory, a
province, or a country; and
(b) Extend over a period of at least two days, and
offer an education program consisting of at least eight
hours; and
(c) Include instruction by at least two outstanding
chiropractic educators.
Every person practicing chiropractic within this state
shall pay on or before the first day of September of
each year, after a license is issued to him as herein provided, to ·said director a renewal license fee to be determined by the director as provided in RCW 43.24.085 as
now or hereafter amended. The director shall, thirty
days or more before September first, of each year mail
to all chiropractors in the state a notice of the fact that
the renewal fee will be due on or before the first of
September. Nothing in this chapter shall be construed
so as to require that the receipts shall be recorded as
original licenses are required to be recorded.
The failure of any licensed chiropractor to pay his
annual license renewal fee by the first day of October
following the date on which the fee was due shall work
a forfeiture of his license. It shall not be reinstated except upon written application and the payment of a
penalty to be determined by the director as provided in
RCW 43.24.085 as now or hereafter amended, together
with all annual license renewal fees delinquent at the
time of the forfeiture, and those for each year thereafter
up to the time of reinstatement. Should the licentiate
allow his license to elapse for more than three years, he
must be reexamined as for a new license. [ 1975 1st ex.s.
c 30 § 22; 1974 ex.s. c 97 § 11; 1971 ex.s. c 266 § 5;
1959 c 53 § 5; 1919 c 5 § IO; RRS § 10105.]
Severability--·1974 ex.s. c 97: See note following RCW 18.25.120.
Chapter 18.26
CHIROPRACTIC DISCIPLINARY BOARD
Sections
18.26.030
18.26.037
18.26.110
18.26.120
18.26.130
18.26.160
18.26.170
18.26.180
18.26.260
18.26.270
"Unprofessional conduct".
Mental or physical examination of chiropractor-Authority of board-Admissibility-Limitation.
Powers and duties.
Complaints-Hearing committee.
Specification of charges.
Report of hearing.
Hearing before full board.
Basis for board's determination.
Repealed.
Appeal from decision of board-Appeal procedure.
18.26.030 "Unprofessional conduct". The term "unprofessional conduct" as used in this.chapter and chapter l 8.25 RCW shall mean the following items or any
one or combination thereof:
(I) Conviction in any court of any offense involving
moral turpitude, in which case the record of such conviction shall be conclusive evidence;
(2) Fraud or deceit in the obtaining of a license to
practice chiropractic;
(3) All advertising of chiropractic practice or business, other than professional cards, telephone listings,
window and street signs, announcements of office
openings or change in locations, as regulated by the
board: Provided, That nothing in this section shall prohibit public relations material which is distributed in a
licensee's office or directly to a bona fide patient of a
licensee: Provided further, That any such public relations material does not have a tendency to deceive the
public or impose upon credulous or ignorant persons
and so be harmful or injurious to public morals or
safety;
(4) The impersonation of another licensed
practitioner;
(5) Habitual intemperance;
(6) The wilful betrayal of a professional secret;
(7) Acts of gross misconduct in the practice of the
profession;
(8) Aiding or abetting an unlicensed person to practice chiropractic;
(9) A declaration of mental incompetency by a court
of competent jurisdiction;
(IO) Failing to differentiate chiropractic care from
any and all other methods of healing at all times;
(11) Practicing contrary to laws regulating the practice of chiropractic;
(12) Unprofessional conduct as defined in chapter
19.68 RCW;
(13) Violation of any ethical standard as established
by the board;
(14) Suspension or revocation of license to practice
chiropractic by competent authority in any state or foreign jurisdiction;
( 15) Incompetency to practice chiropractic by reason
of illness, drunkenness, excessive use of controlled substances, chemicals, or any other type of material or as a
result of any mental or physical condition. [1975 1st
ex.s. c 39 §I; 1974 ex.s. c 97 § 12; 1967 c 171 § 3.]
Severability--1975 1st ex.s. c 39: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 39 § IO.]
Severability--1974 ex.s. c 97: See note following RCW 18.25.120.
Application of RCW 18.26.030(12): RCW 18.26.310.
18.26.037 Mental or physical examination of chiropractor--Authority of board--Admissibility-Limitation. In enforcing any provision of *this 1975
amendatory act relating to the competency of a chiropractor to practice chiropractic, the board shall, upon
probable cause, have authority to compel a chiropractor
to submit to a mental or physical examination. Failure
of a chiropractor to submit to such examination when
directed shall constitute an admission of the allegations
against him unless the failure was due to circumstances
beyond his control, consequent upon which a default
and final order may be entered without the taking of
testimony or presentation of evidence: Provided, however, That upon request a chiropractor may obtain an
independent mental or physical examination by a licensed physician of his choice, and the results of such
examination shall also be considered by the board.
[1975 RCW Supp--p 1491
1!U6.037
Title 18:
Businesses and Professions
For the purposes of this section. every chiropractor
lici:nsed under this chapter who shall accept the privikgi: to practice chiropractic in this state shall by so
practicing or by the making and filing of annual registration to practice chiropractic in this state. be deemed
to have given his consent to submit to a mental or
physical examination when directed in writing by the
board and. further. to have waived all objections to the
admissibility of the examining physicians' testimony or
examination reports on the ground that the same constitute a privileged communication.
In any proceeding under this section. neither the
record of proceedings nor the orders entered by the
board shall be used against a chiropractor in any other
proceeding. [ 1975 1st ex.s. c 39 § 9.]
*Reviser's note: "this 1975 amendatory act" (1975 1st ex.s. c 39]
consist of this section, amendments to RCW 18.26.030, 18.26. I I 0, 18.26.120, 18.26.130, 18.26.160, 18.26.170, 18.26.180 and 18.26.270 and
the repeal of RCW 18.26.260.
Severability-1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.110 Powers and duties. The board shall have
the following powers and duties:
(I) To adopt, amend and rescind such rules and regulations as it deems necessary to carry out the provisions of this chapter;
(2) To establish and promulgate by rules and regulations ethical standards for the chiropractic profession
including. but not limited to, regulations relating to advertising, or excessive charging for professional services;
(3) To investigate all complaints and charges of unprofessional conduct against any holder of a license to
practice chiropractic and to hold hearings to determine
whether such
charges are substantiated or
unsubstantiated;
(4) To employ necessary stenographic or clerical
help;
(5) To issue subpoenas and administer oaths in connection with any investigation, hearing. or disciplinary
proceeding held under this chapter;
(6) To take or cause depositions to be taken as needed in any investigation, hearing, or proceeding. [ 1975
lst ex.s. c 39 § 2; 1967 c 171 §II.]
Severability--1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.120 Complaints--Hearing committee. Any
person. firm. corporation. or public office_r may submit
a written complaint to the secretary charging the holder
of a license to practice chiropractic with unprofessional
conduct. specifying the grounds therefor. If the board
determines that such complaint merits consideration. or
if the board shall have reason to believe. without a formal complaint. that any holder of a license has been
guilty of unprofessional conduct. the chairm~n may
designate three members to serve as a committee to
hear and report upon such charges. or the board may
sit as a whole to hear such charges. or the board may
designate a hearing officer to hear and report to the
board upon such charges. [1975 lst ex.s. c 39 § 3; 1967
c 171 § 12.]
(1975 RCW Supp--p 150)
Severability--1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.130 Specification of charges. Prior to any
hearing being conducted, the secretary or the attorney
for the board shall prepare a specification of the charge
or charges of unprofessional conduct made against a license holder, a copy of which shall be served upon the
accused, together with a notice of the hearing. [1975 lst
ex.s. c 39 § 4; 1967 c 171 § 13.]
Severability--1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.160 Report of hearing. If a hearing officer or
hearing committee has been appointed, within a reasonable time after holding a hearing, the hearing committee or hearing officer shall make a written report of
its findings of fact and its recommendations, and the
same shall be forthwith transmitted to the secretary,
with a transcript of the evidence. [ 1975 l st ex.s. c 39 §
5; 1967 c 171 § 16.]
Severability-1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.170 Hearing before full board. If a hearing officer or hearing committee has been appointed, and the
board deems it necessary, the board may, after further
notice to the accused, take further testimony at a second hearing before the full board. [ 1975 1st ex.s. c 39 §
6; 1967 c 171 § 17.]
Severability--1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.180 Basis for board's determination. In any
event, whether the board makes its determination on
the findings of the board acting as a whole, or on the
findings of the hearing officer or the hearing committee,
or on the findings of the hearing officer or the hearing
committee as supplemented by a second hearing before
the board, the board shall determine the charge or
charges upon the merits on the basis of the evidence in
the record before it. [1975 lst ex.s. c 39 § 7; 1967 c 171
§ 18.]
Severability--1975 1st ex.s. c 39: See note following RCW
18.26.030.
18.26.260 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
18.26.270 Appeal from decision of board--Appeal
procedure. The procedure governing appeals to the superior court under chapter 34.04 RCW, the Administrative Procedure Act, shall govern in matters of appeal
from a decision of the board. [ 1975 l st ex.s. c 39 § 8;
1967 c 171 § 27.]
Severability--1975 1st ex.s. c 39: See note following RCW
18.26.030.
Chapter 18.32
Dentistry
Chapter 18.28
DEBT ADJUSTING
Sections
18.28.030
not disapproved by him shall be used by a debt adjusting agency licensee. [ 1975 I st ex.s. c 30 § 23; 1971 ex.s.
c 266 § 6; 1967 c 201 § 3.]
Application for license. form, contents-Investigation
fees-Licensing fees-Bond-Qualifications-Forms to be furnished.
18.28.030 Application for license, form, contents-1n vestigation fees--Licensing fees--Bond-Qualifications--Forms to be furnished. An application
for a license shall be in writing, under oath, and in the
form prescribed by the director. The application shall
contain such relevant information as the director may
require, but in all cases shall contain the name and residential and business addresses of each individual applicant, and of each member when the applicant is a
partnership or association, and of each director and officer when the applicant is a corporation.
Except as provided hereinafter in this section the applicant shall pay an investigation fee and a licensing fee
determined by the director as provided in RCW 43.24~
.085 as now or hereafter amended: Provided, That a
branch office of a licensed debt adjusting agency need
not pay an investigation fee but only the licensing fee.
If a license is not issued in response to the application,
the director shall return the licensing fee to the applicant. An annual license fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended, shall be paid to the director by January 1st of
each year. If the annual license fee is not paid by January 1st, the licensee shall be assessed a penalty for late
payment determined by the director as provided in
RCW 43.24.085 as now or hereafter amended. And if
the fee and penalty are not paid by January 31st, reapplication for a new license will be necessary, which may
include taking any examination prescribed by the
director.
The applicant shall file a surety bond with the director or in lieu thereof the applicant may file with the director a cash deposit or other negotiable security
acceptable to the director and under conditions set
forth in RCW 18.28.040: Provided, That each branch
office of a debt adjusting agency shall be required to be
bonded as provided herein, but no bond will be required of an individual applicant while he is employed
by a bonded debt adjusting agency or branch thereof.
The applicant shall furnish the director with such
proof as the director may reasonably require to establish the qualifications set forth in RCW 18.28.060.
If the applicant is an individual person making an
original license application he shall pay an examination
fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended.
If the applicant is applying for a debt adjusting
agency license it shall furnish the director with complete for~s of all contracts and assignments designed
for execution by debtors making any assignments to or
placin~ any proper~y with the applicant for the purpose
of paymg the creditors of such debtors, and complete
forms of all contracts and agreements designed for executi~n by creditors to whom payments are made by the
applicant. Only such forms furnished the director and
Chapter 18.29
DENTAL HYGIENIST
Sections
18.29.020
18.29.040
18.29.070
Applications-Qualifications-Fee.
Reciprocal licenses-Fees.
License renewal-Fee-Display.
18.29.020 Applications--Qualifications--Fee.
Any citizen of this state of good moral character who
shall have attained the age of eighteen years may file his
application for license as a dental hygienist in the manner provided by law on forms furnished by the director
of motor vehicles and shall submit with said application
proof of said applicant's graduation from a training
school for dental hygienists. Said application shall be
signed and sworn to by said applicant. Each applicant
shall pay a fee determined by the director as provided
in RCW 43.24.085 as now or hereafter amended which
shall accompany his application. [ 1975 I st ex.s. c 30 §
24; 1971 ex.s. c 292 § 21; 1969 c 47 § I; 1923 c 16 § 28;
RRS § 10030-28.]
Severability-1971 ex.s. c 292: See note following RCW
26.28.010.
18.29.040 Reciprocal licenses--Fees. Applicants
licensed as dental hygienists under the laws of other
states whose requirements are equal to those of this
state and who have been engaged in the lawful practice
of dental hygiene for a period of not less than three
years in such state may, upon the payment of a fee determined by the director as provided in RCW 43.24.085
as now or hereafter amended, be granted licenses as
dental hygienists in this state without examination:
Provided, however, That the privileges of this section
shall be extended only to those states which extend to
this state the same privilege. [ 1975 I st ex.s. c 30 § 25;
1969 c 47 § 3; 1923 c 16 § 33; RRS § 10030--33.]
18.29.070 License renewal--Fee--Display. Every person licensed as a dental hygienist shall pay on or
before the first day of October of each year after a license is issued to him a license renewal fee determined
by the director as provided in RCW 43.24.085 as now
or hereafter amended and the license renewal certificate
which shall be thereupon issued by the director of motor vehicles shall be displayed with the license of said
licensee. (1975 1st ex.s. c 30 § 26; 1969 c 47 § 5; 1923 c
16 § 32; RRS § 10030--32.]
Chapter 18.32
DENTISTRY
Sections
18.32.035
18.32.110
18.32.120
18.32.170
Board of dental examiners-Creation-Membership--Terms-Powers-Vacancies.
Application fee-Investigation fee.
Examination requirements-Fee.
Licenses-Duplicate-Fee.
(1975 RCW Supp--p 151(
Chapter 18.32
18.32.180
18.32.200
18.32.210
18.32.225
Title 18:
Businesses and Professions
Licenses-Annual renewal fee-Forfeiture and
reinstatement.
Licenses-Registration in counties-FailurePenalty.
Reciprocity with other states-Incoming dentists.
Certificate available for dentists going out-of-stateFee for issuance.
18.32.035 Board of dental examiners--Creation--Membership--Terms--Powers--Vacancies. There shall be a board of dental examiners
consisting of nine practicing dentists, to be known as
the Washington state board of dental examiners.
The members shall be appointed by the governor in
the manner hereinafter set forth and at the time of their
appointment upon said board must be actual residents
of the state in active practice of dentistry or dental surgery as hereinafter defined and must have been for a
period of five years or more legally licensed to practice
dentistry or dental surgery in this state: Provided, however, That no person shall be eligible to appointment to
said board who is in any way connected with or interested in any dental college or dental department of any
institution of learning. Those members serving on the
board on March 27, 1975 shall continue to hold office
for the following terms: The terms of the two board
members appointed in 1972 shall expire July 1, 1975:
the terms of the two board members appointed in 1973
shall expire July 1, 1976, and the term of the board
member appointed in 1974 shall expire July 1, 1977. Six
members shall be appointed to the board and shall take
office July 1, 1975: two members to serve a term of
three years, two members to serve a term of four years
and two members to serve a term of five years. The
term of office of each such member shall be designated
by the governor in his appointment. Thereafter, all
members shall be appointed to the board to serve for
terms of five years- from July 1 of the year in which they
are appointed.
In case of a vacancy occurring on said board, such
vacancy shall be filled by the governor as herein provided for the remainder of the term of the vacancy.
The board shall have the power to employ competent
persons on a temporary basis to assist in conducting
examinations for licensure. [ 1975 c 49 § 1; 1953 c 93 §
2: 1941 c 92 § 1; 1935 c 112 § 2; Rem. Supp. 1941 §
10031-2. Formerly RCW 43.68.010.]
18.32.110 Application fee--Investigation fee. Except as otherwise provided in RCW 18.32.210, as now
or hereafter amended each applicant shall pay a fee determined by the director as provided in RCW 43.24.085
as now or hereafter amended, which shall accompany
his application: Provided, That applicants not licensed
in another state and not residents of this state for at
least six consecutive months shall pay an additional investigation fee determined by the director as provided
in RCW 43.24.085 as now or hereafter amended. [1975
1st ex.s. c 30 § 27; 1969 c 49 § 1; 1957 c 52 § 29. Prior:
1941 c 92 § 2, part; 1935 c 112 § 4; Rem. Supp. 1941 §
10031-4. part.]
(1975 RCW Supj)----p 152)
18.32.120 Examination requirements-Fee. When
the application and the accompanying proof are found
satisfactory, the director shall notify the applicant to
appear before the board at a time and place to be fixed
by the director, which time shall be not less than sixty
days after the receipt of such application by the
director.
Examination shall be made in writing in all theoretic
subjects. Both theoretic and practical examinations
shall be of a character to give a fair test of the qualifications of the applicant to practice dentistry or dental
surgery.
The examination papers, and all grading thereon, and
the grading of the practical work, shall be deemed public documents, and preserved for a period of not less
than three years after the board has made and published its decisions thereon. All examinations shall be
conducted by the board under fair and wholly impartial
methods.
Any applicant who fails to make the required grade
in his first examination is entitled to take as many subsequent examinations as he desires upon the prepayment of a fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended for each
subsequent examination. At least two examinations
shall be given in each calendar year. [ 1975 1st ex.s. c 30
§ 28; 1969 c 49 § 2; 1957 c 52 § 30; 1953 c 93 § 5. Prior: 1941 c 92 § 2, part; 1935 c 112 § 4, part; Rem.
Supp. 1941 § 10031-4, part.]
18.32.170 Licenses--Duplicate--Fee. A fee determined by the director as .provided in RCW 43.24.085
as now or hereafter amended shall be charged for every
duplicate license issued by the director. [ 1975 1st ex.s. c
30 § 29; 1957 c 52 § 25. Prior: 1935 c 112 § 11, part;
RRS § 10031-11, part.]
18.32.180 Licenses-Annual renewal fee--Forfeiture and reinstatement. Every person granted a license under this chapter shall pay to the director a
license renewal fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended
for the year commencing with the first day of October
next following the issuance of his license, and annually
therea~ter. Payment must be made within thirty days
followmg the commencement of the year for which the
same _accrues. The license renewal certificate issued by
the director shall be indispensable evidence that the
same has been made.
. The failure of any licensed dentist to pay his annual
hce~se renewal fee by the first day of November followmg the date on which the fee was due shall work a
forfeiture of his license. It shall not be reinstated except
upon ~ritten application and the payment of a penalty
determmed by the director as provided in RCW 43.24.085 as now or hereafter amended, together with all annual license renewal fees delinquent at the time of the
forfeiture, and those for each year thereafter up to the
time of reinstatement. [1975 1st ex.s. c 30 § 30; 1969 c
49 § 3; 1951 c 130 § 4; 1935 c 112 § 24; RRS §
10031-24.]
18.35.040
Hearing Aids
18.32.200 Licenses--Registration in counties-Failure-Penalty. Any failure, neglect, or refusal ?n
the part of any person obtaining a li~ense to practice
dentistry from the said director, to register_ such_ license
with the county auditor of some c?unty m this state,
within ninety days from the date of issue of the sa~e ~r
to notify the director of any c?ange of address w1thm
ninety days thereof, as above J1r~cted, shall work a forfeiture of such license, and no license when once forfeited shall be restored, except upon payment to the
said director of the sum determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended for such neglect, failure, or refusal to register
such license, and the surrender of forfeited license.
[1975 1st ex.s. c 30 § 31; 1935 c 112 § 10; RRS §
10031-10. Prior: 1923 c 16 § 16.]
18.32.210 Reciprocity with other states--Incoming
dentists. Any dentist who has been lawfully licensed to
practice in another state or territory which has and
maintains a standard for the practice of dentistry or
dental surgery which in the opinion of the board is
equal to that at the time maintained in this state, and
who has been lawfully and continuously engaged in the
practice of dentistry for five years or more immediately
before filing his application to practice in this state and
who shall deposit in person with the director a duly attested certificate from the examining board of the state
or territory in which he is registered, certifying to the
fact of his registration and of his being a person of good
moral character and of professional attainments, may,
upon the payment of a fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended and after satisfactory practical examination
demonstrating his proficiency, be granted a license to
practice dentistry in this state, without being required to
take an examination in theory: Provided, however, That
no license shall be issued to any such applicant, unless
the state or territory from which such certificate has
been granted to such applicant shall ~ave extend~d a
like privilege to engage in the practice of dentistry
within its own borders to dentists heretofore and hereafter licensed by this state, and removing to such other
state: And provided further, That the Washington state
board of dental examiners shall have power to enter
into reciprocal relations with similar boards of other
states whose laws are practically identical with the provisions of this chapter. [ 1975 1st ex.s. c 30 § 32; 1969 c
49 § 4; 1935 c 112 § 13; RRS § 10031-13.]
18.32.225 Certificate available for dentists going outof-state-Fee for issuance. The fee for issuing a certificate to a legal practitioner of this state under RCW
18.32.220 shall be determined by the director as provided in RCW 43.24.085 as now or hereafter amended and
in each case the fee shall be paid to the director before
the certificate shall be issued. [1975 1st ex.s. c 30 § 33;
1935 c 112 § 15; RRS § 10031-15. Formerly RCW 18.32.220, part.]
Chapter 18.34
DISPENSING OPTICIANS
Sections
18.34.070
18.34.120
Applicants-Eligibility for examination-Fee.
Annual renewal-Fee-Reinstatement-Penalty.
18.34.070 Applicants--Eligibility for examination--Fee. Any applicant for a license shall be examined if he pays an examination fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended and certifies under oath that:
(I) He is eighteen years or more of age; and
(2) He has graduated from an accredited high school;
and
(3) He is a citizen of the United States or has declared his intention of becoming such citizen in accordance with law; and
(4) He is of good moral character; and
(5) He has either:
(a) Had at least three years of apprenticeship training; or
(b) Successfully completed a prescribed course in opticianry in a college or university approved by the director; or
(c) Been principally engaged in practicing as a dispensing optician not in the state of Washington for five
years. [ 1975 I st ex.s. c 30 § 34; 1971 ex.s. c 292 § 22;
1957 c 43 § 7.]
Severability-1971 ex.s. c 292: See note following RCW
26.28.010.
18.34.120 Annual renewal--F ee--Reinstatement--Penalty. Each licensee hereunder shall pay an
annual renewal registration fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended, on or before the first day of July of each
year, and thereupon the license of such person shall be
renewed for a period of one year. Any fa!lure to pay the
annual renewal registration fee shall render the license
invalid, but such license shall be reinstated upon written application therefor to the director and payment of
a penalty determined by the director as provided in
RCW 43.24.085 as now or hereafter amended, together
with all delinquent annual license renewal fees. [ 1975
1st ex.s. c 30 § 35; 1957 c 43 § 12.]
Chapter 18.35
HEARING AIDS
Sections
18.35.040
18.35.060
18.35.080
Applicants----Qua1ifications-F ee-Requirements.
Trainee license-Qua1ifications-RequirementsF ee-Contents-Authority of trainee-Expiration-Reissuance.
License-Issuance-Fee-Duration.
18.35.040 Applicants--Qualifications--Fee-Requirements. An applicant for license shall be at least
eighteen years of age, shall pay a fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended, and shall show to the satisfaction of the
department that he is free of any infectious or contagious disease which would involve undue risk to the
[1975 RCW Supp--p 1531
18.35.040
Title 18:
Businesses and Professions
public. An applicant shall not be issued a license under
the prcl\ isions of this chapter unless he:
(I) Satisfactorily completes the examination required
by this chapter; or
(2) Has been engaged in the fitting and dispensing of
hearing aids in the state of Washington for a period of
six months immediately prior to July 16, 1973: Provided, That any person receiving a license under this section shall be required to complete and pass the
examination by the date on which the names of those
persons who have passed the third examination subsequent to July 16, 1973, are disclosed by the department;
or
(3) Holds a current, unsuspended, unrevoked license
or certificate from a state or jurisdiction with whom the
department has entered into a reciprocal agreement.
[1975 !st ex.s. c 30 § 36; 1973 1st ex.s. c 106 § 4.]
18.35.060 Trainee license--Qualifications--Requirements--Fee-Contents--Authority of trainee--Expiration--Reissuance. (1) The department
shall issue a trainee license to any applicant who has
shown to the satisfaction of the department that:
(a) He is at least eighteen years of age;
(b) He is free of any infectious or contagious disease;
(c) If issued a trainee license, he would be employed
and directly supervised in the fitting and dispensing of
hearing aids by a person licensed under this chapter in
a capacity other than trainee; and
(d) He has paid an application fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended, to the department.
The provisions of RCW 18.35.030 and 18.35.110
through 18.35.130 shall apply to any person issued a
trainee license. Pursuant to the provisions of this section, a person issued a trainee license may engage in the
fitting and dispensing of hearing aids without having
first passed the examination provided under this
chapter.
(2) The trainee license shall contain the name of the
person licensed under this chapter who is employing
and supervising the trainee and an acknowledgment executed by such person that he is responsible for all acts
of the trainee in connection with the fitting and dispensing of hearing aids.
(3) A trainee may fit and dispense hearing aids, but
only if he is under the direction and supervision of a
person licensed under this chapter in a capacity other
than trainee.
(4) The trainee license shall expire one year from the
date of its issuance except that at the discretion of the
department on recommendation of the council the license may be reissued for one additional year only.
(5) ~ o person licensed under this chapter may assume the responsibility for more than three trainees at
am one time, unless approved in writing by the department. [1975 1st ex.s. c 30 § 37; 1973 lst ex.s. c 106 § 6.]
18.35.080
License--Issuance--F ee--Duration. The department shall license each applicant, without discrimination, who satisfactorily completes the
(1975 RCW Supp---p 1541
required examination and, upon payment of a fee determined by the director as provided in RCW 43.24.085
as now or hereafter amended to the department, shall
issue to the applicant a license. The license shall be effective until December 31st of the year in which it is issued. [1975 lst ex.s. c 30 § 38; 1973 lst ex.s. c 106 § 8.]
Chapter 18.36
DRUGLESS HEALING
Sections
18.36.040
18.36.050
18.36.115
License required-Fee--Qualifications-Examinations--Refusals and cancellations-Appeals.
Examination regulations-Fee--Credits-Conduct of examinations.
License renewal fee-Penalty.
18.36.040 License required--Fee--Qualifications--Examinations--Refusals and cancellations--Appeals. Only persons desiring to practice
drugless therapeutics in this state shall apply to said director for a license and pay a fee determined by the director as provided in RCW 43.24.085 as now or
hereafter amended, which sum in no case shall be refunded. If at a time appointed, or at the next regular
examination, he or she shall prove he or she has completed a residence course of three entire sessions of
thirty-six weeks each at a chartered drugless school, the
entrance requirements of which was a high school education, or its equivalent and shall pass an examination
in the following subjects, to wit: anatomy, physiology,
hygiene, symptomatology, urinalysis, dietetics, hydrotherapy, radiography, electrotherapy, gynecology, obstetrics, psychology, mechanical and manual
manipulation, they shall be granted a license by said
director, or if the school attendance of said applicant
was prior to the passage of RCW 18.36.010 through 18.36.165 a diploma from a chartered drugless school, the
entrance requirements of which was a common school
education or its equivalent, and two years continuous
practice in this state shall suffice; or if the applicant has
no diploma but has been in continuous practice in any
of the drugless systems herein mentioned for the past
four years, two years of which shall have been in continuous practice in one place in this state, he or she
shall be allowed to practice: Provided, said applicant
shall take an examination on the following subjects:
anatomy, physiology, hygiene, symptomatology, mechanical and manual manipulation. After such examination the director shall grant the applicant a license to
practice drugless therapeutics in the state of
Washington. The examinations shall be both scientific
and practical and thoroughly test the fitness of the candidate. All answers to questions peculiar to any school
of therapeutics shall be scrutinized and their sufficiency
passed upon by the director, but the following subjects,
to wit: anatomy, physiology, hygiene, urinalysis, and
gynecology, shall be construed to be in common with
all systems herein mentioned, and each candidate shall
be examined in each of said subjects: Provided, after
1921, the following subjects shall be construed as common to all systems, to wit: anatomy, physiology, hygiene, urinalysis, symptomatology, hydrotherapy, and
18.37.010
Electricians
gynecology. The director may refuse to grant a l.icense
to, or may revoke the license of any p~rson gmlty of
unprofessional cbnduct, subject to the nght of appeal
within ninety days, to the superior court of the county
where the board met when said license was refused, or
revocation made. Any license granted without a full
and fair compliance with the provisions of RCW 18.36.010 through 18.36.165 may be canceled in any action
brought in the name of the state by the prosecuting attorney of the county where the examination was held,
or said action may be brought by the attorney general;
and if a license is denied an applicant shall have the
right to petition the superior court where said examination was held for an order compelling said board to issue said license.
Continuous practice as herein provided shall be construed to apply to drugless physicians who have actually been practicing in this state, even if they have not
received a license under the present medical laws. [ 1975
!st ex.s. c 30 § 39; 1919 c 36 § 3; RRS § 10113. Formerly RCW 18.36.040, 18.36.050, part, 18.36.080, 18.36.090, part, and 18.36.160.]
Examining committee for basic sciences: Chapter 43. 74 RCW.
18.36.050
Examination regulations--Fee-Credits--Conduct of examinations. The examination
held by the director under RCW 18.36.010 through 18.36.165 shall be conducted in accordance with the following regulations:
( l) Each applicant is required to make an affidavit
setting forth his age, place of residence, time and place
of each course of lectures, or other work connected with
his drugless education and the date of graduation, or
length of time in practice. The affidavit must be corroborated by the exhibition of a certificate from the
proper officers of the college, showing that the applicant
had completed the prescribed course for graduation. No
advance standing shall be recognized for work done at
other than drugless colleges.
(2) A fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended must accompany the application. This fee is under no consideration to be returned, but if the applicant should fail to
secure an average of sixty-five percent, and should be
denied a license, such applicant shall, without paying a
further fee and without losing his classification under
the provisions of RCW 18.36.0 IO through 18.36.165, be
permitted to take another examination any time within
two years. Drugless practitioners who hold a diploma
from a legally incorporated drugless school who have
practiced in this state two years previous to the passing
of RCW 18.36.010 through 18.36.165 and those having
no diploma but who have been in continuous practice
in this state for three years, shall be given a credit of
fifteen percent on the general average.
(3) The examination shall be in charge of the director, and the papers of candidates shall be known by
numbers which shall be arranged as follows: Envelopes
shall be numbered and each containing a blank corresponding to the number, on which blank the applicant
shall write his name and address, and return to the envelope. sealed by the applicant, and delivered to the director. Each candidate shall place on his paper the
number given him and the year of graduation.
(4) The director shall examine the papers and place
the mark opposite each candidate's number. When the
markings are completed, the envelopes containing the
names are to be opened and the names placed opposite
their respective numbers.
(5) No dishonest methods will be tolerated, and any
candidate disregarding these rules shall be debarred
from further examination.
(6) Each subject for examination shall be covered by
ten questions, and two hours' time shall be allowed for
each subject.
(7) No candidate shall be allowed to leave the examination room after the question papers have been distributed, until the questions are answered and delivered
to the examiners in charge.
(8) All examinations shall be in English. Within
twenty days after a license is granted or refused, the
reasons shall be set forth in writing and placed with the
papers used in the examination, and all of said examination papers shall be filed with the director within
thirty days after said license has been granted or refused. [1975 1st ex.s. c 30 § 40; 1919 c 36 §II; RRS §
10121. Formerly RCW 18.36.050, 18.36.070 and 18.36.090. FORMER PART OF SECTION: 1919 c 36 § 3,
part, now codified in RCW 18.36.040.]
18.36.115 License renewal fee--Penalty. Every
person heretofore or hereafter granted a license under
this chapter shall pay to the director an annual license
renewal fee to be determined by the director as provided in RCW 43.24.085 as now or hereafter amended, on
or before the first day of July of each year, and thereupon the license of such person shall be renewed for a
period of one year. Any failure to register and pay the
annual license renewal fee shall render the license
invalid, but such license shall be reinstated upon written application therefor to the director, and payment to
the state of a penalty fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended, together with all delinquent annual license
renewal fees. [1975 1st ex.s. c 30 § 41; 1971 ex.s. c 266 §
7; 1953 c 83 § I.]
Chapter 18.37
ELECTRICIANS
Sections
18.37.010
18.37.020
18.37.040
18.37 .110
Definitions.
Certificate of competency-Required-Business or
trade of electrician defined.
Examinations-Eligibility-Rules and regulations.
Repealed.
18.37.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have
the following meaning:
(I) "Advisory board" means the state advisory board
of electricians;
[1975 RCW Supp--p 1551
18.37.010
Title 18:
Businesses and Professions
(2) "Department'' means the department of labor and
industries:
(3) "Director" means director of department of labor
and industries:
(4) "Journeyman electrician" means any person who
has been issued a certificate of competency by the department of labor and industries as provided in this
chapter for the installation of electrical equipment for
light, heat, or power. [1975 1st ex.s. c 70 § 1; 1973 1st
ex.s. c 206 § I.]
18.37.020
Certificate
of competency--Required--Business or trade of electrician defined. ( 1)
No person shall engage in the business or trade as a
journeyman electrician without having a current certificate of competency issued by the department in accordance with the provisions of this chapter.
(2) The business or trade of electrician, as herein
used, shall encompass all acts involving installation or
maintenance of the distribution of electricity, except as
is hereinafter specifically excluded. [ 1975 1st ex.s. c 70 §
2; 1973 !st ex.s. c 206 § 2.]
18.37.040 Examinations--Eligibility--Rules and
regulations. Upon receipt of the application and evidence set forth in RCW 18.37.030, the director shall review the same and make a determination as to whether
the applicant is eligible to take an examination for the
certificate of competency. To be eligible to take the examination the applicant must have worked under the
supervision of a journeyman electrician certified under
this law, or have satisfactorily attended for a minimum
of two years and successfully completed an accredited
vocational or technical school program related to the
electrical trade, or shall furnish written evidence that he
has had at least four years practical experience in the
wiring for the installation of electrical equipment of
light. heat, and power. No other requirement for eligibility may be imposed. The director shall establish reasonable rules and regulations for the examinations to be
given applicants for certificates of competency. In establishing said rules, regulations, and criteria, the director shall consult with the state advisory board of
electricians as established in RCW 18.37.100. Upon determination that the applicant is eligible to take the examination, the director shall so notify him, indicating
the time and place for taking the same. [ 1975 I st ex.s. c
70 § 3: 1973 1st ex.s. c 206 § 4.]
18.37.110 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 18.39
EMBALMERS-FUNERAL DIRECTORS
Sections
18.39.050
18.39.120
18.39.130
18.39.150
Application-Form-Photograph-Fees-Renewals and fees.
Apprentices-Registration-Notice of termination-Fees.
License-Reciprocity with other states.
License lapse-Reinstatement-FeeReexamination.
(1975 RCW Sup~ 156)
18.39.050 Application--Form--Photograph-Fees--Renewals and fees. Every application for a license hereunder. whether for an initial issue or for a renewal of one already granted, shall be made in writing
on a form prescribed by the director and be verified by
oath or affirmation before some person authorized by
law to administer the same. The original application
shall be accompanied by a natural photo of applicant.
Every person making application for an initial issue of a
license when an examination is required shall pay to the
state treasurer a fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended
and, in case such application is granted he shall pay the
further fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended prior to
the issuance of such license. Every licensed embalmer
or licensed funeral director shall make an application
for a renewal of his license for the succeeding year, on
or before the 3 lst day of December of the current year,
and pay to the state treasurer a fee to be determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended, and upon the payment thereof shall
be entitled to a renewal of his license. [1975 1st ex.s. c
30 § 42; 1971 ex.s. c 266 § 8; 1937 c 108 § 6; RRS §
8318-1. Formerly RCW 18.39.050, 18.39.060 and
18.39.140.]
18.39.120 Apprentices--Registration--Notice of
termination--Fees. Every person engaged in the business of funeral directing or embalming, who shall employ an apprentice or apprentices to assist him in the
conduct of such business, shall register the name of
each apprentice so employed with said director at the
time of the beginning of said apprenticeship, and such
person shall also forward to the said director notice of
the termination of such apprenticeship. Such registration shall also be made in the month of January of every year thereafter by the employer of such apprentice
during the continuance of such apprenticeship. A fee
determined by the director as provided in RCW 43.24.085 as now or hereafter amended shall be paid to the
state .treasurer for the initial registration of such apprentice, and thereafter a fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended shall be paid to the state treasurer for each
annual renewal of the same. [1975 1st ex.s. c 30 § 43;
1937 c 108 § 10; RRS § 8322.]
18.39.130 License-Reciprocity with other states.
The director may recognize licenses issued to funeral
directors . or embalmers from other states and, upon
presentation ?f such licenses may, upon the payment of
a fee determined by the director as provided in RCW
43.24.085 as now or hereafter amended, issue to the
lawful holder thereof the funeral director's or embalmer's license herein provided for: Provided, however,
That such recognition shall not be extended to funeral
directors or embalmers holding licenses from other
states unless reciprocal rights are granted to holders of
funeral directors' or embalmers' licenses granted in the
state of Washington. Such reciprocal licenses may be
renewed annually upon payment of the renewal license
Engineers And Land Surveyors
fee as herein provided in the case of license holders residing in the state of Washington. No ~erson s~all be
entitled to such reciprocal license as a funeral director
or embalmer unless he shall furnish proof that he has,
in the state in which he is regularly licensed, complied
with requirements substantially equal to those set out in
this chapter. ( 1975 1st ex.s. c 30 § 44; 1937 c 108 § 15;
RRS § 8325. Prior: 1909 c 215 § 16.]
18.39.150
License lapse--Reinstatement-Fee--Reexamination. When a licensee has, for any
reason, allowed his license to lapse, he may be granted
a license upon application therefor made to the director, upon payment to the state treasurer of the fee determined by the director as provided in RCW 43.24.085
as now or hereafter amended: Provided, Such application is made within one year after the expiration of his
previous license. If such application is not made within
such one year period, as in this section provided, then
the applicant shall be required to take an examination
before the director and pay the license fee, as required
by the provisions of this chapter in the case of initial
applications. [1975 1st ex.s. c 30 § 45; 1937 c 108 § 8;
RRS § 8320.]
Chapter 18.43
ENGINEERS AND LAND SURVEYORS
Sections
18.43.050
18.43.080
18.43.080
18.43.100
18.43.110
18.43.130
Application, registration and issuance fees.
Expiration and renewals of certificates--Fees (as
amended by 1975 c 23).
Expiration and renewals of certificates--Fees (as
amended by 1975 1st ex.s. c 30).
Registration of out-of-state applicants--Requirements--Reciprocity.
Revocations.
Excepted services--Fees.
18.43.050 Application, registration and issuance fees.
Application for registration shall be on forms prescribed by the board and furnished by the director,
shall contain statements made under oath, showing the
applicant's education and detail summary of his technical work and shall contain not less than five references,
of whom three or more shall be engineers having personal knowledge of his engineering experience.
The registration fee for professional engineers shall
be determined by the director as provided in RCW 43.24.085 as now or hereafter amended, which shall accompany the application. The director shall also
determine a fee as provided in RCW 43.24.085 as now
or hereafter amended to be paid upon issuance of the
certificate. The fee for engineer-in-training shall be determined by the director as provided in RCW 43.24.085
as now or hereafter amended, which shall accompany
the application and shall include the cost of examination and issuance of certificate. When registration as a
professional engineer is completed by an engineer-intraining an additional fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended shall be paid before issuance of certificate as
professional engineer.
18.43.100
The registration fee for land surveyors shall be determined by the director as provided in RCW 43.24.085 as
now or hereafter amended, which shall accompany the
application and shall include the cost of examination
and issuance of certificate. The registration fee for professional engineers also qualified as land surveyors shall
be the same as for professional engineers.
Should the board deny the issuance of a certificate of
registration to any applicant, the initial fee deposited
shall be retained as an application fee. [ 1975 1st ex.s. c
30 § 46; 1947 c 283 § 8; Rem. Supp. 1947 § 8306-25.
Prior: 1935 c 167 § 6; RRS § 8306-6.]
18.43.080 Expiration and renewals of certificates--Fees (as
amended by 1975 c 23). Certificates of registration, and certificates of
authorization and renewals thereof shall expire on the last day of the
month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the
administrator of the division of professional licensing to notify every
person, firm or corporation registered under this chapter, of the date
of the expiration of his certificate and the amount of the renewal fee
that shall be required for its renewal for one year. Such notice shall be
mailed at least thirty days before the end of December of each year.
Renewal may be effected during the month of December by the payment of a fee of fifteen dollars for professional engineer, professional
engineer and land surveyor, and fifteen dollars for land surveyor. In
case any professional engineer and/or land surveyor registered under
this chapter shall fail to pay the renewal fee hereinabove provided for,
within ninety days from the date when the same shall become due,
the renewal fee shall be the current fee plus an amount equal to one
year's fee. (1975 c 23 § I; 1965 ex.s. c 126 § l; 1961c142 § 3; 1959 c
297 § 5; 1947 c 283 §II; Rem. Supp. 1947 § 8306-28. Prior: 1935 c
167 § 10; RRS § 8306-10.]
18.43.080 Expiration and renewals of certificates--Fees (as
amended by 1975 1st ex.s. c 30). Certificates of registration, and certificates of authorization and renewals thereof shall expire on the last
day of the month of December following their issuance or renewal
and shall become invalid on that date unless renewed. It shall be the
duty of the administrator of the division of professional licensing to
notify every person, firm or corporation registered under this chapter,
of the date of the expiration of his certificate and the amount of the
renewal fee that shall be required for its renewal for one year. Such
notice shall be mailed at least thirty days before the erid of December
of each year. Renewal may be effected during the month of December
by the payment of a fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended. In case any professional engineer and/or land surveyor registered under this chapter
shall fail to pay the renewal fee hereinabove provided for, within
ninety days from the date when the same shall become due, the renewal fee shall be the current fee plus an amount equal to one year's
fee. (1975 !st ex.s. c 30 § 47; 1965 ex.s. c 126 § I; 1961 c 142 § 3; 1959
c 297 § 5; 1947 c 283 § 11; Rem. Supp. 1947 § 8306-28. Prior: 1935 c
167 § 10; RRS § 8306-10.J
Reviser's note: RCW 18.43.080 was amended twice during the 1975
regular and first extraordinary session of the legislature, each without
reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
18.43.100 Registration of out-of-state applicants-Requirements--Reciprocity. The board may, upon
application therefor, and the payment of a fee determined by the director as provided in RCW 43.24.085 as
now or hereafter amended issue a certificate without
further examination as a professional engineer or land
surveyor to any person who holds a certificate of qualification of registration issued to him following examination by proper authority, of any state or territory or
possession of the United States, the District of
Columbia, or of any foreign country, provided: (1) That
(1975 RCW Supp--p 157)
18.43.100
Title 18:
Businesses and Professions
the applicant's qualifications meet the requirements of
the chapter. and the rules established by the board, (2)
that the applicant is in good standing with the licensing
agency in said state. territory, possession. district, or
foreign country; and (3) that the said state, territory.
possession. district, or foreign country gives like consideration on a reciprocal basis to those persons who have
been registered by examination in this state. [1975 l st
ex.s. c 30 § 48; 1959 c 297 § 6; 1947 c 283 § 13; Rem.
Supp. 1947 § 8306-30. Prior: 1935 c 167 § 5; RRS §
8306-5.J
18.43.110 Revocations. The board shall have the exclusive power to revoke the certificate of registration of
any registrant who is found guilty of:
The practice of any fraud or deceit in obtaining a
certificate of registration; or
Any gross negligence, incompetency, or misconduct
in the practice of engineering or land surveying as a
registered engineer or land surveyor.
Any person may prefer charges of fraud, deceit, gross
negligence. incompetency. or misconduct against any
registrant. Such charges shall be in writing and shall be
sworn to by the person making them and shall be filed
with the secretary of the board.
All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within
three months after the date on which they have been
preferred.
The time and place for said hearing shall be fixed by
the board and a copy of the charges, together with a
notice of the time and place of hearing, shall be personally served on or mailed to the last known address
of such registrant, at least thirty days before the date set
for the hearing. At any hearing the accused registrant
shall have the right to appear personally and by counsel. to cross-examine witnesses appearing against him,
and to produce evidence and witnesses in his own
defense.
If, after such hearing, three or more members of the
board vote in favor of finding the accused guilty, the
board shall revoke the certificate of registration of such
registered professional engineer or land surveyor.
The board, for reasons it deems sufficient, may reissue a certificate of registration to any person whose
certificate has been revoked, providing three or more
members of the board vote in favor of such issuance. A
new certificate of registration to replace any certificate
revoked, lost, destroyed, or mutilated may be issued by
the director. subject to the rules of the board, and a
charge determined by the director as provided in RCW
43.24.085 as now or hereafter amended shall be made
for such issuance.
Any person who shall feel aggrieved by any action of
the board in denying or revoking his certificate of registration may appeal therefrom to the superior court of
the county in which such person resides, and after full
hearing, said court shall make such decree sustaining or
revoking the action of the board as it may deem just
and proper. [1975 1st ex.s. c 30 § 49; 1947 c 283 § 14;
Rem. Supp. 1947 § 8306-31. Prior: 1935 c 167 § 11;
RRS § 8306-11.J
(1975 RCW Supp--p 158)
18.43.130 Excepted services--Fees. This chapter
shall not be construed to prevent or affect:
( l) The practice of any other legally recognized prnfession or trade; or
(2) The practice of a person not a resident and having
no established place of business in this state, practicing
or offering to practice herein the profession of engineering or land surveying, when such practice does not
exceed in the aggregate more than thirty days in any
calendar year: Provided, Such person is legally qualified
by registration to practice the said profession in his own
state or country in which the requirements and qualifications for obtaining a certificate of registration are not
lower than those specified in this chapter; or
(3) The practice of a person not a resident and having
no established place of business in this state, or who has
recently become a resident thereof, practicing or offering to practice herein for more than thirty days in any
calendar year the profession of engineering or land surveying, if he shall have filed with the board an application for a certificate of registration and shall have paid
the fee required by this chapter: Provided, That such
person is legally qualified by registration to practice engineering or land surveying in his own state or country
in which the requirements and qualifications of obtaining a certificate of registration are not lower than those
specified in this chapter. Such practice shall continue
only for such time as the board requires for the consideration of the application for registration; or
(4) The work of an employee or a subordinate of a
person holding a certificate of registration under this
chapter. or an employee of a person practicing lawfully
under provisions of this section: Provided, That such
work does not include final design or decisions and is
done under the direct responsibility, checking, and supervision of a person holding a certificate of registration
under this chapter or a person practicing lawfully under
the provisions of this section; or
(5) The work of a person rendering engineering or
land surveying services to a corporation, as an employee of such corporation, when such services are rendered
in carrying on the general business of the corporation
and such general business does not consist, either wholly or in part, of the rendering of engineering services to
the general public: Provided, That such corporation
empl?ys at least ~ne person holding a certificate of reg1strat10n .u.nder this chapter or practicing lawfully under
the prov1s10ns of this chapter; or
(6) The practice .of officers or employees of the governm~nt of the ~mted States while engaged within the
state m the practice of the profession of engineering or
land surveying for said government; or
(7) ~onresident engineers employed for the purpose
of makmg engineering examinations; or
(8) The practice of engineering in this state by a corporation or joint stock association: Provided, That
(a) Such corporation shall file with the board an application for certificate of authorization upon a form to
be prescribed by the board and containing information
required to enable the board to determine whether such
Engineers And Land Surveyors
corporation is qualified in acc~rdance. with. the. prov!sions of this chapter to practice engmeenng m this
state;
(b) Such corporation shall file with the ?oard a certified copy of a resolution of the board of directors ~f the
corporation which shall designate a person holding a
certificate of registration under ~his chapt~r as respo~si­
ble for the practice of engineering by said corporation
in this state and shall provide that full authority to
make all final engineering decisions on behalf of said
corporation with respect to work performed by the corporation in this state shall be granted and delegated by
the board of directors to the person so designated in
said resolution: Provided, That the filing of such resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract;
(c) Such corporation shall file with the board a designation in writing setting forth the name or names of a
person or persons holding certificates of registration
under this chapter who shall be in responsible charge of
each project and each major branch of the engineering
activities in which the corporation shall specialize in
this state. In the event there shall be a change in the
person or persons in responsible charge of any project
or major branch of the engineering activities, such
changes shall be designated in writing and filed with the
board within thirty days after the effective date of such
changes;
(d) Upon the filing with the board of the application
for certificate for authorization, certified copy of resolution, affidavit and designation of persons specified in
subparagraphs (a), (b), and (c) of this section the board
shall issue to such corporation a certificate of authorization to practice engineering in this state upon a determination by the board (1) that:
(i) The bylaws of the corporation contain provisions
that all engineering decisions pertaining to any project
or engineering activities in this state shall be made by
the specified engi?eer in responsible charge, or other
responsible engineers under his direction or
supervision;
(ii) The application for certificate of authorization
states the type, or types, of engineering practiced, or to
be practiced by such corporation;
(iii) A current certified financial statement accurately
reflecting the financial condition of the corporation has
been filed with the board and is available for public
inspection;
(iv) The applicant corporation has the ability to provide through qualified engineering personnel, professional services or creative work requiring engineering
experience, and that with respect to the engineering
services which the corporation undertakes or offers to
undertake such personnel have the ability to apply special knowledge of the mathematical, physical, and engineering sciences to such professional services or creative
work as consultation, investigation, evaluation, planning, design, and supervision of construction for the
purpose of assuring compliance with specifications and
design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects;
18.43.130
(v) The application for certificate of authorization
states the professional records of the designated person
or persons who shall be in responsible charge of each
project and each major branch of engineering activities
in which the corporation shall specialize;
(vi) The application for certificate of authorization
states the experience of the corporation, if any, in furnishing engineering services during the preceding five
year period and states the experience of the corporation, if any, in the furnishing of all feasibility and advisory studies made within the state of Washington;
(vii) The applicant corporation meets such other requirements related to professional competence in the
furnishing of engineering services as may be established
and promulgated by the board in furtherance of the
objectives and provisions of this chapter; and
(2) Upon a determination by the board based upon
an evaluation of the foregoing findings and information
that the applicant corporation is possessed of the ability
and competence to furnish engineering services in the
public interest.
The board may in the exercise of its discretion refuse
to issue or may suspend and/or revoke a certificate of
authorization to a corporation where the board shall
find that any of the officers, directors, incorporators, or
the stockholders holding a majority of stock of such
corporation has committed misconduct or malpractice
as defined in RCW 18.43.105 or has been found personally responsible for misconduct or malpractice under
the provisions of subsections (f) and (g) hereof.
The certificate of authorization shall specify the major branches of engineering of which the corporation
has designated a person or persons in responsible
charge as provided in subsection (8) (c) of this section.
(e) In the event a corporation, organized solely by a
group of engineers, each holding a certificate of registration under this chapter, applies for a certificate of
authorization, the board may, in its discretion, grant a
certificate of authorization to such corporation based
on a review of the professional records of such incorporators, in lieu of the required qualifications set forth
in this subsection. In the event the ownership of such
corporation shall be altered, the corporation shall apply
for a revised certificate of authorization, based upon the
professional records of the owners, if exclusively engineers or, otherwise, under the qualifications required by
subparagraphs (a), (b), (c), and (d) hereof.
(f) Any corporation authorized to practice engineering under this chapter, together with its directors and
officers for their own individual acts, are responsible to
the same degree as an individual registered engineer,
and must conduct its business without misconduct or
malpractice in the practice of engineering as defined in
this chapter.
(g) Any corporation which has been duly certified
under the provisions of this chapter and has engaged in
the practice of engineering shall have its certificate of
authorization either suspended or revoked by the board
if, after a proper hearing, the board shall find that the
corporation has committed misconduct or malpractice
as defined in RCW 18.43. l 05. In such case any individual engineer holding a certificate of registration under
(1975 RCW Supp--p 1591
18.43.130
Title 18:
Businesses and Professions
this chapter. involved in such malpractice or misconduct. shall have his certificate of registration suspended
or revoked also.
(h) All plans, specifications, designs, and reports
when issued in connection with work performed by a
corporation under its certificate of authorization shall
be prepared by or under the responsible charge of and
shall be signed by and shall be stamped with the official
seal of a person holding a certificate of registration under this chapter.
(i) For each certificate of authorization issued under
the provisions of this subsection (8) of this section there
shall be paid an initial fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended and an annual renewal fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended.
(9) The practice of engineering and/ or land surveying
in this state by partnership: Provided, That
(a) A majority of the members of the partnership are
engineers or architects or land surveyors duly certificated by the state of Washington or by a state, territory,
possession, district, or foreign country meeting the reciprocal provisions of RCW 18.43.100: Provided, That
at least one of the members is a professional engineer or
land surveyor holding a certificate issued by the director under the provisions of RCW 18.43.070; and
(b) Except where all members of the partnership are
professional engineers or land surveyors or a combination of professional engineers and land surveyors or
where all members of the partnership are either professional engineers or land surveyors in combination with
an architect or architects all of which are holding certificates of qualification therefor issued under the laws
of the state of Washington, the partnership shall file
with the board an instrument executed by a partner on
behalf of the partnership designating the persons responsible for the practice of engineering by the partnership in this state and in all other respects such
person so designated and such partnership shall meet
the same qualifications and shall be subject to the same
requirements and the same penalties as those pertaining
to corporations and to the responsible persons designated by corporations as provided in subsection (8) of
this section.
For each certificate of authorization issued under the
provisions of this subsection (9) of this section there
shall be paid an initial fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended and an annual renewal fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended. [1975 1st ex.s. c 30 § 50; 1965 ex.s. c 126
§ 2; 1961 c 142 § 5; 1959 c 297 § 7; 1947 c 283 § 16;
Rem. Supp. 1947 § 8306-33. Prior: 1935 c 167 § 2; RRS
§ 8306-2.]
Chapter 18.50
MIDWIFERY
Sections
18.50.050
Application-Examination fee.
(1975 RCW Supp---p 160)
18.50.050 Application--Examination fee. If the
application is approved and the candidate shall have
deposited an examination fee determined by the director as provided in RCW 43.24.085 as now or hereafter
amended with the director, the candidate shall be admitted to the examination, and in case of failure to pass
the examination, may be reexamined at any regular examination within one year without the payment of an
additional fee, said fee to be retained by the director
after failure to pass the second examination. [ 1975 l st
ex.s. c 30 § 51; 1917 c 160 § 3; RRS § 10176.]
Chapter 18.51
NURSING HOMES
Sections
18.51.007
18.51.050
18.51.055
18.51.060
18.51.065
18.51.090
18.51.090
18.51.120
18.51.130
18.51.190
18.51.200
18.51.210
18.51.220
18.51.230
18.51.240
18.51.250
18.51.260
18.51.270
18.51.280
18.51.290
18.51.300
Legislative intent-1975 1st ex.s. c 99.
License, provisional license--Issuance, renewalF ee--Display.
Provisional license--When issued--RenewalTermination.
Denial, suspension, revocation of license or provisional
license-Penalty.
Denial, suspension, revocation of license or provisional
license-Hearing.
Inspection of nursing homes-Approval of new facilities. (Amended)
Inspection of nursing homes--Approval of new facilities. (Repealed)
Repealed.
Repealed.
Complaint of violation-Request for inspectionN otice-Confidentiality.
Preliminary review of complaint-On-site inspection.
Authority to enter and inspect nursing home--Advance notice-Defense.
Retaliation or discrimination against complainant prohibited, penalty--Presumption.
Annual general inspection-Required-Advance
notice prohibited.
Alterations or additions--Preliminary inspection and
approval.
Nursing homes without violations--Public agencies
referring patients to be notified--Priority.
Citations for violation of RCW 18.51.060 to be posted.
Annual report of citations for violations--Publication-Contents.
Chapter cumulative.
Writings deemed public record-Open to public inspection-Exception.
Retention and preservation of records of patients.
18.51.007 Legislative intent--1975 1st ex.s. c 99. It
is the intent of the legislature in enacting *this 1975
amendatory act to establish (l) a system for the imposition of yroi:npt _and effective sanctions against nursing
homes m v10lat1on of the laws and regulations of this
stat~ relating to pat~ent care; (2) an inspection and reportm~ systeI? to msure that nursing homes are in
~omphance_ with state statutes and regulations pertainmg to patient. care; and (3) a provisional licensing
mechanism to msure that full term licenses are issued
only to those nursing homes that meet state standards
relating to patient care: Provided, That no sanction
shall be imposed by the department until the department has informed the owner and administrator of the
nursing home about the rules and regulations required
to be followed to avoid penalties and until the department has granted a reasonable amount of time to the
Nursing Homes
owner and administrator of the nursing home to correct
the condition which would result in the penalty. [ 1975
1st ex.s. c 99 § 3.]
*Reviser's note: "this 1975 amendatory act" [ 1975 1st ex.s. c 99]
consists of RCW 18.51.007, 18.51.055, 18.51.065, 18.51.190-18.51.290,
amendments to RCW 18.51.050 and 18.51.060 and the repeal of RCW
18.51.090, 18.51.120 and 18.51.130.
18.51.050 License, provisional license--Issuance,
renewal--Fee-Display. Upon receipt of an application for license, the department, or the department
and the approved health department jointly, shall issue
a license or a provisional license if the applicant and
the nursing home facilities meet the requirements established under this chapter. At the time of issuance or
renewal of the license or provisional license the licensee
shall pay a license fee of fifteen dollars plus one dollar
per bed capacity per year, but in no event shall the total
exceed one hundred dollars. No fee shall be required of
government operated institutions. When the license or
provisional license is issued jointly by the department
and an approved health department, the license fee
shall be paid to the approved health department. All licenses issued under the provisions of this chapter shall
expire on a date to be set by the board, but no license
issued pursuant to this chapter shall exceed twelve
months in duration: Provided, That when the annual
license renewal date of a previously licensed nursing
home is set by the board on a date less than twelve
months prior to the expiration date of a license in effect
at the time of reissuance, the license fee shall be prorated on a monthly basis and a credit be allowed at the
first renewal of a license for any period of one month or
more covered by the previous license. All applications
for renewal of license shall be made not later than thirty days prior to the date of expiration of the license.
Each license shall be issued only for the premises and
persons named in the application, and no license shall
be transferable or assignable except with the written
approval of the department. Licenses shall be posted in
a conspicuous place on the licensed premises. [1975 1st
ex.s. c 99 § l; 1971 ex.s. c 247 § 2; 1953 c 160 § 4; 1951
c I I 7 § 6. J
18.51.055 Provisional license--When issued-Renewal--Termination. (I) If a nursing home has not
been previously licensed pursuant to this chapter, the
department may only provisionally license such facility
as provided in this section. A provisional license to operate a nursing home shall terminate six months from
the date of issuance. Within thirty days of the termination of a provisional license, the department shall give
such facility a full and complete inspection, and, if the
facility meets requirements for licensure, a regular license shall be issued. If the nursing home does not meet
the requirements for licensure but has made substantial
progress towards meeting such requirements, as determined by the department, the initial provisional license
shall be renewed for six months. If the department determines that. ther.e has not been substantial progress
towards meetmg hcensure requirements at the time of
the first full inspection provided by this section, or, if
18.~i.065
the state department determines upon its inspection
made within thirty days of the termination of a renewed
provisional license that there is lack of compliance with
such requirements, no further license shall be issued.
(2) A nursing home seeking renewal of a license may,
in the discretion of the department, be granted a provisional license under this section instead of a regular license, where there has been a failure to comply with the
provisions of this chapter or the standards, rules and
regulations promulgated pursuant thereto. [ 1975 1st
ex.s. c 99 § 15.]
18.51.060 Denial, suspension, revocation of license or
provisional license--Penalty. The department is authorized to deny, suspend, or revoke a license or provisional license or, in lieu thereof or in addition thereto,
assess monetary penalties of a civil nature not to exceed
five hundred dollars per violation in any case in which
it finds that the applicant, or licensee, or any partner,
officer, director, owner of ten percent or more of the
assets of the nursing home, or managing employee:
(l) Failed or refused to comply with the requirements
of this chapter or the standards, rules and regulations
established hereunder; or
(2) Was the holder of a license issued pursuant to this
chapter, which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not
been fulfilled; or
(3) Has knowingly or with reason to know made a
false statement of a material fact in his application for
license or any data attached thereto, or in any matter
under investigation by the department; or
(4) Refused to allow representatives or agents of the
department to inspect all books, records, and files required to be maintained or any portion of. the premises
of the nursing home; or
(5) Wilfully prevented, interfered with, or attempted
to impede in any way the work of any duly authorized
representative of the department and the lawful enforcement of any provit>ion of this chapter; or
(6) Wilfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of any of the provisions of this
chapter or the standards, rules, and regulations promulgated hereunder; or
(7) Fails to pay any civil monetary penalty assessed
by the department pursuant to this chapter within ten
days after such assessment becomes final: Provided,
That in no event shall the department assess a civil
monetary penalty authorized pursuant to this section or
post the said premises as provided in RCW 18.51.260 or
include in the report required pursuant to RCW 18.51.270 during any period in which it has not fully implemented and funded its cost-related reimbursement
system for public patients. [ 1975 1st ex.s. c 99 § 2; 1953
c 160 § 5; 1951c117 § 7.J
18.51.065 Denial, suspension, revocation of license or
provisional license--Hearing. All orders of the department denying, suspending, or revoking the license
or provisional license, and/ or assessing a monetary
(1975 RCW Supp--p 161!
18.51.065
Title 18:
Businesses and Professions
penalty shall become final twenty days after the same
has been served upon the applicant or licensee unless a
hearing is requested. All hearings hereunder and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter
34.04 RCW. [1975 1st ex.s. c 99 § 16.]
18.51.090 Inspection of nursing homes-Approval of new facilities. The department or approved health department shall make or
cause to be made at least a yearly inspection and investigation of all
nursing homes. Every inspection may include an inspection of every
part of the premises and an examination of all records, methods of
administration, the general and special dietary and the stores and
methods of supply. Following such inspection or inspections, written
notice of any violation of this law or the rules and regulations promulgated hereunder, shall be given the applicant or licensee and the
department. The board may prescribe by regulations that any licensee
or applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit its
plans and specifications therefor to the department for preliminary
inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized. (1975 !st
ex.s. c 213 § 2; 1953 c 160 § 6; 1951c117 § 10.)
Reviser's note: The amendment of this section by 1975 1st ex.s. c
213 does not take cognizance of the section's repeal by 1975 !st ex.s. c
99 § 17.
18.51.090 Inspection of nursing homes-Approval of new facilities. (1953 c 160 § 6; 1951c117 § 10.) Repealed by 1975 !st ex.s. c 99
§ 17.
Reviser's note: This section was also amended by 1975 !st ex.s. c
213 § 2 without cognizance of the repeal thereof.
18.51.120 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
18.51.130 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
18.51.190 Complaint of violation--Request for inspection--Notice--Confidentiality. Any person may
request an inspection of any nursing home subject to licensing under this chapter in accordance with the provisions of this chapter by giving notice to the
department of an alleged violation of applicable requirements of state law. Any such notice shall be in
writing signed by the complainant and shall set forth
with reasonable particularity the matters complained of.
The substance of the complaint shall be provided to the
licensee no earlier than at the commencement of the
inspection. Neither the substance of the complaint provided the licensee nor any copy of the complaint or
record published, released, or otherwise made available
to the licensee shall disclose the name of any individual
complainant or other person mentioned in the complaint, except the name or names of any duly authorized officer, employee, or agent of the department
conducting the investigation or inspection pursuant to
this chapter, unless such complainant specifically requests the release of such name or names. [1975 1st ex.s.
c 99 § 4.]
(1975 RCW Supp--p 162)
18.51.200 Preliminary review of complaint-Onsite inspection. Upon receipt of a complaint, the department shall assign an inspector to make a preliminary review of the complaint and shall notify the
complainant of the name of such inspector. Unless the
department determines that the complaint is wilfully
intended to harass a licensee or is without any reasonable basis, it shall make an on-site inspection within a
reasonable time after the receipt of the complaint. In
either event, the complainant shall be promptly informed of the department's proposed course of action.
If the complainant requests the opportunity to do so,
the complainant or his representative, or both, may be
allowed to accompany the inspector to the site of the
alleged violations during his tour of the facility, unless
the inspector determines that the privacy of any patient
would be violated thereby. [1975 1st ex.s. c 99 § 5.]
18.51.210 Authority to enter and inspect nursing
home--Advance notice--Defense. (1) Any duly authorized officer, employee, or agent of the department
may enter and inspect any nursing home, including, but
not limited to, interviewing residents and reviewing records, at any time to enforce any provision of this
chapter. Inspections conducted pursuant to complaints
filed with the department shall be conducted in such a
manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection conducted
pursuant to this chapter unless previously and specifically authorized by the secretary or required by federal
law.
(2) Any public employee giving such advance notice
in violation of this section shall be suspended from all
duties without pay for a period of not less than five nor
more than fifteen days.
(3) In any hearing held pursuant to this chapter it
shall be a defense to a violation relating to the standard
of care to be afforded public patients to show that the
department does not provide sufficient funds to meet
the cost of reimbursement standard allegedly violated.
[1975 1st ex.s. c 99 § 6.]
18.51.220 Retaliation or discrimination against complainant prohibited, penalty--Presumption. (1) No licensee shall discriminate or retaliate in any manner
against a patient or employee in its nursing home on
the basis or for the reason that such patient or employee or any other person has initiated or participated in
a~y proce~ding specified in this chapter. A licensee who
v10lates this section is subject to a civil penalty of not
more than five hundred dollars.
(2) Any attempt to expel a patient from a nursing
home, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a complaint has
been submitted to the department or any proceeding
instituted under or related to this chapter within one
year of the filing of the complaint or the institution of
such action, shall raise a rebuttab1e presumption that
such action was taken by the licensee in retaliation for
the filing of the complaint. [1975 1st ex.s. c 99 § 7.]
Nursing Home Administrators
18.51.230
Annual general inspection--Required--Advance notice prohibited. The department
shall, in addition to any inspections conducted pursuant
to complaints filed pursuant to RCW 18.51.190, conduct at least one general inspection each year of all
nursing homes in the state without providing advance
notice of such inspection. At least one such inspection
in any three year period shall take place between the
hours of 7 p.m. and 5 a.m. or on weekends. [ 1975 1st
ex.s. c 99 § 10.]
18.51.240 Alterations or additions--Preliminary
inspection and approval. The board may prescribe by
regulation~ that any license~ or applicant desiring to
make specific types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction,
submit its plans and specifications therefor to the department for. prelifn:inary inspection and approval or
recommendat10ns with respect to compliance with the
regulations and standards herein authorized. [1975 1st
ex.s. c 99 § 11.]
18.51.250 Nursing homes without violations-Public agencies referring patients to be notified--Priority. On or before February 1st of each year, the department shall notify all public agencies which refer
patients to nursing homes of all of the nursing homes in
the area found upon inspection within the previous
twelve-month period to be without violations. Public
agencies shall give priority to such nursing homes in referring publicly assisted patients. [ 1975 I st ex.s. c 99 §
12.]
18.51.260 Citations for violation of RCW 18.51.060
to be posted. Each citation for a violation specified in
subsections ( 1) through (7) of RCW 18.51.060 which is
issued pursuant to this section and which has become
final, or a copy or copies thereof, shall be prominently
posted, as prescribed in regulations issued by the director, until the violation is corrected to the satisfaction of
the department up to a maximum of one hundred
twenty days. The citation or copy shall be posted in a
place or places in plain view of the patients in the nursing home, persons visiting those patients, and persons
who inquire about placement in the facility. [1975 1st
ex.s. c 99 § 13.]
18.51.270 Annual report of citations for violations--Publication--Contents. The department
shall annually publish a report listing all licensees by
name and address, indicating (1) the number of citations and the nature of each citation issued to each licensee during the previous twelve-month period and
the status of any action taken pursuant to each citation,
including p~nalties assessed, and (2) the nature and
status of action taken with respect to each uncorrected
violation for which a citation is outstanding.
The report shall be available to the public, at cost, at
all offices of the department. [1975 lst ex.s. c 99 § 14.]
18.52.040
18.51.280 Chapter cumulative. The remedies provided by this chapter are cumulative, and shall not be
construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party,
and no judgment under this chapter shall preclude any
party from obtaining additional relief based upon the
same facts. [1975 I st ex.s. c 99 § 8.]
18.51.290 Writings deemed public record--Open
to public inspection--Exception. Any writing received,
owned, used, or retained by the department in connection with the provisions of this chapter is a public
record and, as such, is open to public inspection. However, the names of any persons contained in such records, except the names of duly authorized officers,
employees, or agents of the department conducting an
investigation or inspection in response to a complaint
filed pursuant to this chapter, shall not be open to public inspection and copies of such records provided for
public inspection shall have such names deleted. [ 1975
1st ex.s. c 99 § 9.]
18.51.300 Retention and preservation of records of
patients. Unless specified otherwise by the board, a
nursing home shall retain and preserve all records
which relate directly to the care and treatment of a patient for a period of no less than ten years following the
most recent discharge of the patient; except the records
of minors, which shall be retained and preserved for a
period of no less than three years following attainment
of the age of eighteen years, or ten years following such
discharge, whichever is longer.
If a nursing home ceases operations, it shall make
immediate arrangements, as approved by the department, for preservation of its records.
The board shall by regulation define the type of records and the information required to be included in
the records to be retained and preserved under this section; which records may be retained in photographic
form pursuant to chapter 5.46 RCW. [1975 1st ex.s. c
175 § 2.]
Chapter 18.52
NURSING HOME ADMINISTRATORS
Sections
18.52.040
18.52.070
18.52.080
18.52.110
18.52.120
18.52.130
Board of examiners for nursing home administrators-Created-Membership.
Qualifications of licensees-Examinations.
Provisional licenses.
Reregistration of licenses.
Suspension, revocation or refusal of reregistration of
licenses.
Reciprocity.
18.52.040 Board of examiners for nursing home administrators--Created--Membership. There is hereby c~e~ted a state _board of examiners for nursing home
admmistrators which shall consist of nine members appointe_d by the govern~r. All members shall be representative of the professions and institutions concerned
with the care and treatment of chronically ill or infirm
(1975 RCW Supp--p 1631
18.52.040
Tittt: .8:
Businesses and Professions
elderly patients. Howe\'er, at no time shall representatives of a single profession or a single institutional category compose a majority of the board membership. In
addition. no member who is a noninstitutional representati\'e shall have any direct financial interest in
nursing homes while serving as a member of the board.
For purposes of this section, nursing home administrators are considered representatives of institutions. Eight
of the board's members shall be privately or self-employed persons who the governor finds have had at least
four years of actual experience in the administration or
overall management of licensed nursing homes in this
state immediately prior to the governor's appointment
of them to the board; or shall be representatives from
the medical professions, or health care administration
education, or persons with four years actual experience
in the administration of the nursing home unit of a licensed hospital immediately preceding the governor's
appointment of them to the board; and shall be privately or self-employed persons, or persons employed
by educational institutions, whom the governor appoints because of their special knowledge or expertise in
the field of long term care or the care of the aged and
chronically ill: Provided, That one member shall be a
citizen eligible for medicare who shall have no financial
interest in or family ownership connection with nursing
homes. Board members selected who meet any of the
preceding qualifications may in addition be nurses,
physicians or other persons with special health care
training. The governor shall consult with and seek the
recommendations of the appropriate state-wide business and professional organizations and societies primarily concerned with long term health care facilities in
the course of considering his appointments to the
board. [ 1975 I st ex.s. c 97 § l; 1970 ex.s. c 57 § 4.]
18.52.070 Qualifications of licensees--Examinations. Upon the director's receipt of an application and
examination fee determined by the director as provided
in RCW 43.24.085 as now or hereafter amended, and
completed application forms provided by the director, a
nursing home administrator's license shall be issued to
any person who:
(1) Is at least twenty-one years of age and of good
moral character.
(2) Has satisfactorily completed a course of instruction and training concerning nursing home or health
facility administration approved by the board, or has
presented upon his affidavit evidence satisfactory to the
board of at least two years of practical experience in the
field of institutional administration which, regardless of
formal training or instruction, is in the opinion of the
board equivalent to two years of experience in the operation of a nursing home.
(3) Has passed an examination administered by the
board which shall be designed to test the candidate's
competence to administer a nursing home on the basis
of the candidate's formal instruction and training or
actual experience: Provided however, That nothing in
this chapter or the rules and regulations thereunder
shall be construed to require an applicant for a license
or provisional license as a nursing home administrator
(1975 RCW Supp--p 164)
who is certified by any well established and generally
recognized church or religious denomination which
teaches reliance on spiritual means alone for healing as
having been approved to administer institutions certified by such church or denomination for the care and
treatment of the sick in accordance with its teachings,
to demonstrate proficiency in any medical techniques or
to meet any medical educational qualifications or medical standards not in accord with the remedial care and
treatment provided in such institutions: Provided further, That any such individual shall demonstrate in the
process of application for the examination his membership in such church or religious denomination and his
license shall indicate the limited extent of his authority
to act as an administrator.
(4) The initial administrator members of the board
shall be selected and appointed by the governor to meet
the requirements of subsection (l) of this section and of
RCW 18.52.040 and 18.52.050. The three nonadministrator members of the first board shall administer to the
initial administrator members an appropriate examination, and the initial administrator members shall thereafter be issued their licenses under this chapter as
nursing home administrators. The three nonadministrator members of the first board may exercise the powers
of the board to carry out licensing of the initial administrator members, regardless of the normal quorum or
procedural requirements for board action. The licensing
of the initial administrator members of the first board
shall be carried out within thirty days after appointment
of the board, and in all even ts prior to April 1, 1970.
[1975 1st ex.s. c 30 § 52; 1970 ex.s. c 57 § 7.)
18.52.080 Provisional licenses. (1) Upon the director's receipt of an annual fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended, a provisional license may be issued to any
individual applying therefor who has served, as shown
by such individual's affidavit, as a nursing home administrator during all of the calendar year immediately
preceding July 1, 1970, and meets the standards of
RCW 18.52.070(1). Any such provisional license shall
terminate after two years or at midnight, June 30, 1972,
whichever is earlier. If prior to the expiration of such
provisional license, the provisional licensee has qualified
to take and has passed the examination required by the
board, a nursing home administrator's license shall be
issued to him.
(2) If a provisional license is issued to any individual,
there shall be provided in this state during all of the
period for which such provisional license remains in effect a program of training and instruction designed to
enable all provisional licensed nursing home administrators to attain the qualifications necessary to be fully
licensed as a nursing home administrator as provided
under this chapter. The single state agency administering the program of this state under Title XIX of the
Federal Social Security Act shall apply for, receive, and
administer such federal funds as are made available to
carry out the educational programs contemplated by
this section. [1975 1st ex.s. c 30 § 53; 1970 ex.s. c 57 §
8.]
18.53.005
Optometry
18.52.110 Reregistration of licenses. (I) Every hold.er
of a nursing home administrator's license shall .rereg1ster it annually with the dir~cto.r on dates spec1~ed by
the director by making apphcat1on for rer~g1str~t10n on
forms provided by the director. Such .rereg1strat10n shall
be granted automatically up~n re~e1pt of a fee determined by the director as provided m RCW 43.24.?85 as
now or hereafter amended. In the event that any license
is not reregistered within thirty days after the d~te for
reregistration specifie? by the d1re~tor, the director
shall, in accordance with rules prescnbed by the board,
give notice to the license holder, and may thereafter in
accordance with rules prescribed by the board charge
up to double the normal reregistration fee. In the event
that the license of an individual is not reregistered
within three years from the most recent date for reregistration it shall lapse and such individual must again
apply for licensing and meet all requirements of this
chapter for a new applicant. The board may prescribe
rules for maintenance of a license at a reduced fee for
temporary or permanent withdrawal or retirement from
the active practice of nursing home administration.
(2) A condition of reregistration shall be the presentation of proof by the applicant that he has attended
the number of classroom hours of approved educational
programs, classes, seminars, or proceedings set by the
board. The board shall have the power to approve programs, classes, seminars, or proceedings offered in this
state or elsewhere by any accredited institution of
higher learning or any national or local group or society
if such programs, classes, seminars, or proceedings are
reasonably related to the administration of nursing
homes. The board shall establish rules and regulations
providing that the applicant for reregistration may
present such proofs yearly, or may obtain the cum~la­
tive number of required hours over a three year penod
and present such proofs over periods of three years. In
no event shall the number of classroom hours required
for any time period exceed the number of such board
approved classroom hours reasonabl~ a.vailable o~er
such time period on an adult or contmumg educat10n
basis to nonmatriculating participants in this state.
(3) An individual may obtain and reregister a license
under this chapter although he does not actively engage
in nursing home administration. [1975 1st ex.s. c 30 §
54; 1971 ex.s. c 266 § 9; 1970 ex.s. c 57 § 11.]
18.52.120 Suspension, revocation or refusal of reregistration of licenses. The director, after notice and hearing before the board and upon the order of the board
shall refuse to reregister or shall suspend or revoke an
administrator's license as provided in this chapter:
(I) In the event the licensee or applicant has committed any fraud or material misrepresentation or concealment in obtaining or applying for the license.
(2) In the event the licensee or applicant has been
convicted of a crime involving moral turpitude.
(3) If the license was obtained due to the mistake or
inadvertence of the board or director.
(4) In the event the licensee has wilfully or repeatedly
violated any of the provisions of this chapter or of the
rules promulgated by the board in accordance with this
chapter, or of the rules promulgat~d by the depar.tment
of social and health services: Provided, That the license
suspension shall only occur when insti!uted by board
action and shall be subject to court review pursuant to
chapter 34.04 RCW.
(5) In the event the licensee has been d~cl~re? ~en­
tally incompetent by a court of competent JUnsd1ct10n.
Persons whose licenses have been revoked, or to
whom reregistration has been refu~ed, may, on sub~e­
quent application be licensed, rehcens~d, or rereg1stered, according to such rules or regul~t10ns as may be
prescribed by the board and accord~ng to standards
prescribed by the board. Su~pe~ded hce~ses are automatically in force at the expiration of th1r.ty days. from
the date of suspension, but must be rereg1stered m the
normal course if they expire during the period of suspension. [1975 lst ex.s. c 97 § 2; 1970 ex.s. c 57 § 12.]
18.52.130 Reciprocity. Upon receipt of an application fee determined by the director as provided in RCW
43.24.085 as now or hereafter amended and an annual
license fee, the director may issue a nursing home administrator's license, without examination, to any person who holds a current license as a nursing home
administrator from another jurisdiction: Provided, That
the board finds that the standards for licensing in such
other jurisdiction are at least the substantial eqll:ivale~t
of those prevailing in this state, and that the applicant 1s
otherwise qualified. In the event that there is developed
a nationally recognized standard for the licensing of
nursing home administrators which is in fact utilized in
licensing procedures on a reasonably uniform basis the
board may by rule or regulation provide for granting
reciprocal licensing on a showing of compliance with
such standard. [1975 1st ex.s. c 30 § 55; 1970 ex.s. c 57
§ 13.]
Chapter 18.53
OPTOMETRY
Sections
18.53.005
18.53.010
18.53.020
18.53.040
18.53.050
18.53.060
18.53.070
18.53.070
18.53.090
18.53.100
18.53.140
18.53.155
18.53.190
18.53.200
18.53.911
Legislative finding and declaration.
Definition.
Licensing required.
Exemptions-Exceptions--Limitation.
Certificate renewal--Suspension, revocation for failure
to pay--Optometry account.
License applicants--Eligibility--QualificationsExaminations-Exception.
Application fees (as amended by 1975 !st ex.s. c 30).
Application and license fees (as amended by 1975 !st
ex.s. c 69).
Repealed.
Revocation of license-Grounds.
Unlawful acts-Penalty.
Injunction to restrain violations.
Discrimination prohibited-Application of law.
Privileged communications.
Severability-1975 !st ex.s. c 69.
18.53.005 Legislative finding and declaration. The
legislature finds and declares that the practice of optometry is a learned profession and affects the health,
welfare and safety of the people of this state, and
should be regulated in the public interest and limited to
[1975 RCW Supp--p 165)
18.53.005
Title 18:
Businesses and Professions
qualified persons licensed under the provisions of *this
1975 amendator: act. [1975 1st ex.s. c 69 § I.]
*Reviser's note: "this 1975 amendatory act" [ 1975 !st ex.s. c 69)
consists of RCW 18.53.005. 18.53.155, 18.53.200, 18.53.911, amendments to RCW 18.53.010. 18.53.020, 18.53.040, 18.53.060, 18.53.070,
18.53.100, 18.53.140, 18.53.190, 18.54.050, 18.54.070, 18.54.080, 18.54.140 and the repeal of RCW 18.53.090.
18.53.010 Definition. The practice of optometry is
defined as the examination of the human eye, the examination and ascertaining any defects of the human
vision system and the analysis of the process of vision.
The practice of optometry may include, but not necessarily be limited to, the following:
(I) The employment of any objective or subjective
means or method and the use of any diagnostic instruments or devices for the examination or analysis of the
human vision system, the measurement of the powers or
range of human vision, or the determination of the refractive powers of the human eye or its functions in
general; and
(2) The prescription and fitting of lenses, prisms,
therapeutic or refractive contact lenses and the
adaption or adjustment of frames and lenses used in
connection therewith; and
(3) The prescription and provision of visual therapy,
therapeutic aids and other optical devices; and
(4) The ascertainment of the perceptive, neural, muscular or pathological condition of the visual system;
and
(5) The adaptation of prosthetic eyes. [ 1975 I st ex.s. c
69 § 2; 1919 c 144 §I; RRS § 10147. Prior: 1909 c 235
§ I.]
18.53.020 Licensing required. It shall be unlawful for
any person to practice optometry as above defined in
the state of Washington without first obtaining a license
from the director of motor vehicles. [ 1975 l st ex.s. c 69
§ 3; 1919 c 144 § 2; RRS § 10148. Prior: 1909 c 235 §
5.]
18.53.040 Exemptions--Exceptions--Limitation.
Nothing in this chapter shall be construed to pertain in
any manner to the practice of any regularly qualified
oculist or physician, who is regularly licensed to practice medicine in the state of Washington, or to any person who is regularly licensed to practice as a dispensing
optician in the state of Washington, nor to any person
who in the regular course of trade, sells or offers for
sale, spectacles or eyeglasses as regular merchandise
without pretense of adapting them to the eyes of the
purchaser, and not in evasion of this chapter: Provided,
That any such regularly qualified oculist or physician or
other person shall be subject to the provisions of subdivisions (10) through (15) of RCW 18.53.140, in connection with the performance of any function coming
within the definition of the practice of optometry as defined in this chapter: Provided further, however, That in
no way shall this section be construed to permit a dispensing optician to practice optometry as defined in
*this 1975 amendatory act. [1975 1st ex.s. c 69 § 15;
1937 c 155 § 3; 1919 c 144 § 15; Rem. Supp. 1937 §
10159. Prior: 1909 c 235 § 13.]
(1975 RCW Supp--p 1661
*Reviser's note: "this 1975 amendatory act", see note following
RCW 18.53.005.
18.53.050 Certificate renewal--Suspension, revocation for failure to pay--Optometry account. During
the month of January of each year, every registered optometrist shall pay to the state treasurer a renewal fee,
to be determined by the director as provided in RCW
43.24.085 as now or hereafter amended, and failure to
pay such fee within the prescribed time shall cause the
suspension of his certificate. The state treasurer shall
place two dollars and forty cents from each renewal fee
into the general fund and shall place the balance into
an optometry account which is hereby created for the
enforcement of this chapter. Any residue in such account shall be accumulated and shall not revert to the
general fund at the end of any biennium.
In the event of failure to pay the renewal fee, the director shall mail a notice of such suspension to the last
known post office address of the holder between the
first and fifth days of February, March, and April next
following and if the fee is not paid by May 1st the director may declare the certificate revoked and immediately notify the county clerk of the county in which the
certificate is recorded, and the clerk shall mark his records accordingly. [1975 1st ex.s. c 30 § 56; 1971 ex.s. c
266 §IO; 1955 c 275 §I; 1919 c 144 § 13; RRS §
10158.]
18.53.060
License applicants--Eligibility-Qualifications--Examinations--Exception. From
and after January 1, 1940, in order to be eligible for examination for registration, a person shall be a citizen of
the United States of America, who shall have a preliminary education of or equal to four years in a state accredited high school and has completed a full
attendance course in a regularly chartered school of
optometry maintaining a standard which is deemed
sufficient and satisfactory by the optometry board, who
is a person of good moral character, who is not afflicted
with any contagious or infectious disease, who has a visual acuity in at least one eye, of a standard known as
20140 under correction: Provided, That from and after
January 1, 1975, in order to be eligible for examination
for a license, a person shall have the following
qualifications:
(I) Be a graduate of a state accredited high school or
its equivalent;
(2) Have a diploma or other certificate of completion
from an accredited college of optometry or school of
optometry, maintaining a standard which is deemed
sufficient and satisfactory by the optometry board, conferring its degree of doctor of optometry or its equivalent, maintaining a course of four scholastic years in
addition to preprofessional college level studies, and
teaching substantially all of the following subjects:
General anatomy, anatomy of the eyes, physiology,
physics, chemistry, pharmacology, biology, bacteriology, general pathology, ocular pathology, ocular neurology, ocular myology, psychology, physiological optics,
optometrical mechanics, clinical optometry, visual field
Optometry
charting and orthoptics, general laws of optics and refraction and use of the opthalmoscope, retmoscop_e and
other clinical instruments necessary in the practice of
optometry;
(3) Be of good moral character; and
(4) Have no contagious or infectious disease.
Such person shall file_ an application f<?r an ~xamina­
tion and license with said board at any time thirty days
prior to the time fixed for such examination, or ~t a
later date if approved by the board, and such application must be on forms approved by the board, and
properly attested, and if found to be in accordance with
the provisions of this chapter shall entitle the applicant
upon payment of the proper fee, to take the examination prescribed by the board. Such examination shall
not be out of keeping with the established teachings and
adopted textbooks of the recognized schools of optometry, and shall be confined to such subjects and practices as are recognized as essential to the practice of
optometry. All candidates without discrimination, who
shall successfully pass the prescribed examination, shall
be registered by the board and shall, upon payment of
the proper fee, be issued a license. The optometry
board, at its discretion, may waive all or a portion of
the written examination for any applicant who has satisfactorily passed the examination given by the National Board of Examiners in Optometry. Any license to
practice optometry in this state issued by the director,
and which shall be in full force and effect at the time of
passage of *this 1975 amendatory act, shall be continued. [1975 !st ex.s. c 69 § 4; 1937 c 155 § I; 1919 c 144
§ 5; Rem. Supp. 1937 § 10150. Prior: 1909 c 235 § 7.
Formerly RCW 18.53.060 and 18.53.080.]
*Reviser's note: "this 1975 amendatory act", see following RCW
18.53.005.
18.53.070 Application fees (as amended by 1975 1st ex.s. c 30). The
fees for application for examination and for issuing a certificate of
registration shall be determined by the director as provided in RCW
43.24.085 as now or hereafter amended, which shall be paid to the director as he shall prescribe. (1975 1st ex.s. c 30 § 57; 1919 c 144 § 9;
RRS § 10151. Prior: 1909 c 235 § 7.)
18.53.070 Application and license fees (as amended by 1975 1st
ex.s. c 69). The fee for application for examination shall be fifteen
dollars and the fee for issuing a license shall be the same as the annual renewal fee set forth in RCW 18.53.050 as the same now exists
or is hereafter amended, which shall be paid to the director as he shall
prescribe. (1975 !st ex.s. c 69 § 5; 1919 c 144 § 9; RRS § 10151. Prior:
1909 c 235 § 7.)
Reviser's note: RCW 18.53.070 was amended twice during the 1975
first extraordinary session of the legislature, each without reference to
the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
18.53.090 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
18.53.100 Revocation of license--Grounds. The
optometry board may under the provisions of the administrative procedure act, chapter 34.04 RCW, upon
presentation of evidence and information by the director, revoke the license of any optometrist for any of the
following causes:
18.53.140
(I) Conviction of any cnme involving moral turpitude; or
(2) Any form of fraud or deceit used in securing a license; or
(3) Any unprofessional conduct, of a nature likely to
deceive or defraud the public; or
(4) The obtaining of any fee by fraud or misrepresentation; or
(5) The employing either directly or indirectly of any
person or persons common Iy known as " cappers " or
"steerers" to obtain business; or
(6) To employ any person to solicit from house to
house, or to personally solicit from house to house; or
(7) The employment of any unlicensed person to perform the work covered by this chapter; or
(8) Advertisement in any way in which untruthful,
improbable or impossible statements are made regarding treatments, cures or values; or
(9) The use of the term "eye specialist" in connection
with the name of such optometrist; or
(10) For habits of intemperance or habitual drunkenness, addiction to the drug habit, in a manner likely to
destroy the accuracy of the work of an optometrist; or
(11) Affliction with a contagious or infectious disease,
or one which is likely to destroy the accuracy of the
work of the afflicted; or
(12) For any cause for which the director or board of
optometry might refuse to admit a candidate to his examination; or
(13) Inability to demonstrate, in a manner satisfactory to the director or the board of optometry, their practical ability to perform any function set forth in RCW
18.53.010 which they utilize in their practice; or
(14) For the violation of any provision of this chapter
or any rules and regulations of the director or the optometry board. [1975 1st ex.s. c 69 § 6; 1919 c 144 § 11;
RRS § 10156. Prior: 1909 c 235 §§ 11, 12.]
False advertising: Chapter 9.04 RCW.
Narcotics: Chapter 69.32 RCW.
Powers previously vested in director oflicenses under RCW 18.53.100
now vested in optometry board: RCW 18.54.150.
Uniform alcoholism and intoxication treatment act: Chapter 70.96A
RCW.
18.53.140 Unlawful acts--Penalty. It shall be unlawful for any person:
(I) To sell or barter, or offer to sell or barter any license issued by the director; or
(2) To purchase or procure by barter any license with
the intent to use the same as evidence of the holder's
qualification to practice optometry; or
(3) To alter with fraudulent intent in any material regard such license; or
(4) To use or attempt to use any such license which
has been purchased, fraudulently issued, counterfeited
or materially altered as a valid license; or
(5) To practice optometry under a false or assumed
name, or as a representative or agent of any person,
firm or corporation with which the licensee has no connection: Provided, Nothing in this chapter nor in the
optometry law shall m.ake it unlawful for any lawfully
licensed optometrist or association of lawfully licensed
11975 RCW Supp--p 167)
18.53.140
Title 18:
Businesses and Professions
optometrists to practice optometry under the name of
any lawfully licensed optometrist who may transfer by
inheritance or otherwise the right to use such name; or
(6) To wilfully make any false statements in material
regard in an application for an examination before the
director, or for a license; or
(7) To practice optometry in this state either for himself or any other individual. corporation, partnership,
group, public or private entity, or any member of the
licensed healing arts without having at the time of so
doing a valid license issued by the director of motor
vehicles; or
(8) To in any manner barter or give away as premiums either on his own account or as agent or representative for any other purpose, firm or corporation, any
eyeglasses, spectacles. lenses or frames; or
(9) To use drugs in the examination of eyes; or
(I 0) To use advertising whether printed, radio, display, or of any other nature, which is misleading or inaccurate in any material particular, nor shall any such
person in any way misrepresent any goods or services
(including but without limitation, its use, trademark,
grade, quality, size, origin, substance, character, nature,
finish, material, content, or preparation) or credit terms,
values, policies, services, or the nature or form of the
business conducted; or
( 11) To advertise the "free examination of eyes,"
"free consultation," "consultation without obligation,"
"free advice," or any words or phrases of similar import
which convey the impression to the public that eyes are
examined free or of a character tending to deceive or
mislead the public, or in the nature of "bait advertising;" or
(12) To use an advertisement of a frame or mounting
which is not truthful in describing the frame or mounting and all its component parts. Or advertise a frame or
mounting at a price, unless it shall be depicted in the
advertisement without lenses inserted, and in addition
the advertisement must contain a statement immediately following, or adjacent to the advertised price, that the
price is for frame or mounting only, and does not include lenses, eye examination and professional services,
which statement shall appear in type as large as that
used for the price, or advertise lenses or complete
glasses. viz.: frame or mounting with lenses included, at
a pr_ice either alone or in conjunction with professional
services: or
(13) To use advertising. whether printed, radio, display, or of any other nature, which inaccurately lays
claim to a policy or continuing practice of generally
underselling competitors; or
(14) To use advertising, whether printed, radio, display or of any other nature which refers inaccurately in
any material particular to any competitors or their
goods, prices. values. credit terms, policies or services;
or
( 15) To use advertising whether printed, radio, display, or of any other nature, which states any definite
amount of money as "down payment" and any definite
amount of money as a subsequent payment, be it daily,
weekly, monthly, or at the end of any period of time; or
(1975 RCW Supp--p 168(
(16) To violate any provision of this chapter or any
rules and regulations promulgated thereunder. [ 1975 1st
ex.s. c 69 § 7; 1945 c 78 § l; 1935 c 134 § I; 1919 c 144
§ 7; Rem. Supp. 1945 § 10152. Cf. 1909 c 235 § 5.)
False advertising: Chapter 9.04 RCW.
18.53.155 Injunction to restrain violations. If any
person engages in the practice of optometry without
possessing a valid license to do so, or if he violates the
provisions of RCW 18.53.100 or 18.53.140, the attorney
general, any prosecuting attorney, the director, or any
citizen of the same county, may maintain an action in
the name of the state of Washington to enjoin such
person from engaging in practice as an optometrist. The
injunction shall not relieve from criminal prosecution,
but the remedy by injunction shall be in addition to the
liability of such offender to criminal prosecution and to
suspension or revocation of his license. [ 1975 I st ex.s. c
69 § 13.)
18.53.190 Discrimination prohibited--Application
of law. RCW 18.53.165 through 18.53.185 shall apply to
all agreements, renewals, or contracts issued on or after
June 7, 1973.
Health care service contracts having a participant
agreement with a majority of the licensed optometrists
within its service area may provide benefits to persons
or groups of persons through contracts which allow a
subscriber to utilize on an equal participation basis the
services of any participant provided in the contract, and
such contracts shall not be discriminatory. {1975 1st
ex.s. c 69 § 8; 1973 c 48 § 6.)
18.53.200 Privileged communications. The information and records of a licensed optometrist pertaining to
a patient shall be privileged communications, the same
as now or hereafter may exist in the relationship of
physician and patient and shall not be released or subjected to disclosure without the consent of the patient
or as otherwise required by law. [1975 !st ex.s. c 69 §
14.)
Privileged communications-Physician and patient: RCW 5.60.060.
18.53.911 Severability--1975 1st ex.s. c 69. If any
provision of this 1975 amendatory act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the application of the provision
to other persons or circumstances is not affected. [ 1975
1st ex.s. c 69 § 17.]
Reviser's note: This applies to RCW 18.53.005, 18.53.155, 18.53.200,
1975 amendments to RCW 18.53.010, 18.53.020, 18.53.040, 18.53.060,
18.53.070, 18.53.100, 18.53.140, 18.53.190, 18.54.050, 18.54.070, 18.54.080, 18.54.140 and to the repeal of RCW 18.53.090.
Chapter 18.54
OPTOMETRY BOARD
Sections
18.54.050
18.54.070
18.54.080
18.54.140
Meetings.
Powers and duties--Examinations--Unprofessional
conduct-Employment of personnel.
"Unprofessional conduct" defined.
Board may draw on optometry account.
18.57.130
Osteopathy
18.54.050 Meetings. The board must meet at least
once yearly or more frequently upon call of the chairman or the director of motor vehicles at such times and
places as the chairman or the director of motor vehicles
m.ay designate by giving three days' notice or as otherwise required by the administrative procedure act,
chapter 34.04 RCW as now or hereafter amended. [ 1975
1st ex.s. c 69 § 9; 1963 c 25 § 5.]
vouchers approved by the director of motor vehicles, so
much money as is necessary to carry into effect, to administer, and to enforce the provisions of this chapter.
[1975 1st ex.s. c 69 § 12; 1963 c 25 § 14.]
Severability-1975 1st ex.s. c 69: See RCW 18.53.911.
Chapter 18.57
OSTEOPATHY
Severability-1975 1st ex.s. c 69: See RCW 18.53.911.
18.54.070 Powers and duties--Examinations-Unprofessional conduct--Employment of personnel.
The board has the following powers and duties:
<.I) 1:he board shall prepare the necessary lists of exammat1on questions, conduct examinations, either written .or oral or partly written and partly oral, and shall
certify to the director of motor vehicles all lists, signed
bX all members conducting the examination, of all applica~ts ~or licenses who have successfully passed the
exammat10n and a separate list of all applicants for licens~s who have failed to pass the examination, together wit~ a copy of all examination questions used, and
t~e wntten. answers to questions on written examinations submitted by each of the applicants.
(2) The director shall investigate all complaints and
charges ~f unprofessional conduct against any licensed
optometnst, and the board shall hold hearings to determine whether or not such charges are founded.
(3) The bo~rd shall take disciplinary action against
any. optometnst whom the board finds guilty of unprofessional conduct; and may, under appropriate circumstances, order the revocation or suspension of a license
to practice optometry by filing a copy of its findings
and conclusions with the director of motor vehicles.
(4) The board may employ stenographic and clerical
help, and such other assistance as may be necessary to
enforce the provisions of this chapter.
(5) The board shall adopt rules and regulations to
promote safety, protection and the welfare of the public, to carry out the purposes of this chapter, to aid the
board in the performance of its powers and duties, and
to govern the practice of optometry. [1975 1st ex.s. c 69
§ 10; 1963 c 25 § 7.]
Severability-1975 1st ex.s. c 69: See RCW 18.53.911.
18.54.080 "Unprofessional conduct" defined. The
term "unpr?fessional conduct" as used in this chapter
means and mcludes the following acts and omissions, or
any one or any combination thereof, as follows:
(1) Any one or more of the acts enumerated as
g.rounds for revocation of a license, under the provis10ns of RCW 18.53. JOO; or
(2) Any one or more of the acts enumerated as unlawful under the provisions of RCW 18.53.140. [1975
1st ex.s. c 69 § 11; 1963 c 25 § 8.J
Severability-1975 1st ex.s. c 69: See RCW 18.53.911.
18.~4.140 .Board may draw on optometry account.
Notw1thstandmg any other provisions of law rule or
regulation, the board may draw from the opto~etry account created and held pursuant to RCW 18.53.050, on
Sections
18.57 .050
18.57.130
Fees-Disposition-Bond-Expenses.
Licenses under preexisting laws or other states-Osteopathy defined-Fees.
Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290.
18.57.050
Fees--Disposition--Bond--Expenses. Each applicant on making application shall pay
the director a fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended
which shall be paid to the state treasurer by said director and used to defray the expenses and compensation
of said director. In case the applicant's credentials are
insufficient, or in case he does not desire to take the examination, the sum of fifteen dollars shall be returned.
All persons licensed to practice osteopathy or osteopathy and surgery within this state who are engaged in
active practice shall pay on or before the first day of
May of each year to the director a renewal license fee
determined by the director as provided in RCW 43.24.085 as now or hereafter amended. Licenses not so renewed will not be valid. The director shall thirty days
or more before May 1st of each year mail to all active
practitioners of osteopathy or osteopathy and surgery in
this state at their last known address a notice of the fact
that the renewal fee will be due on or before the first of
May. Nothing in this chapter shall be construed so as to
require that the receipt shall be recorded as original licenses are required to be recorded. [ 1975 1st ex.s. c 30 §
58; 1971 ex.s. c 266 § 11; 1919 c 4 § 6; RRS § 10058.
Cf. 1909 c 192 § 7. Formerly RCW 18.57.050 and
18.57.120.]
18.57.130 Licenses under preexisting laws or other
states--Osteopathy defined--Fees. Any person who
holds a license authorizing him to practice osteopathy
from a board of medical examiners heretofore existing,
under the provision of any laws of this state, past or
present, shall be entitled to practice osteopathy in this
state the same as if issued under this chapter, and any
person, who shall have been examined and licensed to
practice osteopathy by a state board of osteopathic examiners of another state or the duly constituted authorities of another state authorized to issue licenses to
practice osteopathy upon examination, shall be entitled
to receive a license to practice osteopathy in this state
upon the payment of a fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
~mende.d to the state treasurer and filing a copy of his
license m such other state, duly certified by the authorities granting the license to be a full, true, and correct
copy thereof, and certifying also that the standard of
(1975 RCW Supp--p 169)
18.57.130
Title 18:
Businesses and Professions
requirements adopted hy such authorities as provided
by the law of such state is equal to that provided for by
the pro\'isions of this chapter: Provided, That no license
shall issue without examination to any person who has
pre\'iousl) failed in an examination held in this state:
Provided, further, That all licenses herein mentioned
may be revoked for unprofessional conduct, in the same
manner and upon the same grounds as if issued under
this chapter: Provided, further, That the term osteopathy. as used in this chapter, shall be held to be the
practice and procedure as taught and recognized by the
regular colleges of osteopathy: Provided, further, That
no one shall be permitted to practice surgery who has
not a license therefor. [ 1975 1st ex.s. c 30 § 59; 1921 c
82 § l; 1919 c 4 § 17; RRS § 10069. Formerly RCW
18.57.010, 18.57.040, part, and 18.57.130.]
Chapter 18.57A
OSTEOPATHIC PHYSICIANS' ASSISTANTS
Chapter 18.64
PHARMACISTS
Sections
18.64.300
18.64.301
18.64.302
18.64.300 Pharmacist members of committees to
evaluate credentials and qualifications of pharmacists-Immunity from civil suit. See RCW 4.24.240.
18.64.301 Pharmacists filing charges or presenting
evidence before pharmaceutical society--lmmunity
from civil suit. See RCW 4.24.250, 4.24.260.
18.64.302 Records of pharmaceutical society not subject to civil process. See RCW 4.24.250.
Sections
18.57A.040 Osteopathic physician's application for assistant-Fee--Approval or rejection by board--Hearing.
18.57A.040 Osteopathic physician's application for
assistant--Fee--Approval or rejection by board-Hearing. No osteopathic physician practicing in this
state shall utilize the services of an osteopathic physician's assistant without the approval of the board.
Any osteopathic physician licensed in this state may
apply to the board for permission to use the services of
an osteopathic physician's assistant. The application
shall be accompanied by a fee determined by the director as provided in RCW 43.24.085 as now or hereafter
amended, shall detail the manner and extent to which
the physician's assistant would be used and supervised,
shall detail the education, training, and experience of
the osteopathic physician's assistant and shall provide
such other information in such form as the board may
requlfe.
The board may approve or reject such applications.
In addition, the board may modify the proposed utilization of the osteopathic physician's assistant, and approve the application as modified. No such approval
shall extend for more than one year, but approval once
granted may be renewed annually upon payment of a
fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended. Whenever it appears to the board that an osteopathic physician's
assistant is being utilized in a manner inconsistent with
the approval granted, the board may withdraw such
approval. In the event a hearing is requested upon the
rejection of an application, or upon the withdrawal of
an approval, a hearing shall be conducted in accordance with RCW 18.57.180. [1975 1st ex.s. c 30 § 60;
1971 ex.s. c 30 § 10.]
Pharmacist members of committees to evaluate credentials and qualifications of pharmacists--Immunity
from civil suit.
Pharmacists filing charges or presenting evidence before
pharmaceutical society--Immunity from civil suit.
Records of pharmaceutical society not subject to civil
process.
Chapter t 8. 71
PHYSICIANS
Sections
18.71.010
18.71.011
18.71.015
18.71.020
18.71.025
18.71.030
18.71.040
18.71.040
18.71.050
18.71.051
18.71.055
18.71.060
18.71.070
18.71.080
18.71.080
18.71.090
18.71.090
18.71.095
18.71.096
18.71.145
18.71.165
18.71.180
18.71.195
18.71.220
18.71.900
18.71.941
Acti~ns
Definitions.
Definition of practice of medicine--Engaging in practice of chiropractic prohibited, when.
Washington state board of medical examiners.
Licensing required--Penalties, enforcement--Fines
to state treasurer--Remittance of justice court fines,
fees, penalties and forfeitures.
Injunction to prevent practice until license secured.
Exemptions.
Application fee (as amended by 1975 !st ex.s. c 30).
Application, examination fees (as amended by 1975 1st
ex.s. c 171).
Application--Eligibility requirements--United
States and Canadian graduates.
Application--Eligibility requirements--Foreign
graduates.
Schools of medicine--Requirements for approval.
Record of proceedings of board and of applications.
Examination--Record.
License--Annual renewal (as amended by 1975 1st
ex.s. c 30).
License--Annual renewal--Continuing education
requirement--Failure to renew, procedure (as
amended by 1975 1st ex.s. c 171).
License without examination--Reciprocity--National board examinees--Fee (as amended by 1975
I st ex.s. c 30) .
License without examination--Reciprocity--National board examinees--Fee (as amended by 1975
1st ex.s. c 171).
Limited licenses.
Repealed.
Denial of license application or renewal--Notification--Right to hearing.
Board of medical examiners--lmmunity from suit.
Denial of license--Statement of grounds--Record.
Suspension of physician's license for mental incompetency or illness, physical condition--Hearing--Examination--Reinstatement-Grounds.
Rendering emergency care--Immunity of physician or
hospital from civil liability.
Repealed.
Severability--1975 1st ex.s. c 171.
for negligence against, evidence and proof required to prevail: RCW 4.24.290.
Medical practice investigator, powers and duties: RCW 18.7JA.070.
(1975 RCW Supp--p 170)
Physicians
18. 71.010 Definitions. The following terms used in
this chapter shall have the meanings set forth in this
section unless the context clearly indicates otherwise:
(I) "Board" means the board of medical examiners.
(2) "Director" means the director of the department
of motor vehicles.
(3) "Resident physician'' means an individual who
has graduated from a school of medicine which meets
the requirements set forth in RCW 18.71.055 and is
serving a period of postgraduate clinical medical training sponsored by a college or university in this state or
by a hospital accredited by this state. For purposes of
this chapter, the term shall include individuals designated as intern or medical fellow. [1975 lst ex.s. c 171 §
l; 1961 c284§ l; 1957c60§2.Prior: 1947c 168§ l,
part; 1919 c 134 § 3, part; 1909 c 192 § 6, part; Rem.
Supp. 1947 § 10008, part; prior: 1905 c 41 § l, part;
1901 c 42 § l, part; 1890 p 115 § 3, part; Code 1881 §
2285, part.]
Uniform anatomical gift act: Chapter 68.08 RCW.
18.71.011 Definition of practice of medicine-Engaging in practice of chiropractic prohibited, when. A
person is practicing medicine if he does one or more of
the following:
( l) Offers or undertakes to diagnose, cure, advise or
prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
mental, real or imaginary, by any means or
instrumentality;
(2) Administers or prescribes drugs or medicinal
preparations to be used by any other person;
(3) Severs or penetrates the tissues of human beings;
(4) Uses on cards, books, papers, signs or other written or printed means of giving information to the public, in the conduct of any occupation or profession
pertaining to the diagnosis or treatment of human disease or conditions the designation "doctor of medicine", "physician'', "surgeon", "m.d." or any
combination thereof unless such designation additionally contains the description of another branch of the
healing arts for which a person has a license: Provided
however, That a person licensed under this chapter
shall not engage in the practice of chiropractic as defined in RCW 18.25.005. [1975 lst ex.s. c 171 § 15.]
18.71.015 Washington state board of medical examiners. There is hereby created a board of medical examiners consisting of six individuals licensed to practice
medicine in the state of Washington and one individual
who is not a physician, to be known as the Washington
state board of medical examiners.
The board shall b~ appointed by the governor. The
members of the first board shall be appointed within
thirty days after March 21, 1961, to serve the following
terms: One member for one year, one member for two
years, one member for three years, one member for four
years, one member for five years, from the date of their
appointment,. or until their successors are duly appointed and quahfied. On expiration of the term of any
member, the governor shall appoint for a period of five
years an individual of similar qualifications to take the
18.71.020
place of such member. Each member shall hold office
until the expiration of the term for which such member
is appointed or until a successor shall have been appointed and shall have qualified.
Each member of the board shall be a citizen of the
United States, must be an actual resident of this state,
and, if a physician, must have been licensed to practice
medicine in this state for at least five years.
The board shall meet as soon as practicable after appointment and elect a chairman and a secretary from its
members. Meetings shall be held at least four times a
year and at such place as the board shall determine and
at such other times and places as the board deems
necessary.
It shall require the affirmative vote of a majority of
the members of the board to carry any motion or resolution, to adopt any rule, to pass any measure, or to
authorize or deny the issuance of any certificate.
Each member of the board shall receive the sum of
forty dollars per diem when actually attending to the
work of the board or any of its committees and for the
time spent in necessary travel; and in addition thereto
shall be reimbursed for actual traveling, incidental and
clerical expenses necessarily incurred in carrying out
the duties of the board. Any such expenses shall be paid
from funds appropriated to the department of motor
vehicles.
Any member of the board may be removed by the
governor for neglect of duty, misconduct or malfeasance or misfeasance in office.
Vacancies in the membership of the board shall be
filled for the unexpired term by appointment by the
governor. [1975 1st ex.s. c 171 § 2; 1961 c 284 § 2.]
18.71.020 Licensing required--Penalties, enforcement--Fines to state treasurer--Remittance of justice court fines, fees, penalties and forfeitures. Any
person who shall practice or attempt to practice or hold
himself out as practicing medicine in this state, without
having, at the time of so doing, a valid, unrevoked license as provided in this chapter, shall be guilty of a
gross misdemeanor: Provided, That nothing in this section shall be so construed as to prohibit or penalize
emergency life-saving service rendered by a physician's
trained mobile ·intensive care paramedic, as defined in
RCW 18.71.200, if such emergency life-saving service
be rendered under the responsible supervision and control of a licensed physician. In each such conviction the
fine shall be paid, when collected, to the state treasurer:
Provided, That all fees, fines, forfeitures and penalties
collected or assessed by a justice court because of the
violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended.
The director is authorized to prosecute all persons
guilty of a violation of the provisions of this chapter.
[1975 lst ex.s. c 171 § 3; 1971 ex.s. c 305 § l; 1969 ex.s.
c 199 § 18; 1961 c 284 § 3; 1919 c 134 § 8; 1909 c 192 §
14; RRS § 10018. Prior: 1890 p 119 § 8; Code 1881 §
2290.]
Persons licensed under prior laws: "Any person who holds a license
from the board of medical examiners heretofore existing, under the
provisions of any laws of this state, past or present, shall be entitled to
(1975 RCW Supp--p 171)
18.71.020
Title 18:
Businesses and Professions
practice medicine and surgery in this state the same as if issued under
this act: Provided. howen~r. That all licenses herein mentioned may
be revoked for unprofessional conduct. in the same manner and upon
the same grounds as if issued under this act." [ 1909 c 192 § 17.]
18.71.025 Injunction to prevent practice until license
secured. The attorney general, each prosecuting attorney, the director. the state board of medical examiners,
or any citizen of the state may in accordance with the
laws of this state governing injunctions, maintain an
action in the name of this state to enjoin such person
from engaging in the practice of medicine as herein defined until a valid license to practice medicine be secured: Provided. That such injunction shall not relieve
such person so practicing medicine without a valid license from criminal prosecution therefor, but such remedy by injunction shall be in addition to the liability of
such offender to criminal prosecution. [ 1975 1st ex.s. c
171 § 4: 1961 c 284 § IO.]
18.71.030 Exemptions. Nothing in this chapter shall
be construed to apply to or interfere in any way with
the practice of religion or any kind of treatment by
prayer: nor shall anything in this chapter be construed
to prohibit:
(I) The furnishing of medical assistance in cases of
emergency requiring immediate attention;
(2) The domestic administration of family remedies:
(3) The practice of dentistry, osteopathy, osteopathy
and surgery, nursing, chiropractic, podiatry, optometry,
drugless therapeutics or any other healing art licensed
under the methods or means permitted by such license;
(4) The practice of medicine in this state by any
commissioned medical officer serving in the armed
forces of the United States or public health service or
any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for
him by the laws and regulations of the United States;
(5) The practice of medicine by any practitioner licensed by another state or terri1ory in which he resides,
provided that such practitioner shall not open an office
or appoint a place of meeting patients or receiving calls
within this state;
(6) The practice of medicine by a person who is a
regular student in a school of medicine approved and
accredited by the board: Provided, however, That the
performance of such services be only pursuant to a regular course of instruction or assignments from his instructor, or that such services are performed only under
the supervision and control of a person licensed pursuant to this chapter;
(7) The practice of medicine by a person serving a
period of postgraduate medical training in a program of
clinical medical training sponsored by a college or university in this state or by a hospital accredited in this
state: Provided. That the performance of such services
shall be only pursuant to his duties as a trainee;
(8) The practice of medicine by a person who is regular!\ enrolled in a physician's assistant program approved by the board: Provided, however, That the
f1975 RCW Supp--p 1721
performance o~ such s~rvi~es be only pursuant to a regular course of mstruct10n m said program: And provided further, That such services are performed only under
the supervision and control of a person licensed pursuant to this chapter:
(9) The practice of medicine by a registered physician's assistant which practice is performed under the
supervision and control of a physician licensed pursuant to this chapter;
(10) The practice of medicine, in any part of this state
which shares a common border with Canada and which
is surrounded on three sides by water, by a physician
licensed to practice medicine and surgery in Canada or
any province or territory thereof. [ 1975 I st ex.s. c 171 §
5; 1973 !st ex.s. c 110 § l; 1961 c 284 § 4; 1919 c 134 §
12; 1909 c 192 § 19; RRS § 10024.]
Administering drugs, inoculations, etc., by registered nurses permitted: RCW 18.88.290.
18.71.040 Application fee (as amended by 1975 1st ex.s. c 30). Every applicant for a certificate to practice medicine and surgery shall
pay a fee determined by the director as provided in RCW 43.24.085
as now or hereafter amended. [ 1975 I st ex.s. c 30 § 61; 1955 c 202 §
35. Prior: 1941 c 166 § I, part; 1913 c 82 § I, part; 1909 c 192 § 7,
part; Rem. Supp. 1941 § 10010-1, part.]
18.71.040 Application, examination fees (as amended by 1975 1st
ex.s. c 171). Every applicant for a license to practice medicine shall
pay an application fee of twenty-five dollars. In addition to the application fee provided for herein, every applicant for licensure by examination shall pay an examination fee of one hundred dollars, which
sum shall be refunded in the event the board determines that the applicant is not eligible for examination. In addition to the application
fee provided for herein, every applicant for Jicensure by reciprocity or
waiver of examination shall pay a fee of fifty dollars. The director
shall charge a fee of fifteen dollars for license certifications. [ 1975 I st
ex.s. c 171 § 6; 1955 c 202 § 35. Prior: 1941 c 166 § I, part; 1913 c 82
§ I, part; 1909 c 192 § 7, part; Rem. Supp. 1941 § 10010--1, part.]
Reviser's note: RCW 18.71.040 was amended twice during the 1975
first extraordinary session of the legislature, each without reference to
the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Basic sciences examination fee: RCW 43. 74.040.
18.71.050
Application--Eligibility
requirements--United States and Canadian graduates. Each
applicant who has graduated from a school of medicine
located in any state, territory or possession of the United States, the District of Columbia, or the Dominion of
Canada, shall file an application for licensure with the
board on a form prepared by the director with the approval of the board. Each applicant shall furnish proof
satisfactory to the board of the following:
(I) That he has attended and graduated from a
school of medicine approved by the board;
(2) That he has completed one year of postgraduate
medical training in a program acceptable to the board;
(3) That he is of good moral character;
(4) That he is physically and mentally capable of
safely carrying on the practice of medicine. The board
may require any applicant to submit to such examination or examinations as it deems necessary to determine
an applicant's physical and/or mental capability to
safely practice medicine;
Physicians
(5) That his license to practice medicine is not at the
time of the application revoked or suspended by any licensing agency and that he has not been guilty of any
conduct which would constitute grounds for refusal, revocation or suspension of such license under the Jaws of
the state of Washington.
Nothing in this section shall be construed as prohibiting the board from requiring such additional information from applicants as it deems necessary. [1975 1st
ex.s. c 171 § 7; 1961 c 284 § 5; 1957 c 60 § 3. Prior:
1947 c 168 § 1, part; 1919 c 134 § 3, part; 1909 c 192 §
6, part; Rem. Supp. 1947 § 10008, part; prior: 1905 c 41
§ 1, part; 1901 c 42 § 1, part; 1890 p 115 § 3, part;
Code 1881 § 2285, part.]
18. 71.051
Application--Eligibility
requirements--Foreign graduates. Applicants for licensure to
practice medicine who have graduated from a school of
medicine located outside of the states, territories and
possessions of the United States, the District of
Columbia, or the Dominion of Canada, shall file an application for licensure with the board on a form prepared by the director with the approval of the board.
Each applicant shall furnish proof satisfactory to the
board of the following:
( 1) That he has completed in a school of medicine a
resident course of professional instruction equivalent to
that required in this chapter for applicants generally;
(2) That he meets all the requirements which must be
met by graduates of the United States and Canadian
school of medicine except that he need not have graduated from a school of medicine approved by the board;
(3) That he has satisfactorily passed the examination
given by the educational council for foreign medical
graduates or has met the requirements in lieu thereof as
set forth in rules and regulations adopted by the board;
(4) That he has the ability to read, write, speak, understand, and be understood in the English language.
[1975 1st ex.s. c 171 § 16.)
18.71.055 Schools of medicine-Requirements for
approval. The board may approve any school of medicine which is located in any state, territory or possession of the United States, the District of Columbia, or
in the Dominion of Canada, provided that it:
( l) Requires collegiate instruction which includes
courses deemed by the board to be prerequisites to
medical education;
(2) Provides adequate instruction in the following
subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology, anaesthesiology, dermatology, gynecology, internal
medicine, neurology, obstetrics, opthalmology, orthoped~c surgery, ot?~ary_ngology, pediatrics, physical medicme and rehabihtahon, preventive medicine and public
health, psychi~try, radiology, surgery and urology and
such other subjects determined by the board;
(3) P~ovide~ ~linical instruction in hospital wards and
out-patient chmcs under guidance.
. Approval .may be withdrawn by the board at any
time a medical ~chool ceases to comply with one or
more of the requirements of this section.
18.71.080
(4) Nothing in this section shall be construed to authorize the board to approve a school of osteopathy,
osteopathy and surgery or osteopathic ~edicine, for
purposes of qualifying an applicant to be hcensed under
this chapter by direct licensure, reciprocity or otherwise.
[1975 1st ex.s. c 171 § 8; 1961c284 § 6; 1957 c 60 § 4.]
18.71.060 Record of proceedings of board and of applications. Said board shall keep an official record of all
its proceedings, a part of which record shall consist of a
register of all applicants for licensure under this chapter, with the result of each application. Said record shall
be evidence of all the proceedings of said board which
are set forth therein. [1975 1st ex.s. c 171 § 9; 1961 c
284 § 7; 1909 c 192 § 8; RRS § 10011.]
18.71.070 Examination--Record. With the exception of those applicants granted licensure through the
provisions of RCW 18.71.090 or 18.71.095, applicants
for licensure must successfully complete an examination
administered by the board to determine their professional qualifications. The board shall prepare and give,
or approve the preparation and giving of, an examination which shall cover those general subjects and topics,
a knowledge of which is commonly and generally required of candidates for the degree of doctor of medicine conferred by approved colleges or schools of
medicine in the United States. Notwithstanding any
other provision of law, the board shall have the sole responsibility for determining the proficiency of applicants under this chapter, and, in so doing, may waive
any prerequisite to licensure not set forth in this
chapter.
The board may by rule establish the passing gra.de for
the examination, and in so doing may grant credit
based on experience. In no event, however, shall credit
for experience exceed five percent of the total possible
grade.
Examination results shall be part of the records of the
board and shall be permanently kept with the applicant's file. [1975 1st ex.s. c 171 § 10; 1961 c 284 § 8;
1919 c 134 § 4; 1909 c 192 § 6; RRS § 10009.)
18.71.080 License-Annual renewal (as amended by 1975 1st
ex.s. c 30}. Every person licensed to practice medicine and surgery in
this state shall register with the director of department of motor vehicles annually, and pay an annual renewal registration fee determined
by the director as provided in RCW 43.24.085 as now or hereafter
amended, on or before the first day of July of each year, and thereupon the license of such person shall be renewed for a period of one
year. Any failure to register and pay the annual renewal registration
fee shall render the license invalid, but such license shall be reinstated
upon written application therefor to the director, and payment to the
state of a penalty fee determined by the director as provided in RCW
43.24.085 as now or hereafter amended, together with all delinquent
annual license renewal fees. [1975 lst ex.s. c 30 § 62; 1971 ex.s. c 266
§ 12; 1955 c 202 § 36. Prior: 1941 c 166 § 1, part; 1913 c 82 § 1, part;
1909 c 192 § 7, part; Rem. Supp. 1941 § 10010-1, part.)
18.71.080 License-Annual renewal-Continuing education requirement--Failure to renew, procedure (as amended by 1975 1st
ex.s. c 171). Every person licensed to practice medicine in this state
shall register with the director of department of motor vehicles annually, and pay an annual renewal registration fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended,
~n or before the first .day of July. of each year. The board may establish rules and regulations governmg mandatory continuing education
(1975 RCW Supp--p 173)
18.71.080
Title 18:
Businesses and Professions
requirements which shall be met by physicians applying for renewal
of licenses. Any failure to register and pay the annual renewal registration fee shall render the license invalid, but such license shall be
reinstated upon written application therefor to the director, and payment to the state of a penalty of ten dollars, together with all delinquent annual license renewal fees: Provided, however, That any
person who fails to renew his license for a period of three years, shall
in no event be entitled to renew his license under this section. Such a
person in order to obtain a license to practice medicine in this state,
shall file an original application as provided for in this chapter, along
with the requisite fee therefor. The board, in its sole discretion, may
permit such applicant to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this
state, and is competent to engage in the practice of medicine. [1975
1st ex.s. c 171 § 11; 1971 ex.s. c 266 § 12; 1955 c 202 § 36. Prior: 1941
c 166 § 1, part; 1913 c 82 § I, part; 1909 c 192 § 7, part; Rem. Supp.
1941 § 10010--1, part.)
Reviser's note: RCW 18.71.080 was amended twice in the 1975 first
extraordinary session of the legislature, each without reference to the
other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
18.71.090 License without examination--Reciprocity--National board examinees--Fee (as amended by 1975 1st ex.s. c 30).
Any applicant who has been examined and licensed under the laws of
another state, which through a reciprocity provision in its laws, similarly accredits the holders of certificates from the proper authorities of
this state to the full privileges of practice within its borders or an applicant who has satisfactorily passed examinations given by the national board of medical examiners may, in the discretion of the board,
be granted a license without examination on the payment of a fee determined by the director as provided in RCW 43.24.085 as now or
hereafter amended to the state treasurer: Provided, That he has not
previously failed to pass an examination held in this state. He must
file with the board a copy of his license certified by the proper authorities of the issuing state to be a full, true copy thereof, and must
show that the standards, eligibility requirements, and examinations of
that state are at least equal in all respects to those of this state. [1975
1st ex.s. c 30 § 63; 1961 c 284 § 9; 1957 c 60 § 5; 1919 c 134 § 11;
RRS § 10023.)
18.71.090 License without examination--Reciprocity--National board examinees--Fee (as amended by 1975 1st ex.s. c 171).
Any applicant who meets the requirements of RCW 18.71.050 and
has been licensed under the laws of another state, territory, or possession of the United States, or of any province of Canada, or an applicant who has satisfactorily passed examinations given by the
national board of medical examiners may, in the discretion of the
board, be granted a license without examination on the payment of
the fees required by this chapter: Provided, That he must file with the
board a copy of his license certified by the proper authorities of the
issuing state to be a full, true copy thereof, and must show that the
standards, eligibility requirements and examinations of that state are
at least equal in all respects to those of this state. [1975 1st ex.s. c 171
§ 12; 1961 c 284 § 9; 1957 c 60 § 5; 1919 c 134 § 11; RRS § 10023.)
Reviser's note: RCW 18.71.090 was amended twice during the 1975
first extraordinary session of the legislature, each without reference to
the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
18.71.095 Limited licenses. The board may, without
examination, issue a limited license to persons who
possess the qualifications set forth herein:
(I) The board may, upon the written request of the
secretary of the department of social and health services, issue a limited license to practice medicine in this
state to persons who have been accepted for employment by the department as physicians; who are licensed
to practice medicine in another state of the United
States or in the country of Canada or any province or
11975 RCW Supp--------p 174)
territory thereof; and who meet all of the qualifications
for licensure set forth in RCW 18. 71.050.
Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the
control and supervision of the secretary of the department of social and health services.
(2) The board may issue a limited license to practice
medicine in this state to persons who have been accepted for employment by a county or city health department as physicians; who are licensed to practice
medicine in another state of the United States or in the
country of Canada or any province or territory thereof;
and who meet all of the qualifications for licensure set
forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice medicine only in connection with his or her duties
in employment with the city or county health
department.
(3) Upon receipt of a completed application showing
that the applicant meets all of the requirements for licensure set forth in RCW 18.71.050 except for completion of one year of postgraduate medical training, and
that the applicant has been appointed as a resident
physician in a program of postgraduate clinical training
in this state approved by the board, the board may issue a limited license to a resident physician. Such license shall permit the resident physician to practice
medicine only in connection with his duties as a resident physician and shall not authorize him to engage in
any other form of practice. Each resident physician
shall practice medicine only under the supervision and
control of a physician licensed in this state, but such
supervision and control shall not be construed to necessarily require the personal presence of the supervising
physician at the place where services are rendered.
All persons licensed under this section shall be subject to the jurisdiction of the medical disciplinary board
to the same extent as other members of the medical
profession, in accordance with chapter 18.72 RCW and
in addition, the limited license to practice medicine in
the state of Washington may be revoked by the medical
disciplinary board after a hearing has been held in accordance with the provisions set forth in chapter 18.72
RCW, and determination made by the medical disciplinary board that such licensee has violated the limitations set forth herein.
Persons applying for licensure pursuant to this section shall pay an application fee of twenty-five dollars
and, in the event the license applied for is issued, a license fee at the rate provided for renewals of licenses
generally. Licenses issued hereunder may be renewed
annually pursuant to the provisions of RCW 18.71.080:
Provided, That a limited license for a resident physician
may not be renewed until such resident physician has
successfully completed either all parts of the examination given by the national board of medical examiners
or an equivalent examination approved by the board.
Interim approval may be granted until the result of
such examination becomes available. Any person who
obtains a limited license pursuant to this section may,
18.71A.070
Physicians' Assistants
without an additional application fee, apply for licensure under this chapter. [1975 !st ex.s. c 171 § 13; 1973
lst ex.s. c 4 § l; 1967 c 138 § I; 1965 c 29 § I; 1959 c
189 § l.]
18.71.096 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
18. 71.145 Denial of license application or renewal--Notification--Right to hearing. If the board determines to deny an application for licensure, or
:enewal, _it shall forthwith notify the applicant by mailing to him at the address listed on his application a
concise statement of the reasons for such denial. Such
an applicant may request a hearing within thirty days of
the date such notification is mailed and such request
~hall be granted if it appears that the board, under any
circumstances which might be shown at such a hearing,
has the power to reverse its decision. All such hearings
shall be held in accordance with the administrative
procedure act (chapter 34.04 RCW). [1975 lst ex.s. c
171 § 17.]
18.71.165 Board of medical examiners--Immunity
from suit. Members of the board shall be immune from
suit in any other action, civil or criminal, based upon
licensure proceedings or other official acts performed in
good faith as members of the board. [1975 1st ex.s. c
171 § 18.]
18.71.180
Denial of license--Statement of
grounds--Record. In case of the denial of a license,
the board shall file a brief and concise statement of the
grounds and reasons therefor in the office of the director of the department of motor vehicles, which shall remain of record therein. [1975 1st ex.s. c 171 § 14; 1955 c
202 § 44. Prior: (i) 1919 c 134 § 7, part; RRS § 10014,
part. (ii) 1909 c 192 § 12; RRS § 10016.]
18.71.195 Suspension of physician's license for mental incompetency or illness, physical condition--Hearing--Examination--Reinstatement--Grounds.
See RCW 18.72.275.
18.71.220 Rendering emergency care-Immunity
of physician or hospital from civil liability.
Persons rendering emergency care, immunity from liability: RCW
4.24.300.
18.71.900 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
18.71.941 Severability--1975 1st ex.s. c 171. If
any section, sentence, clause, or phrase of this 1975
amendatory act should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof
shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this 1975
amendatory act. [1975 1st ex.s. c 171 § 19.]
Chapter 18.71A
PHYSICIANS' ASSISTANTS
Sections
18.71A.OIO Definitions.
18.71A.040 Physician's application for physician's assistant-.
Fee-Approval or rejection by board-Heanng.
J8.71A.070 Medical practice investigator-AppointmentPowers and duties.
18.71A.010 Definitions. (1) "Physician's assistant"
means:
(a) A person who is enrolled in, or who has satisfactorily completed, a board approved _training_ program
designed to prepare persons to practice med1cme to a
limited extent; or
(b) A person who is a university medical graduate of
a foreign medical school or college.
(2) "Board" means the board of medical examiners.
(3) "Practice medicine'' shall have the meaning defined in *RCW 18.71.010. [1975 1st ex.s. c 190 § 1; 1971
ex.s. c 30 § l.]
*Reviser's note: For definition of "practice medicine" see RCW
18.71.011.
Severability-1971 ex.s. c 30: "If any provision of this 1971 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 30 § 13.] This applies to this chapter and to chapter 18.57A RCW.
18.71A.040 Physician's application for physician's assistant--Fee-Approval or rejection by board-Hearing. No physician practicing in this state shall utilize the services of a physician's assistant without the
approval of the board.
Any physician licensed in this state may apply to the
board for permission to use the services of a physician's
assistant. The application shall be accompanied by a fee
determined by the director as provided in RCW 43.24.085 as now or hereafter amended, shall detail the manner and extent to which the physician's assistant would
be used and supervised, shall detail the education,
training, and experience of the physician's assistant and
shall provide such other information in such form as
the board may require.
The board may approve or reject such applications.
In addition, the board may modify the proposed utilization of the physician's assistant, and approve the application as modified. No such approval shall extend for
more than one year, but approval once granted may be
renewed annually upon payment of a fee determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended. Whenever it appears to the board
that a physician's assistant is being utilized in a manner
inconsistent with the approval granted, the board may
withdraw such approval. In the event a hearing is requested upon the rejection of an application, or upon
the withdrawal of an approval, a hearing shall be conducted in accordance with RCW 18.71.140. [1975 1st
ex.s. c 30 § 64; 1975 1st ex.s. c 190 § 2; 1971 ex.s. c 30 §
4.]
18.71A.070 Medical practice investigator--Appointment--Powers and duties. There shall be appointed by the director of the department of motor
11975 RCW Supp--p 175)
Title 18:
18.71A.070
Businesses and Professions
vehicles an agent whose title shall be "medical practice
im·estigator". who shall have the duty and shall be authorized to enter the clinic, office, or premises where a
physician's assistant is employed for the purpose of inspecting the registration and utilization of any physician's assistant employed therein. Said investigator may
serve and execute any notice or process issued under
the authority of this chapter and shall perform any other duty prescribed by the director or the board, including assisting other agencies in enforcing the provisions
of the law regulating the practice of medicine: Provided, That funds must be included in the department's
1975-77 operational budget for this program. [1975 1st
ex.s. c 190 § 3.)
Chapter 18.72
MEDICAL DISCIPLINARY BOARD
Sections
18.72.030
18.72.150
18.72.175
18.72.275
"Unprofessional conduct" defined.
Powers and duties.
Accused to cooperate with board-Failure deemed
unprofessional conduct.
Suspension of physician's license for mental incompetency or illness, physical condition-Hearing-Examination-Reinstatement-Grounds.
18.72.030 "Unprofessional conduct" defined. The
term ''unprofessional conduct" as used in this chapter
and RCW 18.71.120 and 18.71.140 shall mean the following items or any one or combination thereof:
(I) The commission of any act involving moral turpitude, dishonesty, or corruption, whether the same be
committed in the course of his or her relations as a
physician, or otherwise, and whether the same constitutes a crime or not; and if the act constitutes a crime,
conviction thereof in a criminal proceeding shall not be
a condition precedent to disciplinary action. Upon such
conviction, however, the judgment and sentence shall
be conclusive evidence at the ensuing disciplinary hearing of the guilt of the respondent physician of the crime
described in the indictment or information, and of his
or her violation of the statute upon which it is based;
(2) The procuring, or aiding or abetting in procuring
a criminal abortion;
(3) Misrepresentation or concealment of a material
fact in the obtaining of a license to practice medicine or
in reinstatement thereof;
(4) All advertising of medical business which is intended or has a tendency to deceive the public or impose upon credulous or ignorant persons and so be
harmful or injurious to public morals or safety;
(5) The impersonation of another licensed
practitioner;
(6) Habitual intemperance;
(7) The possession, use, prescription for use, or. distribution of controlled substances or legend drugs m any
way other than for therapeutic purposes;
(8) The offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure. treatment,
or medicine. or the treating, operating, or prescribing
(1975 RCW Supp---p 176(
for any human condition by a method, means, or procedure which the licensee refuses to divulge upon demand of the board;
(9) Unprofessional conduct as defined in chapter 19.68 RCW;
(10) Aiding or abetting an unlicensed person to practice medicine;
( 11) Suspension or revocation of the physician's license to practice medicine by competent authority in
any state, federal, or foreign jurisdiction;
(12) Gross incompetency in the practice of medicine
and surgery;
(13) Violation of any board rule or regulation fixing a
standard of professional conduct;
(14) Wilful violation of RCW 18.72.175 or wilful disregard of the subpoena or notice of the Washington
state medical disciplinary board; or
(15) Gross, wilful, and continued overcharging for
professional services. [ 1975 c 61 § 1; 1963 c 142 § I;
1955 c 202 § 3.)
Abortion: Chapter 9.02 RCW.
Failure of accused physician to cooperate deemed unprofessional
conduct: RCW 18. 72.175.
False advertising: Chapter 9.04 RCW.
Narcotics: Chapter 69.32 RCW.
Uniform alcoholism and intoxication treatment act: Chapter 70.96A
RCW.
18.72.150 Powers and duties. The board shall have
the following powers and duties:
(l) To adopt, amend and rescind such rules and regulations as it deems necessary to carry out the provisions of this chapter;
(2) To investigate all complaints and charges of unprofessional conduct against any holder of a license and
to hold hearings to determine whether such charges are
substantiated or unsubstantiated;
(3) To employ necessary stenographic or clerical
help;
(4) To issue subpoenas and administer oaths in connection with any investigation, hearing, or disciplinary
proceeding held under this chapter;
(5) To take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;
(6) To investigate complaints and charges of malpractice and unsafe conditions and practices, to analyze
equipment, procedures, and training, in such cases, and
to direct corrective action. [ 1975 c 61 § 4; 1955 c 202 §
15.)
18.72.175 Accused to cooperate with board--Failure deemed unprofessional conduct. It shall be the duty
and obligation of a physician against whom a complaint
is made and who is being investigated by the medical
disciplinary board to cooperate with the board as requested by it by:
(I) Furnishing any papers or documents;
(2) Furnishing in writing a full and complete explanation covering the matter contained in such
complaint;
(3) Appearing before the board at the time and place
designated.
18.74.050
Physical Therapy
Should such physician fail to cooperate with the
board in the manner herein provided, such conduct
shall be deemed to be unprofessional conduct. [ 1975 c
61 § 2.]
18.72.275 Suspension of physician's license for mental incompetency or illness, physical condition--Hearing-Examination--Reinstatement--Grounds. (I)
In the event that a physician is determined by a court
of competent jurisdiction to be mentally incompetent or
mentally ill, such physician shall automatically have his
or her license suspended by the board upon the entry of
such judgment, regardless of the pendency of an appeal.
(2) If it appears to the disciplinary board that there is
reasonable cause to believe that a physician who has
not been judicially determined to be mentally incompetent or mentally ill is unable to practice medicine with
reasonable skill and safety to patients by reason of illness. drunkenness, excessive use of drugs, narcotics,
chemicals, or any other type of material or as a result of
any mental or physical condition, a complaint in the
name of the board shall be served upon such physician
for a hearing on the sole issue of the capacity of the
physician to adequately conduct his or her practice. In
enforcing this paragraph the board shall, upon probable
cause, have authority to compel a physician to submit
to a mental or physical examination by two or more
physicians designated by the board and at least one of,
whom may be designated by the charged party if he or
she chooses. Failure of a physician to submit to such
examination when directed constitutes grounds for immediate suspension of such physician's license, unless
the failure was due to circumstances beyond his or her
control, consequent upon which a default and final order may be entered without the taking of testimony or
presentation of evidence. A physician affected under
this paragraph shall at reasonable intervals be afforded
an opportunity to demonstrate that he or she can
resume the competent practice of medicine with reasonable skill and safety to patients.
For the purpose of this subsection (2), every physician licensed under this chapter who shall accept the
privilege to practice medicine in this state shall by so
practicing or by the making and filing of annual registration to practice medicine in this state, be deemed to
have given his or her consent to submit to a mental or
physical examination when directed in writing by the
board and further to have waived all objections to the
admissibility of the examining physicians' testimony or
examination reports on the ground that the same constitute a privileged communication.
In any proceeding under this subsection (2), neither
the record of proceedings nor the orders entered by the
board shall be used against a physician in any other
proceeding. [1975 c 61 § 3.]
Chapter 18.74
PHYSICAL THERAPY
Sections
18.74.050
18.74.060
Registration certificates-Temporary and probationary certificates.
Reciprocity.
18.74.070
Renewal of registration-Fee.
18. 74.050 Registration certificates--Temporary
and probationary certificates. The director shall furnish a
certificate of registration upon the authority of the examining committee as follows:
(I) A certificate of registration shall be issued to any
person who applies for such registration and who has
qualified under the provisions of this chapter. At the
time of making such application such applicant shall
pay to the state treasurer a fee determined by the director as provided in RCW 43.24.085 as now or hereafter
amended, provided no person previously registered as a
physical therapist shall be required to pay an additional
fee for registration under this chapter.
(2) A probational certificate of registration may be
issued to any domestic trained physical therapist who
has credentials acceptable to the Washington state examining committee of physical therapists and who pays
the required Washington state registration fee. Such
probational certificate of registration shall be available
to an applicant only with respect to his first application
for registration, and such certificate of registration shall
expire when the examining committee publishes the results of the first Washington state examination for registration for which applicant is eligible under the
regulations of the examining committee.
(3) A probational certificate of registration may be
issued for a period of one year to a foreign trained
physical therapist who (a) makes the required application for registration, (b) holds a diploma from a foreign
school of physical therapy, (c) presents credentials as
required by the Washington state examining committee
of physical therapists which establish professional qualifications substantially equivalent to those required of
domestic trained physical therapists, and (d) pays the
required Washington state registration fee. A person
holding a probational certificate may practice physical
therapy solely under the supervision of a person registered as a physical therapist under this chapter. Such
probational certificate of registration shall be available
to an applicant only with respect to his first application
for registration. Such certificate of registration shall be
continued until the examining committee publishes the
results of the first Washington state examination for
registration held after the period for which the certificate was originally issued.
(4) A regular certificate of registration may be issued
to a foreign trained physical therapist who fulfills the
above requirements in subsection (3) of this section and
who passes the Washington state examination for
registration.
(5) A temporary certificate of registration limited to
six months may be issued, without examination, to any
person who submits satisfactory evidence to the examining committee that he is in this state on a temporary
basis to assist in a case of medical emergency or to engage in a special physical therapy project, and who
meets the qualifications for a physical therapist as set
forth in RCW 18.74.030. [1975 1st ex.s. c 30 § 65; 1961
c 64 § 4; 1949 c 239 § 5; Rem. Supp. 1949 § 10163-5.]
(1975 RCW Supp---p 1771
18.74.060
Title 18:
Businesses and Professions
18.74.060 Reciprocity. Upon the recommendation of
the examining committee, the director shall register as a
physical therapist and shall furnish a certificate of registration to any person who is a physical therapist registered under the laws of another state or territory, or
the District of Columbia. if the qualifications for such
registration required of applicant were substantially
equal to the requirements under this chapter and such
person has practiced in such other state or territory or
the District of Columbia for at least one year prior to
application. At the time of making application, such
applicant shall pay to the state treasurer a fee determined by the director as provided in RCW 43.24.085 as
now or hereafter amended. [ 1975 1st ex.s. c 30 § 66;
1961 c 64 § 5; 1949 c 239 § 6; Rem. Supp. 1949 §
10163-6.]
18.74.070 Renewal of registration--Fee. Every
registered physical therapist shall, during the month of
January. apply to the director for a renewal of his registration and pay a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended to the state treasurer. Registration that is not
so made before February 1st of every year, shall automatically lapse. Upon the recommendation of the examining committee the director shall revive a lapsed
registration on the payment of all past unpaid renewal
fees. [1975 1st ex.s. c 30 § 67; 1971 ex.s. c 266 § 13;
1961 c 64 § 6; 1949 c 239 § 7; Rem. Supp. 1949 §
10163-7.]
Chapter 18.78
PRACTICAL NURSES
Sections
18.78.080
18.78.090
License fee.
Renewal.
Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290.
18.78.080 License fee. All applicants applying for a
license to practice as a licensed practical nurse with or
without examination, as provided in this chapter, shall
pay a license fee determined by the director as provided
in RCW 43.24.085 as now or hereafter amended to the
department of motor vehicles: Provided, however, That
the applicant applying for a reexamination shall pay a
fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended. [ 1975 1st ex.s. c
30 § 68: 1963 c 15 § 3; 1949 c 222 § 9; Rem. Supp. 1949
§ 10173-35.]
18.78.090 Renewal. Every licensed practical nurse in
this state shall register annually with the division of
professional licensing in the department of motor vehicles, on or before the first day of March, and shall pay
an annual fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended, and
thereupon the license of such person shall be renewed
for a period of one year. Any failure to register and pay
the annual renewal registration fee shall render the license in\·alid, but such license shall be reinstated upon
(1975 RCW Supp--p 178)
written application therefor to the division of professional licensing, and upon payment to the state of a
penalty fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended, together
with all delinquent annual license renewal fees. [ 1975
1st ex.s. c 30 § 69; 1971 ex.s. c 266 § 14; 1967 c 79 § 4;
1963 c 15 § 4; 1949 c 222 § 10; Rem. Supp. 1949 §
10173-36.]
Chapter 18.82
PROPRIETARY SCHOOLS
Sections
18.82.030
18.82.060
Registration required-Fee-Forms-Contents.
Agents' permits.
18.82.030
Registration
required--Fee-Forms--Contents. No proprietary school may offer a
course of instruction within this state without first registering as a proprietary school with the director and
paying an annual registration fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended before July first of each year to the
director. Such registration shall be on forms provided
by the director and shall contain: ( 1) The names of the
individual owner, or if the owner is a corporation or
partnership, the names of the officers and directors or
members thereof; (2) the administrator, business address, and location of the proprietary school; (3) the
field or fields of endeavor for which the proprietary
school purports to train or prepare persons, and a brief
description of the courses offered by the proprietary
school. [ 1975 I st ex.s. c 30 § 70; 1967 ex.s. c 72 § 3.]
18.82.060 Agents' permits. (1) No person shall for
remuneration sell any course or courses in this state for
any proprietary school, or solicit students therefor in
this state, without first obtaining an agent's permit from
the director. If the agent represents more than one
school, a separate permit shall be obtained for each
school represented by him: Provided, That if an agent
represents a school with more than one location or
branches he need only obtain a single permit for such
school. Upon approval for a permit the director shall
issue a pocket card to the agent, giving his name and
address, the name and address of his employing correspondence school, and certifying that the person whose
name appears on the card is an authorized agent of the
school. A permit shall be valid until the subsequent July
1st from the date on which it was issued.
(2) The application for a permit or renewal shall be
made on forms to be furnished by the director and shall
be accompanied by a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended.
(3) Any permit applied for pursuant to this section
shall be granted or denied within thirty days of the receipt of the application therefor by the director. If the
director has not completed his determination with respect to the issuance of a permit pursuant to this section within such thirty-day period, he shall issue a
temporary permit to the applicant, which permit shall
Psychologists
be sufficient to meet the requirements of this chapter
until such time as such determination is made. An
agent's permit shall be issued if the director is sa~isfied
that the applicant does in fact represent the propnetary
school for which a permit is requested, that the applicant is of good moral character, and that a prev10us
permit for such person has not been revoked.
(4) Any permit issued may be revoked by the director
if the holder of the permit solicits or enrolls students
through fraud, deception, or misrepresentation or upon
a finding that a fact or condition exists which would
have warranted the denial of the issuance of the permit,
had such fact or condition existed at the time of original application.
(5) The applicant for, or holder of, an agent's permit
shall be entitled to an opportunity for an agency hearing with respect to the denial of an application therefor,
or the revocation or suspension thereof, by the director,
and the applicable provisions of the Administrative
Procedure Act found in chapter 34.04 RCW, as it now
exists or may hereafter be amended, shall apply with
respect thereto.
(6) The issuance of a permit pursuant to this section
shall not be deemed to constitute approval of any
course or the proprietary school offering or administering the same. Any representation contrary to this paragraph or tending to imply that a permit issued pursuant
to this section constitutes such approval shall be mis-,
representation within the meaning of this chapter. [ 1975
1st ex.s. c 30 § 71; 1967 ex.s. c 72 § 6.]
Chapter 18.83
PSYCHOLOGISTS
Sections
18.83.060
18.83.082
18.83.090
18.83.105
18.83.170
Application for license-Fee.
Licenses-Issue to "certified psychologists"-Temporary permits.
Licenses-Renewal-Fee.
Certificates of qualification.
Reciprocity.
18.83.060 Application for license-Fee. Each applicant for a license shall file with the director an application duly verified, in such form and setting forth such
information as the board shall prescribe. An application
fee determined by the director as provided in RCW 43.24.085 as now or hereafter amended shall accompany
each application. [1975 1st ex.s. c 30 § 72; 1965 c 70 §
6; 1955 c 305 § 6.]
18.83.082 Licenses--Issue to "certified psychologists"--Temporary permits. (1) All "certified psychologists" who are certified under the provisions of chapter
18.83 RCW shall be promptly issued a license by the
director. The fee for this license shall be determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended.
(2) The ~ords "certification" and "licensing'' shall be
known as mterchangeable terms in this chapter.
(3) A valid receipt for an initial application for license hereunder, provided the applicant meets the requirements of subsections (1) and (2) of RCW
18.83.170
18.83.070, shall constitute a temporary permit to practice psychology until the board of examiners completes
action on the application. The board must complete action within one year of the date such receipt is issued.
(4) A person, not licensed in this state, who wishes to
perform practices under the provisions of this chapter
for a period not to exceed ninety days within a calendar
year, must petition the board for a temporary permit to
perform such practices. If the person is licensed or certified in another state deemed by the board to have
standards equivalent to this chapter, a permit may be
issued. No fee shall be charged for such temporary permit. [1975 1st ex.s. c 30 § 73; 1965 c 70 § 23.]
18.83.090 Licenses--Renewal--Fee. Each licensed psychologist shall renew his license by paying to
the state treasurer, on or before the tenth day of January of each year, a renewal fee determined by the director as provided in RCW 43.24.085 as now or
hereafter amended. Upon receipt of such payment by
the state treasurer the director shall issue a certificate of
renewal in such form as the director shall determine.
[1975 !st ex.s. c 30 § 74; 1971 ex.s. c 266 § 16; 1965 c 70
§ 9; 1955 c 305 § 9.]
18.83.105 Certificates of qualification. The board
may issue certificates of qualification with appropriate
title to applicants who meet all the licensing requirements except the possession of the degree of Doctor of
Philosophy or its equivalent in psychology from an accredited educational institution. These certificates of
qualification certify that the holder has been examined
by the board and is deemed competent to perform certain functions within the practice of psychology under
the periodic direct supervision of a psychologist licensed by the board. Such functions will be specified on
the certificate issued by the board. Such applicant shall
pay to the board of examiners a fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended for certification in a single area of qualification and a fee for amendment of the certificate to
include each additional area of qualification. Upon petition by a holder the board of examiners may grant
authority to function without immediate supervision.
[1975 !st ex.s. c 30 § 75; 1965 c 70 § 22.]
18.83.170 Reciprocity. Upon application accompanied by a fee determined by the director as provided in
RCW 43.24.085 as now or hereafter amended, the
board may recommend and the director shall be ·empowered to grant a license, without written or oral examination, to any applicant who has not previously
failed any examination held by the board of psychology
of the state of Washington and furnishes evidence satisfactory to the board that he:
(1) Holds a doctoral degree with primary emphasis
on psychology from an accredited college or university;
and
(2) Is licensed or certified to practice psychology in
another state in which the requirements for such licensing or certification are, in the judgment of the board,
essentially equivalent to those required by this chapter
[1975 RCW Supp--p 179)
Title 18:
18.83.170
Businesses and Professions
and the rules and regulations of the board. Such indi\ iduals must have been licensed or certified in another
state for a period of at least two years; or
(3) Is a diplomate in good standing of the American
Board of Examiners in Professional Psychology. [ 1975
!st ex.s. c 30 § 76: 1965 c 70 § 17: 1955 c 305 § 17.]
Chapter 18.88
REGISTERED NURSES
Sections
18.88.160
18.88.190
18.88.200
License fee.
Renewal of licenses-Fee.
Penalty for failure to renew.
Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290.
18.88.160 License fee. Each applicant for a license
to practice as a registered nurse or a specialized or advanced registered nurse shall pay a fee determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended to the state treasurer. [ 1975 1st ex.s.
c 30 § 77; 1973 c 133 § 15; 1961 c 288 § 10; 1949 c 202
§ 16; Rem. Supp. 1949 § 10173-14.]
Severability-1973 c 133: See note following RCW 18.88.010.
18.88.190 Renewal of licenses--Fee. Every license
issued under the provisions of this chapter shall be renewed, except as hereinafter provided. At least thirty
days prior to expiration, the director shall mail a notice
for renewal of license to every person licensed for the
current licensing period. The applicant shall return the
notice to the department with a renewal fee determined
by the director as provided in RCW 43.24.085 as now
or hereafter amended before the expiration date. Upon
receipt of the notice and appropriate fee the department
shall issue to the applicant a license which shall render
the holder thereof a legal practitioner of nursing for the
period stated on the license. [1975 1st ex.s. c 30 § 78;
1973 c 133 § 18; 1971 ex.s. c 266 § 18; 1961 c 288 § 11;
1949 c 202 § 19; Rem. Supp. 1949 § 10173-17. Prior:
1933 c 180 §I; 1909 c 41 § 3.]
Severability-1973 c 133: See note following RCW 18.88.010.
18.88.200 Penalty for failure to renew. Any licensee
who allows his or her license to lapse by failing to renew the license, shall upon application for renewal pay
a penalty determined by the director as provided in
RCW 43.24.085 as now or hereafter amended. If the
applicant fails to renew the license before the end of the
current licensing period, the license shall be issued for
the next licensing period by the department upon written application and fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended. [1975 1st ex.s. c 30 § 79; 1973 c 133 § 19;
1961 c 288 § 12; 1949 c 202 § 20; Rem. Supp. 1949 §
10173-18. Prior: 1933 c 180 §I.]
Severability-1973 c 133: See note following RCW 18.88.010.
(1975 RCW Supp--p 1801
Chapter 18.90
SAN IT ARIANS
Sections
18.90.040
18.90.050
Registration, renewal fees-Sanitarians' licensing account-Expiration of certificates, delinquenciesReexaminations.
Registration of sanitarians registered in another
state-Fee.
18.90.040 Registration, renewal fees--Sanitarians'
licensing account--Expiration of certificates, delinquencies--Reexaminations. Applicants for registration
shall pay a fee determined by the director as provided
in RCW 43.24.085 as now or hereafter amended at the
time of making application. A sanitarian registered under the provisions of this chapter shall renew his certificate by paying an annual renewal fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended. All receipts realized in the administration of this chapter shall be paid into the general fund
into a special account to be known as the sanitarians'
licensing account. All fees shall be due and payable on
or before the first day of July for the current year for
which the renewal certificate shall be issued. All certificates shall expire on the renewal date unless renewed
prior to such date. When such fees are not paid in full
before September I st they shall become delinquent and
there shall be added to the renewal fee a penalty determined by the director as provided in RCW 43.24.085 as
now or hereafter amended. Any certificate not having
been renewed by October I st of the year of expiration
shall be considered lapsed. In the event an applicant
shall fail to pass any examinations provided for under
this chapter and the board shall grant permission for a
reexamination, such applicant on reexamination shall
pay an additional fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended. [ 1975 I st ex.s. c 30 § 80; 1971 ex.s. c 266 §
19; 1959 c 200 § 4.]
18.90.050 Registration of sanitarians registered in
another state-Fee. The board upon written application together with such references and proof as it may
prescribe, shall certify to the director without examination any person who is registered as a sanitarian under
the laws of any other state, the requirements of which
for receiving such registration were at the time such
registration was issued, equal to the requirements so
imposed by this state for registration of sanitarians. The
application fee for an applicant by reciprocity shall be
determined by the director as provided in RCW 43.24~
.085 as now or hereafter amended. [1975 lst ex.s. c 30 §
81; 1959 c 200 § 5.]
Chapter 18.92
VETERINARY MEDICINE, SURGERY AND
DENTISTRY
Sections
18.92.115
18.92.142
18.92.145
Reexamination-Fee.
License-Penalty.
License, permit and annual renewal fees.
Landscape Architects
18.92.115 Reexamination--Fee. Any applicant
who shall fail to secure the required grade in his first
examination may take the next regular veterinary examination. The fee for reexamination shall be determined by the director as provided in RCW 43.24.085 as
now or hereafter amended. [1975 1st ex.s. c 30 § 82;
1967 ex.s. c 50 § 7; 1959 c 92 § 8; 1941 c 71 § 10; Rem.
Supp. 1941 § 10040-10. Prior: 1907 c 124 § 17. Formerly RCW 18.92.090, part.]
18.92.142 License-Penalty. Any failure, neglect,
or re'.usal on the part of any person duly licensed to
pr~ctice veterinary medicine, surgery, and dentistry by
said d1rector, to register and pay the annual registration
fee to the director on or before July 1st of each year
shall render the license invalid, and it shall not be reinst.ated except upon written application therefor to the
d~rector and payment of a penalty determined by the
director as provided in RCW 43.24.085 as now or hereafter amended, together with all delinquent annual license renewal fees. [ 1975 I st ex.s. c 30 § 83; 1941 c 71 §
17; Rem. Supp. 1941 § 10040-17. Formerly RCW 18.92.140, part.]
18.92.145 License, permit and annual renewal fees.
The director shall determine the fees, as provided in
RCW 43.24.085 as now or hereafter amended, for the
issuance, renewal, or administration of the following licenses, permit, or examination:
(1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given
by the examining board;
(2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state;
(3) For the annual renewal of a license to practice
veterinary medicine, surgery, and dentistry;
(4) For a temporary permit to practice veterinary
medicine, surgery, and dentistry. The temporary permit
fee shall be accompanied by the full amount of the examination fee. [ 1975 lst ex.s. c 30 § 84; 1971 ex.s. c 266
§ 20; 1967 ex.s. c 50 § 9; 1959 c 92 § 12; 1941 c 71 § 19;
Rem. Supp. 1941 § 10040-19. Prior: 1907 c 124 §§ 9, 10.
Formerly RCW 18.92.090 and 18.92.140.]
Chapter 18.96
LANDSCAPE ARCHITECTS
Sections
18.96.080
18.96.100
18.96.110
18.96.140
Applications-Contents-Fees-Practitioners at
time of enactment.
Reciprocity.
Expiration date-Renewals.
Restoration of suspended or revoked licenses-Reissuance of'lost or destroyed certificates.
18.96.080
Applications--Contents--Fees--
~ract~tioners at time of ~nactment. Application for registration shal~ be. filed with the director prior to the date
set for exammatlon and shall contain statements made
under oath showing the applicant's education and a detailed summary of his practical experience, and shall
contain not less than five references, of whom three or
18.96.140
more shall be landscape architects having personal
knowledge of his landscape architectural experience.
The application fee shall be determined by the director as provided in RCW 43.24.085 as now or here~fter
amended and shall include a nonrefundable examination fee, and a fee for issuance of the certificate.
The application fee for reexamination shall be determined by the director as provided in RCW 43.24.085 as
now or hereafter amended and shall include, and must
be filed with the director not less than six days prior to
the date set for examination.
At any time within the first two years following August 11, 1969, the board shall certify for regi.stration,
without examination, any applicant who submits proof
that he has had at least a combination of education and
experience substantially equivalent to six years of practice in landscape architecture prior to August 11, 1969.
[1975 1st ex.s. c 30 § 85; 1969 ex.s. c 158 § 8.]
18.96.100 Reciprocity. The director may, upon payment of a filing and investigation fee including the current registration fee in an amount as determined by the
director as provided in RCW 43.24.085 as now or hereafter amended, grant a certificate of registration without
examination to any applicant who is a registered landscape architect in any other state or country whose requirements for registration are at least substantially
equivalent to the requirements of this state for regis~r~­
tion by examination, and which extends the same pnv1leges of reciprocity to landscape architects registered in
this state. (1975 1st ex.s. c 30 § 86; 1969 ex.s. c 158 §
10.]
18.96.110 Expiration date-Renewals. Certificates
of registration shall expire on the last day of June following their issuance or renewal. The director shall set
the yearly fee for renewal which shall be determined as
provided in RCW 43.24.085 as now or hereafter
amended. Renewal may be effected during the month
of June by payment to the director of the required fee.
In case any registrant fails to pay the renewal fee before thirty days after the due date, the renewal fee shall
be the current fee plus an amount equal to one year's
fee at the discretion of the board: Provided, That any
registrant in good standing, upon fully retiring from
landscape architectural practice, may withdraw from
practice by giving written notice to the director, and
may thereafter resume practice at any time upon payment of the then current annual renewal fee. Any registrant, other than a properly withdrawn licensee, who
fails to renew his registration for a period of one year
may reinstate only on reexamination as is required for
new registrants. [1975 !st ex.s. c 30 § 87; 1969 ex.s. c
158 § 11.]
18.96.140 Restoration of suspended or revoked licenses--Reissuance of lost or destroyed certificates.
Upon the recommendations of the board, the director
may restore a license to any person whose license has
been suspended or revoked. Application for the reissuance of a license shall be made in such a manner as indicated by the board.
(1975 RCW Supp--p 1811
18.96.140
Title 18:
Businesses and Professions
A new certificate of registration to replace any certificate Inst or destroyed, or mutilated may be issued by
the director. and a charge determined by the director as
prl)\ ided in RCW 43.24.085 as now or hereafter
amended shall be made for such issuance. [ 1975 1st
ex.s. c 30 § 88: 1969 e.x.s. c 158 § 14.]
Chapter 18.106
PLUMBERS
Sections
18.106.010
18. 106.020
18.106.040
18.106.120
Definitions.
Certificate of competency--Required.
Examinat1ons--Eligibility requirements-Determination.
Repealed.
18.106.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have
the following meaning:
(I) "Advisory board" means the state advisory board
of plumbers:
(2) "Department" means the department of labor and
industrie~:
(3) "Director" means the director of department of
labor and mduqne~:
(4) "Journevman plumber" means any person who
has bt~en issued a certificate of competency by the department of lahor and industries as provided in this
chapter:
(5) "Plumbing" means that craft involved in installing. altering. repairing and renovating potable water
systems and liquid \\ a<.;te systems within a building:
Prv~iJed. That imtallation in a water system of water
softening or water treatment equipment shall not be
within the meaning of plumbing as used in this chapter;
(6) "Local enforcement agency'' shall mean any local
governmental agency involved in the enforcement of
plumbing codes and the issuance of journeyman
plumbers' licen"e\. [1975 1st ex.s. c 71 § l; 1973 1st ex.s.
c 175 § I.]
18.106.020 Certificate of competency--Required.
No person shall engage in the business or trade of
plumbing as a journeyman without having a current
certificate of competency issued by the department in
accordance with the provisions of this chapter. [ 1975 1st
ex.s. c 71 § 2; 1973 !st ex.s. c 175 § 2.]
18.106.040
Examinations--Eligibility requirements--Determination. Cpon receipt of the application and evidence set forth in RCW 18.106.030, the
director shall review the same and make a determination as to whether the applicant is eligible to take an
examination for the certificate of competency. To be eligible to take the examination the applicant must have
worked under the supen·ision of a journeyman plumber
certified under this chapter or ha\'e completed a course
of study in the plumbing trade in the armed services of
the L'nited States or at a school accredited by the coordinating council on occupational education. No other
requirement for eligibility may be imposed. The director
[1975 RCW Supp--;> 182]
shall establish reasonable rules and regulations for the
examinations to be given applicants for certificates of
competency. In establishing said rules, regulations. and
criteria, the director shall consult with the state advisory
board of plumbers as established in RCW 18.106.110.
Upon determination that the applicant is eligible to
take the examination, the director shall so notify him,
indicating the time and place for taking the same. [1975
!st ex.s. c 71 § 3; 1973 !st ex.s. c 175 § 4.]
18.106.120 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 18.108
MASSAGE OPERATORS AND BUSINESSES
Sections
18.108.010
18.108.020
Definitions.
State massage examining board--Created--Membership-Terms--Vacancies--Powers and duties--Compensa ti on.
18.108.030 Massage operator's license required.
18.108.040 Advertising practice of massage by unlicensed person
unlawful.
18. l 08.050 Exemptions.
18.108.060 Massage operator's licenses--Expiration date--Renewal--Fees.
18. 108.070 Massage operator's licenses--Applicant's qualifications--Examination.
18. 108.080 Grounds for denial, suspension or revocation of licenses.
18.108.090 General penalty.
18. 108. l 00 Provisions relating to licensing of persons nonexclusive.
18.108.l IO Massage business license--Advertising without license
unlawful.
18.108.120 Massage business license--Required--Hiring unlicensed massage operator prohibited.
18.108.130 Exemptions.
18. 108.140 Massage business license--Expiration--Renewal.
18.108.150 Massage business license--Qualifications--lnformation to be furnished.
18.108.160 Massage business license--F ees.
18.108.170 Grounds for denial of issuance or renewal of licenses.
18.108.180 Inspection of massage premises by director--Reports
and information.
18.108.190 Inspection of premises by law enforcement personnel.
18.108.200 Massage businesses--Rules and regulations.
18.108.210 Provisions relating to licensing of massage businesses
nonexclusive--Authority of local political
subdivisions.
18.108.900 Severability--1975 !st ex.s. c 280.
18.108.010 Definitions. In this chapter, unless the
context otherwise requires, the following meanings shall
apply:
(1) "Board" means the state massage examining
board;
(2) "Massage'' means the treatment of the superficial
parts of the body, with or without the aid of soaps, oils,
or loti?ns, by r~bbing, touching, stroking, tapping, and
kneadmg, provided no attempt be made to adjust or
manipulate the articulations of the spine;
(3) "Massage operator" means a person engaged in
the practice of massage;
(4) "Director" means the director of the department
of motor vehicles.
(5) Massage business means the operation of a business where massages are given. [1975 !st ex.s. c 280 § I.]
Massage Operators And Businesses
18.108.020
State massage examining board--Cre-
ated~Memhership--Terms--Vacancies-­
Powers and duties--Compensation. The state massage
examining board is hereby created. The board shall
consist of three members who shall be appointed by the
governor for a term of three years each. Each member
shall be a resident of this state and shall have not less
~han t~ree years experience in the practice of massage
rmr;r1ed1ately preceding their appointment and shal\ be
~ctrvely engaged in the practice of massage during their
incumbency. Within thirty days after September 8,
1975. three members shall be appointed by the governor
to serve one, two, and three years respectively. In the
event that a ~ember cannot complete his term of office,
another appo1.ntment shall be made by the governor in
accordance with the procedures stated in this section to
fill the remainder of t~e term. No member may serve
mor~ than .two successive terms and shall qualify and
receive a ltcense pursuant to RCW 18.108.070 within
ninety days of their appointment.
Subject to the approval of the director, the board
s~all have. the ~ower to. promulgate rules and regulations not mcons1stent with the law and which may be
necessary for the performance of its duties. It shall be
the duty of the board to pass upon the qualifications of
applicants for licenses, prepare the necessary examination questions and practical demonstrations, conduct
examinations from time to time in such places as the
director designates, and to determine the applicants
who successfully passed the examination, and in turn
notify the director of such determinations.
Each member of the board shall receive as compensation twenty-five dollars for each day's attendance at
meetings of the board. Members shall be reimbursed for
necessary traveling expenses incurred in the actual performance of their duties, as provided for state officials
and employees generally in chapter 43.03 RCW. {1975
lst ex.s. c 280 § 2.]
18,108.030 Massage operator's license required. No
person shall engage in, or hold themselves out as engaged in the practice of massage without a massage operator's license issued by the director. {1975 1st ex.s. c
280 § 3.J
18.108.040 Advertising practice of massage by unlicensed person unlawful. It shall be unlawful to advertise
the practice of massage by a person not licensed by the
director. !}975 lst ex.s. c 280 § 4.]
18.108.050 Exemptions. This chapter does not apply
to:
(l) An individual giving massage in their home tQ
members of their immediate family;
(2) Persons licensed in this state to practice medicine,
surgery, drugless therapy, cosmetology, barbering,
physical therapy, osteopathy, osteopathy and surgery,
chiropractic, podiatry, nursing, or persons working under prescription, supervision, or direction of any such
person;
18.108.080
(3) Massage practiced at the athletic department of
any institution maintained by the public funds of the
state. or any of its political subd1v1s10ns:
(4) Massage practiced at the athletic department of
any school or college accredited by the northwest association of secondary and higher schools. (1975 !st ex.s.
c 280 § 5.}
Exemptions: R CW 18. 108.130.
18.108.060 Massage operator's licenses--Expiration date-Renewal--Fees. All licenses issued under the provisions of this chapter. un\ess otherwise
provided shall expire on ~he annual anniversary date of
the individual's date of birth.
Failure to pay the annual license renewal fee by t.he
dates specified above shall render th~ license invah~,
but such license may be reinstated upon wntten application therefor to the dire<'.tor. and payment to the state
of a penalty of ten dollars together with all delinquent
annual license renewal fees.
The director shall prorate the licensing fee for massage operator based on one--twelfth of the annual license fee for each full calendar month hetween the
issue date and the next anniversary of the applicant's
birth date, a date used as the expiration date 1.1f rnch
1icense.
Every applicant for a license shall pay an examination fee determined by the director as provided in RCW
43.24.085 as now or hereafter amen<led. which fee ~hall
accompany their application.
Applicants granted a license un<ler this chapter shail
pay to the di.rector a license fee <leterm1ned by the director as provided in RCW 43.24.085 as now or hereafter amended. prior to the issuance of their license,
and an annual renewal fee determined by the director
as provided in RCW 43.24.085 as now or hereafter
amended. [ 1975 l st ex.s. c 280 § 6.]
18.108.070 Massage operator's liccnses--Applicant's qualifications--Examinati<\n. ·r he director shall
approve issuance of a massage operator license to any
applicant who is eighteen years of age or over and who
has furnished satisfactory proof of their good character
and health and who also has passed a written or oral
examination and/or practical demonstration. prepared
and conducted by the board establlshmg their competency and ability to engage in the practice of massage.
The examinations shall require the applicant to demonstrate a basic knowledge of anatomy. physiology, hygiene, first aid, and such other subjects as the examining
board may determine: Provided, That the board shall
give an appropriate alternate form of examination for
persons who cannot read or speak English to determine
equivalent competency. [1975 Jst ex.s. c 280 § 7.]
18.108.080 Grounds for denial, suspension or revocation of licenses. The director may deny issuance or renewal of any license authorized under this chapter, or
suspend or revoke any such hcense. if the licensee:
(1) Has violated any provision of this chapter, or any
rule or regulation of the director adopted pursuant to
this chapter;
(1975 RCW Supp--p 1831
18.108.080
Title 18:
Businesses and Professions
(2) Has made any false statement or representation to
the director in order to induce or prevent action by the
director;
(3) Has been convicted of a crime of lewdness or
moral turpitude or a crime involving possession, use, or
distribution of controlled substances, or has forfeited a
bond to appear in court for any of the foregoing offenses. [1975 1st ex.s. c 280 § 9.]
Grounds for denial, suspension or revocation of licenses: RCW
18. 108. 170.
18.108.090 General penalty. Any person who violates any of the provisions of this chapter, or the rules
and regulations adopted pursuant thereto, shall be
guilty of a gross misdemeanor. [ 197 5 1st ex.s. c 280 §
10.]
18.108.100 Provisions relating to licensing of persons
nonexclusive. The provisions of this chapter relating to
the licensing of any person shall not be exclusive, and
any political subdivision of the state of Washington
within whose jurisdiction the practice of massage is
performed may require additional registrations or licenses, regulating the practice of massage or massage
operators, and charge any fee for the same or similar
purpose. [ 197 5 I st ex.s. c 280 § 11.]
18.108.110 Massage business license-Advertising
without license unlawful. It shall be unlawful to advertise the practice of massage by a business not licensed
by the director. [1975 1st ex.s. c 280 § 12.]
18.108.120
Massage business license--Required--Hiring unlicensed massage operator prohibited. No person shall conduct a massage business
without a massage business license issued by the director and, where required, by the political subdivision
within whose jurisdiction the massage business is located. No massage business shall hire a massage operator
who is not licensed by the director, provided that this
requirement shall not become effective until six months
after September 8, 1975. [1975 1st ex.s. c 280 § 13.]
18.108.130 Exemptions. This chapter does not apply
to:
(I) Massage practiced at the athletic department of
any institution maintained by the public funds of the
state. or any of its political subdivisions;
(2) Massage practiced at the athletic department of
any primary or secondary school, or institution of
higher education; and
(3) Massage practiced at the athletic department of
any nonprofit organization licensed under RCW 66.24.400 and 66.24.450. [1975 1st ex.s. c 280 § 14.]
Exemptions: RCW 18.108.050.
18.108.140 Massage business license--Expiration--Renewal. Massage business license shall expire
annually. Failure to pay the annual license renewal fee
shall render the license invalid, but such license may be
reinstated upon written application thereof to the director, and payment to the state of a penalty of ten dollars
(1975 RCW Supp----p 184)
together with all delinquent annual license renewal fees.
[1975 lst ex.s. c 280 § 15.]
18.108.150 Massage business license-Qualifications--Information to be furnished. The director shall
approve issuance of a massage business license to any
applicant who supplies the following information:
(I) The name, home address, telephone number, and
social security number and birth certificate of the applicant and of all persons named under subsections (3)
and (4) of this section; and
(2) The business name, business address and telephone number of the establishment or proposed establishment and a description of the premises on which
said business will be conducted; and
(3) The names of all persons owning an interest in
such business or proposed business, including any corporate stockholders, and whether such business will be
conducted as a sole proprietorship, partnership, or corporation; if a partnership, giving the names of all persons sharing in the profits of said business, and if a
corporation giving the names of its officers and directors and the title of each; and
(4) The names of all persons who will act as proprietor, manager, or person in charge of such business or
proposed business; and
(5) Evidence that the facilities of the applicant's massage business comply with the standards established by
the director. [1975 lst ex.s. c 280 § 16.]
18.108.160 Massage business license--Fees. The
fee for application for, and renewal of a massage business license shall be determined by the director as provided in RCW 43.24.085 as now or hereafter amended:
Provided, That only one fee shall be required where an
applicant applies for both a license to practice massage
and for a business license. [ 197 5 1st ex.s. c 280 § 17.]
18.108.170 Grounds for denial of issuance or renewal
of licenses. The director may deny issuance or renewal
of any license authorized under this chapter, or suspend
or revoke any such license, if the licensee:
(1) Has violated any provision of this chapter, or any
rule or regulation of the director adopted pursuant to
this chapter;
(2) Has made any false statement or representation to
the director in order to induce or prevent action by the
director;
(3) Has displayed improper, unprofessional, or dishonorable conduct in the operation of his massage
business;
(4) Has been convicted of a crime, in connection with
the licensee's practice as a massage operator, of lewdness or moral turpitude or possession, use or distribution of a schedule 1 controlled substance, except
marihuana, as defined in RCW 69.50.204, or has forfeited a bond to appear in court for any of the foregoing offenses;
(5) Has failed or refused to qualify for or obtain any
business license required by the local political subdivision within whose jurisdiction the massage business is
located. [1975 1st ex.s. c 280 § 18.]
19.09.350
Charitable Solicitations
Grounds for denial, suspension or revocation of licenses: RCW
18.108. 080.
18.108.180
Inspection of massage premises by direcand information. The director or any of
his authorized representatives may at any time visit and
1
~spect the premises of each massage business estabhshmen t in order to ascertain whether it is conducted in
co.mpliance with the law, including the provisions of
this chapter and the rules and regulations of the director. The operator of such massage business shall furnish
such reports and information as may be required. [1975
1st ex.s. c 280 § 19.]
t~r-Reports
18.108.190 Inspection of premises by Jaw enforcement personnel. State and local law enforcement personnel s~all ~ave the authority to inspect the premises
at any time mcluding business hours. [1975 I st ex.s. c
280 § 20.]
~ 8.108.200 . Massage businesses--R uJes and regulations. The d1r~ctor is authorized to promulgate rules
and regulations m accordance with chapter 34.04 RCW
to carr~ out the provisions of this chapter relating to the
regulation of massage businesses in this state. [1975 lst
ex.s. c 280 § 21.J
18.10~.210 Provisions relating to licensing of massage busmesses nonexclusive-Authority of local political subdiv~sion~. The pro.visio~s of this chapter relating
to the registration and hcensmg of any massage business shall not be exclusive and any political subdivision
of the state of Washington within whose jurisdiction the
T?assage .business is located may require any registrations or licenses, or charge any fee for the same or similar purpos.e; and nothing herein shall limit or abridge
the authority of any political subdivision to levy and
collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon
gross business conducted by any firm within said political subdivision. [1975 1st ex.s. c 280 § 22.]
18.108.900 Severability--1975 1st ex.s. c 280. If
any provision of this 1975 act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the
remainder of this 1975 act and the applicability thereof
to other persons and circumstances shall not be affected
thereby. [1975 1st ex.s. c 280 § 23.]
Title 19
BUSINESS REGULATIONSMISCELLANEOUS
Chapters
19.09 Charitable solicitations.
19.16 Collection agencies.
19.20 Convict-made goods.
19.27 State building code.
19.28 Electricians and electrical instalJations.
19.31 Employment agencies.
19.52
19.89
19.91
19.94
19.98
19.105
lnterest--Usury.
Fair Trade Act.
Unfair cigarette sales act.
Weights and measures--1969 act.
Farm implements, machinery, parts.
Camping clubs.
Chapter 19.09
CHARITABLE SOLICITATIONS
Sections
19.09.210
19.09.350
Financial statements-Special reports.
Fees.
19.09.210 Financial statements-Special reports.
(a) Within ninety days following the close of its fiscal
year every charitable organization which is required to
file a registration statement under RCW 19.09.060 and
which has received contributions during the previous
fiscal year shall file with the director a financial statement containing, but not limited to, the following
irtforma ti on:
(l) The gross amount of the contributions pledged
and the gross amount collected.
(2) The amount thereof, given or to be given to charitable purposes represented together with details as to
the manner of distribution as may be required either by
general rule or by specific written request of the
director.
(3) The aggregate amount paid and to be paid for the
expenses of such solicitation.
(4) The amounts paid to and to be paid to professional fund raisers and solicitors.
(5) Copies of any annual or periodic reports furnished by the charitable organization, of its activities
during or for the same fiscal period, to its parent organization, subsidiaries, or affiliates, if any.
(b) The director may prescribe such forms as may be
necessary or convenient for the furnishing of such information. In addition, the director may require that
within thirty days after the close of any special period
of solicitation the charitable organization conducting
such solicitation shall file a special report containing the
information specified in this section for such special period of solicitation. [ 1975 1st ex.s. c 219 § 1; 1973 1st
ex.s. c 13 § 21.)
19.09.350 Fees. To defray the cost of administering
this chapter the director shall collect fees for the following services in amounts determined by the director
as provided in RCW 43.24.085: Filing a registration of
a charitable organization, renewal of such registration,
filing each separate financial statement of the solicitation of funds by a charitable organization, filing the
registration of a professional fund raiser, filing the registration of a professional solicitor: Provided, That no
specific fee provided for under this section shall be collected from any person or organization more than once
in any calendar year.
All such fees, when received by the director, shall be
transmitted to the state treasurer. [1975 lst ex.s. c 30 §
89; 1973 1st ex.s. c 13 § 35.)
(1975 RCW Supp--p 185)
Chapter 19.16
Title 19:
Business Regulations--Miscellaneous
Chapter 19.20
CONVICT-MADE GOODS
Chapter 19.16
COLLECTION AGENCIES
Sections
19.16.140
19.16.150
License-Application-Fees.
Branch office certificate required.
19 .16.140 License--Application--F ees. Each
applicant when submitting his application shall pay a
licensing fee and an investigation fee determined by the
director as provided in RCW 43.24.085 as now or hereafter amended. If a license is not issued in response to
the application, the license fee shall be returned to the
applicant.
An annual license fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended shall be paid to the director on or before January first of each year. If the annual license fee is not
paid on or before January first, the licensee shall be assessed a penalty for late payment in an amount determined by the director as provided in RCW 43.24.085 as
now or hereafter amended. If the fee and penalty are
not paid by January thirty-first, it will be necessary for
the licensee to submit a new application for a license:
Provided, That no license shall be issued upon such
new application unless and until all fees and penalties
previously accrued under this section have been paid.
Any license or branch office certificate issued under
the provisions of this chapter shall expire on December
thirty-first following the issuance thereof. [1975 lst ex.s.
c 30 § 90; 1971 ex.s. c 253 § 5.]
19.16.150 Branch office certificate required. If a licensee maintains a branch office, he or it shall not operate a collection agency business in such branch office
until he or it has secured a branch office certificate
therefor from the director. A licensee, so long as his or
its license is in full force and effect and in good standing, shall be entitled to branch office certificates for any
branch office operated by such licensee upon payment
of the fee therefor provided in this chapter.
Each licensee when applying for a branch office certificate shall pay a fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended. An annual fee determined by the director as
provided in RCW 43.24.085 as now or hereafter
amended for a branch office certificate shall be paid to
the director on or before January first of each year. If
the annual fee is not paid on or before January first, a
penalty for late payment in an amount determined by
the director as provided in RCW 43.24.085 as now or
hereafter amended shall be assessed. If the fee and the
penalty are not paid by January thirty-first, it will be
necessary for the licensee to apply for a new branch
office certificate: Provided, That no such new branch
office certificate shall be issued unless and until all fees
and penalties previously accrued under this section
have been paid. [ 1975 1st ex.s. c 30 § 91; 1971 ex.s. c
253 § 6.]
(1975 RCW Supp---p 1861
Sections
19.20.020
Sale of convict-made goods prohibited-Exceptions-Rehabilitation and vocational program goods
excepted, compensation.
19.20.020 Sale of convict-made goods prohibited-Exceptions--Rehabilitation and vocational program
goods excepted, compensation. The selling, offering,
keeping, exposing or displaying for sale on the open
market within this state of any goods, wares, or merchandise manufactured, produced, or mined, wholly or
in part, by convicts or prisoners, except convicts or
prisoners on parole, probation, or work or training release is hereby prohibited except that, any fair, bazaar,
or other public gathering of a temporary nature which
displays and offers for sale hand crafted articles, may
provide adequate space for the display and sale of hand
crafted articles manufactured as result of occupational
therapy by persons confined to any institution in this
state. Such space shall be furnished without charge. The
secretary of social and health services shall credit the
proceeds derived from the sale of such articles to the
institutions where produced or manufactured to be deposited in a revolving fund to be expended for the purchase of supplies, materials, and equipment for the
production of hand crafted articles, provided, that any
resident of a state correctional institution who produces
a hand crafted article with supplies or materials purchased or procured by him, not at state expense, may
be permitted by the secretary, or his designee, to sell
such article under the authority of this section, the proceeds to be deposited in his personal account.
No goods, wares, or merchandise manufactured, produced, or mined, in whole or in part, by convicts or
prisoners of other states, except convicts or prisoners on
parole or probation, shall be shipped into this state to
be sold on the open market in this state, or sold to or
exchanged with an institution of this state, or any of its
political subdivisions: Provided, This chapter shall not
prohibit the sale to or exchange between penal, reformatory, or custodial institutions and/or departments of
this state, including any of its political subdivisions, for
use or consumption by said institutions, of goods,
wares, or merchandise manufactured, produced, or
mined, in whole or in part, by convicts or prisoners of
the state of Washington: And provided, further, This
chapter shall not apply to commodities manufactured
by federal, penal, or correctional institutions for use by
the federal government and/or goods displayed or sold
within any of the penal, reformatory, or custodial institutions of the state for the benefit of the inmates thereof. Nothing in this section shall be construed to apply
to goods, wares, or merchandise manufactured, produced, or mined, in whole or part by convicts or prisoners employed by employers other than the state of
Washington under work, training, or similar rehabilitative or vocational programs. Furthermore, such convict
or prisoner participants shall be compensated at fair
market prevailing wages and shall be entitled to all
benefits and privileges in their employment to the same
State Building Code
extent as other employees of their employer to the
maximum extent which is not inconsistent with the
rules, regulations, and conditions imposed upon the
convict or the prisoner as the res~l.t of confinement or
probation, except that such participants shall not receive unemployment comp~nsation benefits pursuant to
any of the provisions of Title 50 RCW. Procedures for
distribution of earnings shall be developed for the department of social and health services in accordance
with RCW 72.65.050. All participants who become engaged in employment or training under this program
shall not be considered as agents, employees, or involuntary servants of [the] state, and the department of social and health services is prohibited from entering into
a contract with any person, copartnership, company, or
corporation for the labor of any participant under its
jurisdiction. The institutional industries commission as
established by chapter 72.60 RCW shall be responsible
for overall supervision of any in prison work opportunities organized in accordance with this section. [1975 c
44 § 1; 1970 ex.s. c 73 § I; 1933 c 178 § I; 1927 c 294 §
l; RRS § 5847-1. Formerly RCW 19.20.020 through
19.20.050.]
Chapter 19.27
STATE BUILDING CODE
Sections
19.27.030
19.27.040
19.27.060
19.27.080
19.27.100
National codes and standards-Adoption by reference--Conflicts. (Amendment effective July I,
1976.)
Cities and counties authorized to amend state building
code-Adopt revisions-Limitations. (Amendment effective July I, 1976.)
Local building regulations superseded-Exceptions.
Chapters of RCW not affected.
Cities, towns, counties may impose fees different from
state building code.
19.27.030 National codes and standards--Adoption
by reference--Confticts. (Amendment effective July
1, 1976.) On and after January 1, 1975, there shall be in
effect in all cities, towns and counties of the state a
state building code which shall consist of the following
codes which are hereby adopted by reference:
(1) Uniform Building Code and Related Standards,
1973 edition, published by the International Conference
of Building Officials;
(2) Uniform Mechanical Code, 1973 edition, including Chapter 22, Fuel Gas Piping, Appendix B, published by the International Conference of Building
Officials and the International Association of Plumbing
and Mechanical Officials;
(3) The Uniform Fire Code with appendices thereto,
1973 edition, published by the International Conference
of Building Officials and the Western Fire Chiefs
Association;
(4) The Uniform Plumbing Code, 1973 edition, published by the International Association of Plumbing
and Mechanical Officials: Provided, That chapter 11 of
such code is not adopted: Provided, That notwithstanding any wording in this code, nothing in this code
shall apply to the installation of any gas piping, water
heaters, or vents for water heaters; and
19.27.060
(5) The rules and regulations adopt~d. by the coun.cil
establishing standards for making buildm~s and fac1l~­
ties accessible to and usable by the physically handicapped or elderly persons as provided for in RCW
70.92.100 through 70.92.160.
.
In case of conflict among the codes enumerated m
subsections (!), (2), (3) and (4) of this section, the first
named code shall govern over those following. [ 1975 l st
ex.s. c 110 § 8; 1974 ex.s. c 96 § 3.]
Effective date---1975 1st ex.s. c 110 §§ 8, 9 and 10: "Sections 8, 9,
and IO of this amendatory act shall take effect on July I, 1976." (1975
1st ex.s. c 110 § 12.] This applies to the 1975 amendments to RCW
19.27.030 and 19.27.040 and to the repeal of RCW 70.92.010-70.92.060 and RCW 70.92A.OI0-70.92A.060.
Public buildings and accommodations, provisions for elderly and
handicapped: Chapter 70.92 RCW.
19.27.040 Cities and counties authorized to amend
state building code--Adopt revisions--Limitations.
(Amendment effective July I, 1976.) On and after January l, 1975, the governing body of each city, town or
county is authorized to amend the state building code
as it applies within its jurisdiction in all such respects as
shall be not less than the minimum performance standards and objectives enumerated in RCW 19.27.020, including, the authority to adopt any subsequent revisions
to the codes in RCW 19.27.030 (I), (2), (3), and (4).
Nothing in this section shall authorize any modifications of the requirements of RCW 70.92.100 through
70.92.160. [1975 !st ex.s. c 110 § 9; 1974 ex.s. c 96 § 4.]
Effective date---1975 1st ex.s. c 110: The effective date of the
amendment to this section by 1975 !st ex.s. c llO § 9 was July I,
1976, see note following RCW 19.27.030.
19.27.060 Local building regulations superseded-Exceptions. (l) Except as permitted or provided otherwise under the provisions of RCW 19.27.040 and subsections (3) and (4) of this section, the state building
code supersedes all county, city or town building regulations containi,ng less than the minimum performance
standards and objectiyes contained in the state building
code.
(2) Except as permitted or provided otherwise under
the provisions of RCW 19.27.040 and subsections (3)
and (4) of this section, the state building code shall be
applicable to all buildings and structures including
those owned by the state or by any other governmental
subdivision.
(3) The governing body of each city, town or county
may limit the application of any rule or regulation or
portion of the state building code to include or exclude
specified classes or types of buildings or structures, according to use, occupancy, or such other distinctions as
may make differentiation or separate classification or
regulation necessary, proper, or desirable: Provided,
That in no event shall fruits or vegetables of the tree or
vine stored in buildings or warehouses, constitute combustible stock for the purposes of application of the
uniform fire code.
(4) The provisions of this chapter shall not apply to
any building four or more stories high with an F occupancy as defined by the uniform building code, chapter
6, 1973 edition, and with a fire insurance classification
(1975 RCW Supp--p 187)
19.27.060
Title 19:
Business Regulations--Miscellaneous
rating of I. 2. or 3 as defined by a recognized fire rating
bureau or organization. [ 1975 I st ex.s. c 282 § 2; 1974
ex..s. c 96 § 6.]
19.27.080 Chapters of RCW not affected. Nothing in
*this 1974 act shall affect the provisions of chapters 19.28. 43.22, 70.77, 70.79, 70.87, 48.48, 18.20, 18.46. 18.51.
28A.02. 28A.04. 70.41, 70.62, 70. 75, 70.108, 71.12, 74.15.
70.94. or 76.04 RCW or grant rights to duplicate the
authorities provided under chapters 70.94 or 76.04
RCW. [1975 !st ex.s. c 282 § I; 1974 ex.s. c 96 § 8.]
'"Reviser's note: "this 1974 act" consists of RCW 19.27.010--19.27.090, and 70.92A.060. RCW 70.92A.060 was repealed by 1975 1st ex.s.
c 110§ JO, effective July I, 1976.
19.27.100 Cities, towns, counties may impose fees
different from state building code. Nothing in this chapter shall prohibit a city, town, or county of the state
from imposing fees different from those set forth in the
state building code. [ 1975 !st ex.s. c 8 § l.]
Chapter 19.28
ELECTRICIANS AND ELECTRICAL
INST ALLA TIO NS
Sections
19.28.120
19.28.123
19.28.125
License required-General or specialty licensesFees-Application-Bond-Cash deposit in
lieu of bond.
Board of electrical examiners-Created-Membership----Examinations-Meetings-Per diem.
Electrical contractors-Designee of firm to take examination-Certification duration, renewal,
nontransferable.
19.28.120 License required--General or specialty
licenses--Fees--Application--Bond--Cash deposit in lieu of bond. (1) It shall be unlawful for any
person, firm, or corporation to engage in, conduct or
carry on the business of installing wires or equipment to
convey electric current, or installing apparatus to be
operated by such current as it pertains to the electrical
industry. without having an unrevoked, unsuspended
and unexpired license so to do, issued by the director of
labor and industries in accordance with the provisions
of this chapter. All such licenses shall expire on the
thirty-first day of December following the day of their
issue. Application for such license shall be made in
writing to the department of labor and industries, accompanied by the required fee, and shall state the name
and address of the applicant, and in case of firms, the
names of the individuals composing the firm, and in
case of corporations, the name of the managing officials
thereof, and shall state the location of the place of
business of the applicant and the name under which
such business is conducted, and shall state the type of
license sought, whether a general or specialty electrical
license, and if the latter. the type of specialty. A general
electrical license shall grant to the holder thereof the
right to engage in, conduct or carry on, the business of
installing wires or equipment to carry electric current,
and installing apparatus, or install material to fasten, or
insulate such wires or equipment, to be operated by
such current. in any and all places in the state of
(1975 RCW Supp--p 188)
Washington. A specialty electrical license shall grant to
the holder thereof a limited right to engage in. conduct
or carry on. the business of installing wires or equipment to carry electrical current, and installing apparatus, or to install material to fasten, or insulate such
wires or equipment. to be operated by such current in
the state of Washington as expressly allowed by such
license. The application for such license shall be accompanied by a bond in the sum of three thousand
dollars with the state of Washington named as obligee
therein, with good and sufficient surety, to be approved
by the attorney general. Said bond shall at all times be
kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom,
shall ipso facto revoke and suspend the license issued to
the principal until such time as a new bond of like tenor
and effect shall have been filed and approved as herein
provided. Upon approval of said bond by the attorney
general, the director of labor and industries shall on the
next business day thereafter deposit the fee accompanying said application in the fund to be known and designated as the 11 electrical license fund 11 • Upon approval
of said bond by the attorney general, he shall transmit
the same to the state electrical inspection division, who
shall file said bond in the office, and upon application
furnish to any person, firm or corporation a certified
copy thereof, under seal, upon the payment of a fee of
two dollars. Said bond shall be conditioned that in any
installation of wires or equipment to convey electrical
current, and apparatus to be operated by such current,
the principal therein will comply with the provisions of
this chapter and in case such installation is in an incorporated city or town having an ordinance, building
code, or regulations prescribing equal, a higher or better
standard, manner or method of such installation that
the principal will comply with the provisions of such
ordinance, building code or regulations governing such
installations as may be in effect at the time of entering
into a contract for such installation. Said bond shall be
conditioned further that the principal will pay for all
labor, including employee benefits, and material furnished or used upon such work, taxes and contributions
to the state of Washington, and all damages that may
be sustained by any person, firm or corporation due to
a failure of the principal to make such installation in
accordance with the provisions of this chapter, or any
ordinance, building code or regulation applicable thereto. In lieu of the surety bond required by this section
the license applicant may file with the director a cash
deposit or other negotiable security acceptable to the
director: Provided, however, If the license applicant has
filed a cash deposit, the director shall deposit such
funds in a special trust savings account in a commercial
bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from such account. The board of electrical
examiners shall certify to the director of labor and industries all persons who are entitled to either a general
or specialty electrical contractors' qualifying certificate.
The director of labor and industries shall issue general
Electricians And Electrical Installations
or specialty licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, or
corporation, including the requirement of a bond with
the state of Washington named as obligee therein and
the collection of a fee therefor, shall be exclusive and
no political subdivision of the state of Washington shall
require or issue any licenses or bonds nor charge any
fee for the same or a similar purpose: Provided, That
no person holding more than one specialty license under the provisions of this chapter shall be required to
pay an annual fee for more than one such license or
shall be required to post more than one three thousand
dollar bond or an equivalent cash deposit or other negotiable security.
(2) From and after *the effective date of this 1975
amendatory act to obtain a general or specialty contractor license the applicant must designate an individual . who currently possesses an electrical qualifying
certificate as a general electrical contractor or as to the
specialty electrical contractor license for which application has been made. To obtain such a certificate an individual shall pass an examination as set forth in RCW
19.28.123 or, alternately, the applicant was a duly licensed electrical contractor at any time during 1974. As
to those applicants who were duly licensed as electrical
contractors by the state of Washington at any time
during 1974 such applicants shall be entitled to receive
a general electrical contractor qualifying certificate
without examination. [1975 !st ex.s. c 195 § l; 1975 1st
ex.s. c 92 § l; 1974 ex.s. c 188 § l; 1971ex.s.c129 § l;
1969 ex.s. c 71 § 2; 1969 c 30 § 1. Prior: 1967 ex.s. c 15
§ l; 1967 c 88 § 2; 1965 ex.s. c 117 § 3; 1963 c 207 § 2;
1959 c 325 § 1; 1935 c 169 § 4; RRS § 8307-4; prior:
1919 c 204 §§ 1, 2. Formerly RCW 19.28.120 through
19.28.170.]
*Reviser's note: Section I of chapter 92, Laws of 1975 !st ex. sess.
which amended this section was vetoed. This partial veto of said
chapter 92 was overridden by chapter 195, Laws of 1975 1st ex. sess.
Both chapters contained emergency sections.
Chapter 92, Laws of 1975 !st ex. sess. passed the House of Representatives on May I, 1975; passed the Senate on May 15, 1975; and
was partially vetoed May 27, 1975.
The partial veto was overridden by the House of Representatives
on May 30, 1975 and by the Senate on June 8, 1975.
Se_v~rability-.-1975 1st ex.s. c
prov1s10~ of this 1975 amendatory
195, 1975 1st ex.s. c 92: "If any
act, or its application to any person or CITcumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1975 1st ex.s. c 195 § 4; 1975 !st ex.s. c 92 § 4.]
Effective date--1974 ex.s. c 188: "The effective date of this 1974
amendatory act is July I, 1974." [1974 ex.s. c 188 § 6.] This applies to
RCW 19.28.123, 19.28.125 and to the 1974 amendment to RCW
19.28.120.
Severability-1974 ex.s. c 188: "If any provision of this 1974
amen_dato'.Y act, or its application to any person or circumstance is
hdd mvahd, the remamde~ of the act, or the application of the provis10n to other persons or CITcumstances is not affected." (1974 ex.s. c
188 § 5.] This applies to RCW 19.28.123, 19.28.125 and to the 1974
amendment to RCW 19.28.120.
Effective date--1971 ex.s. c 129: "The effective date of this 1971
amendatory act shall be December I, 1971." [1971 ex.s. c 129 § 3.]
This applies to the 1971 amendments to RCW 19.28.120 and
19.28.210.
19.28.125
19.28.123 Board of electrical examiners--Created--Membership--Examinations--Meetings--Per diem. There is hereby created a board of
electrical examiners consisting of nine members to be
appointed by the governor. It shall be the purpose and
function of this board to establish in addition to a general electrical contractors' license, such classifications of
specialty electrical contractors' licenses as it deems appropriate with regard to individual sections pertaining
to state adopted codes in chapter 19.28 RCW. In addition, it sha.ll be the purpose and function of this board
to establish and administer written examinations for
general electrical contractors' qualifying certificates and
the various specialty electrical contractors' qualifying
certificates. Examinations shall be designed to reasonably insure that general and specialty electrical contractor's qualifying certificate holders are competent to
engage in and supervise the work covered by this statute and their respective licenses. The examinations shall
include questions from the following categories to assure proper safety and protection for the general public:
(1) Safety, (2) state electrical code, and (3) electrical
theory. Meetings of the board shall be held quarterly on
the first Monday of February, May, August and
November of each year. Each member of the board
shall be paid a per diem of twenty-five dollars for each
day or portion thereof that the board is in session and
each member shall receive in addition thereto his necessary and reasonable transportation and other expenses as provided in chapter 43.03 RCW, which shall
be paid out of the electrical license fund, upon vouchers
approved by the director of labor and industries. [1975
1st ex.s. c 195 § 2; 1975 1st ex.s. c 92 § 2; 1974 ex.s. c
188 § 2.]
Severability--1975 1st ex.s. c 195, 1975 1st ex.s. c 92: See note
following RCW 19.28.120.
Effective date--Severability--1974 ex.s. c 188: See notes following RCW 19.28.120.
19.28.125 Electrical contractors--Designee of firm
to take examination--Certification duration, renewal,
nontransferable. Each applicant, other than an individual, shall designate a supervisory employee or member
of the firm to take the required examination. This person shall be designated as administrator under the license. No person may qualify as administrator for more
than one contractor. If the relationship of the administrator with the applicant firm or corporation is terminated, the license is void within ninety days unless another
administrator is qualified by the board. A certification
issi:ed under this chapter is valid for the calendar year
of issuance, unless revoked or suspended, and further is
nontransferable. The certification may be renewed
without examination by appropriate application unless
the certificate has been revoked, suspended, or not renewed within thirty days: Provided, That an individual
holding any certification(s) under the provisions of this
chapter shall not be required to pay annual fees for
more than one certificate. [ 1975 1st ex.s. c 195 § 3; 1975
1st ex.s. c 92 § 3; 1974 ex.s. c 188 § 4.]
Severability--1975 1st ex.s. c 195, 1975 1st ex.s. c 92: See note
following RCW 19.28.120.
(1975 RCW Supp--p 1891
Title 19:
19.28.125
Business Regulations--Miscellaneous
Effective date--Severability-1974 ex.s. c 188: See notes following RCW 19.28.120.
Chapter 19.31
EMPLOYMENT AGENCIES
Sections
19 .31.140
Fees for licensees.
19.31.140 Fees for licensees. The director shall determine the fees, as provided in RCW 43.24.085 as now
or hereafter amended, charged to those parties licensed
as employment agencies for original applications, renewal per year, branch license, both original and renewal, transfer of license, and approval of amended or
new contracts and/or fee schedules. [1975 !st ex.s. c 30
§ 92; 1969 ex.s. c 228 § 14.]
Chapter 19.52
INTEREST-USURY
Sections
19.52.080
Defense of usury or maintaining action thereon prohibited if transaction exclusively commercial or business-Exceptions.
19.52.080 Defense of usury or maintaining action
thereon prohibited if transaction exclusively commercial
or business--Exceptions. Corporations, Massachusetts
trusts, associations, trusts, general partnerships, joint
ventures, limited partnerships, and persons may not
plead the defense of usury nor maintain any action
thereon or therefor if the transaction was exclusively for
commercial or business purposes: Provided, however,
That this section shall not apply to a consumer transaction of any amount, or to a commercial or business
transaction not exceeding fifty thousand dollars.
Consumer transactions, as used in this section, shall
mean transactions primarily for personal, family, or
household purposes. [ 1975 1st ex.s. c 180 § 1; 1970 ex.s.
c 97 § 2; 1969 ex.s. c 142 § I.]
Chapter 19.89
FAIR TRADE ACT
Sections
19.89.010
through 19.89.910 Repealed.
19.89.010 through 19.89.910 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 19.91
UNFAIR CIGARETTE SALES ACT
Sections
19.91.080
19.91.130
19.91.140
19.91.150
Determining ''cost to the retailer" and "cost to the
wholesaler" when person complained against.
Wholesalers, retailers licenses-Issuance by department of revenue--Duration.
Wholesaler license fee-Display of license-Wholesaler's bond.
Retailer license fee-Vending machine fee.
(1975 RCW Supir---P 190)
19.91.180
Administration of chapter-Rules-Revocation,
suspension, reinstatement of license, procedureAppeals.
19.91.080 Determining "cost to the retailer" and
''cost to the wholesaler" when person complained against.
(1) In determining "cost to the retailer'' and "cost to the
wholesaler" the department of revenue or a court shall
receive and consider as bearing on the bona tides of the
cost, evidence tending to show that any person complained against under any of the provisions of this
chapter purchased cigarettes, with respect to the sale of
which complaint is made, at a fictitious price, or upon
terms, or in such a manner, or under such invoices, as
to conceal the true cost, discounts or terms of purchase,
and shall also receive and consider as bearing on the
bona tides of such cost, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade
area or state.
(2) Merchandise given gratis or payment made to a
retailer or wholesaler by the manufacturer thereof for
display, or advertising, or promotion purposes, or otherwise, shall not be considered in determining the cost
of cigarettes to the retailer or wholesaler. [ 1975 1st ex.s.
c 278 § 13; 1957 c 286 § 8.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
19.91.130 Wholesalers, retailers licenses--Issuance
by department of revenue-Duration. The licenses issuable by the department of revenue under this chapter
shall be as follows:
(I) Wholesalers license.
(2) Retailers license.
All licenses shall be issued by the department of revenue, which shall make rules and regulations respecting
applications therefor and issuance thereof. The department of revenue may refrain from the issuance of any
license under this chapter, where it has reasonable
cause to believe that the applicant has wilfully withheld
information requested of him for the purpose of determining the eligibility of the applicant to receive a license, or where it has reasonable cause to believe that
information submitted in the application is false or
misleading or is not made in good faith. Each such license shall lapse on the last day of June of the period
for which it is issued, and each such license shall be
continued annually upon the conditions that the licensee shall have paid the required fee and complied with
all the provisions of this chapter and the rules and regulations of the department of revenue made pursuant
thereto. [1975 1st ex.s. c 278 § 14; 1957 c 286 § 13.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
19.91.140 Wholesaler license fee-Display of license-Wholesaler's bond. For each license issued to
a wholesaler, and for each continuance thereof, there
shall be paid to the department of revenue a fee of
three hundred dollars. If a wholesaler sells or intends to
Farm Implements, Machinery, Parts
sell cigarettes at two or more places of business, whether established or temporary, a separate license with a
license fee of twenty-five dollars shall be required for
each additional place of business. Each license, or certificate thereof, and such other evidence of license as
the department of revenue shall require, shall be exhibited in the place of business for which it is issued and in
such manner as may be prescribed by the department
of revenue. The department of revenue shall require
each licensed wholesaler to file with him a bond in an
amount not Jess than one thousand dollars to guarantee
the ~roper performance of his duties and the discharge
of his liabilities under this chapter. The bond shall be
executed by such licensed wholesaler as principal, and
by a corporation approved by the department of revenue and authorized to engage in business as a surety
company in this state, as surety. The bond shall run
concurrently with the wholesaler's license. [1975 1st
ex.s. c 278 § 15; 1957 c 286 § 14.J
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
19.91.150 Retailer license fee--Vending machine
fee. For each license issued to a retail dealer and for
each continuance thereof, there shall be paid to the department of revenue a fee of five dollars. For each licens~ issued t_o a retail dealer operating a cigarette
vendmg machme, and for each continuance thereof,
there shall be paid to the department of revenue a fee
of one additional dollar for each vending machine.
[1975 !st ex.s. c 278 § 16; 1957 c 286 § 15.]
Construction~Severability-1975 1st ex.s. c 278: See notes fol-
lowing RCW 11.08.160.
19.91.180 Administration of chapter--Rules-Revocation, suspension, reinstatement of license, procedure-Appeals. (I) In addition to the penalties and
rights imposed and set forth in RCW 19.91.020 and 19.91.110, the department of revenue may enforce the
provisions of this chapter. The department of revenue
shall have the power to adopt, amend and repeal rules
and regulations necessary to enforce and administer the
provisions of this chapter. The department of revenue is
given full power and authority to revoke or suspend the
license or permit of any wholesale or retail cigarette
dealer in the state of Washington upon sufficient cause
a~pearing of th~ violation of this chapter or upon the
failure of such hcensee or permittee to comply with any
of the provisions of this chapter.
(2) No license or licenses shall be suspended or revoked except upon notice to the licensee and after a
hearing. as prescribed by said department of revenue.
The said depar~ment of revenue, upon a finding by
same.' .that the. hcensee has failed to comply with any
prov1s10n of this chapter or any rule or regulation promulgated thereunder, shall, in the case of the first offender, suspend the license or licenses of the said
licensee for a period of not less than five nor more than
twenty consecutive business days, and, in the case of a
s.econd or plural _offender, shall suspend said license or
hce?-ses for a period of not less than twenty consecutive
busmess days nor more than twelve months, and, in the
Chapter 19.98
event the said department of revenue finds the offender
has been guilty of wilful and persistent violations, it
may revoke said person's license or licenses.
(3) Any person whose license or licenses have been so
revoked may apply to the department of revenue at the
expiration of one year for a reinstatement of his license
or licenses. Such license or licenses may be reinstated
by the department of revenue if it shall appear to the
satisfaction of said department of revenue that the licensee will comply with the provisions of this chapter
and the rules and regulations promulgated thereunder.
(4) No person whose license has been suspended or
revoked shall sell cigarettes or permit cigarettes to be
sold during the period of such suspension or revocation
on the premises occupied by him or upon other premises controlled by him or others or in any other manner
or form whatever.
(5) Any determination and order by the department
of revenue, and any order of suspension or revocation
by the department of revenue of the license or licenses,
or refusal to reinstate a license or licenses after revocation shaII be reviewable by an appeal to the superior
court of Thurston county in and for the state of
Washington. Said superior court shall review the order
or ruling of the department of revenue and may hear
the matter de novo, having due regard to the provisions
of this chapter, and the duties imposed upon the department of revenue. Said review by the superior court,
and any order entered thereon by said superior court,
shall be appealable under and by virtue of the procedural law of this state. [ 1975 1st ex.s. c 278 § 17; 1957 c
286 § 18.J
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 19.94
WEIGHTS AND MEASURES-1969 ACT
Sections
19.94.420
Fluid dairy products to be packaged for retail sale in
certain units.
19.94.420 Fluid dairy products to be packaged for retail sale in certain units. All fluid dairy products, including but not limited to whole milk, skimmed milk,
cultured milk, sweet cream, sour cream and buttermilk
and all fluid imitation and fluid substitute dairy products shall be packaged for retail sale only in units as
provided by the director of the department of agriculture by regulation pursuant to the provisions of chapter
34.04 RCW. (1975 lst ex.s. c 51 § I; 1969 c 67 § 42.}
Chapter 19.98
FARM IMPLEMENTS, MACHINERY, PARTS
Sections
19.98.010
19.98.020
19.98.030
19.98.040
19.98.900
Contracts between retailer and wholesaler-Cancellation-Repurchase payments for unsold merchandise-.-Amounts-Return--Application of
section.
Repurchase payments--Liens and claims.
Prices-How determined.
Failure or refusal to make payments--Civil action.
Effective date-1975 !st ex.s. c 277.
(1975 RCW Supp--p 191)
Chapter 19.98
19.98.910
Title 19:
Business Regulations--Miscellaneous
Severabiht)-1975 1st ex.s. c 277.
19.98.010 Con tracts between retailer and wholesaler--C ancellation--Repurchase payments for unsold
merchandise-Amounts--Return--Application of
section. Whenever any person, firm, or corporation engaged in the retail sale of farm implements and repair
parts therefor enters into a written contract with any
wholesaler, manufacturer. or distributor of farm implements, machinery. attachments, accessories, or repair
parts whereby such retailer agrees to maintain a stock
of parts or complete or whole machines, attachments, or
accessories, and either party to such contract desires to
cancel or discontinue the contract, unless the retailer
should desire to keep such merchandise the manufacturer, wholesaler, or distributor shall pay the retailer for
the merchandise. Such payment shall be in the amount
of one hundred percent of the net cost of all current
unused complete farm implements, machinery, attachments, and accessories, including transportation charges
paid by the retailer, and eighty-five percent of the current net prices on repair parts, including superseded
parts listed in current price lists or catalogs which parts
had previously been purchased from such wholesaler,
manufacturer, or distributor and held by such retailer
on the date of the cancellation or discontinuance of
such contract or thereafter received by such retailer
from the wholesaler, manufacturer, or distributor. The
wholesaler, manufacturer, or distributor shall also pay
such retailer a sum equal to five percent of the current
net price of all parts returned for the handling, packing,
and loading of such parts for return: Provided, That the
provisions of this section shall apply only to repair parts
which are new, unused, and in good condition. Upon
the payment of such amounts, the title to such farm
implements, farm machinery, attachments, accessories,
or repair parts, shall pass to the manufacturer, wholesaler, or distributor making such payment, and such
manufacturer, wholesaler, or distributor shall be entitled to the possession of such merchandise.
The provisions of this section shall apply to any annual part return adjustment agreement made between a
seller or retailer and a manufacturer, wholesaler, or
distributor.
The provisions of this section shall be supplemental
to any agreement between the retailer and the manufacturer, wholesaler, or distributor covering the return
of farm implements, machinery, attachments, accessories, and repair parts so that the retailer can elect to
pursue either his contract remedy or the remedy provided herein, and an election by the retailer to pursue
his contract remedy shall not bar his right to the remedy provided herein as to those farm implements, machinery, attachments, accessories, and repair parts not
affected by the contract remedy.
The provisions of this section shall apply to all contracts now in effect which have no expiration date and
are a continuing contract, and all other contracts entered into or renewed after January l, 1976. Any contract in force and effect on January 1, 1976, which by
its own terms will terminate on a date subsequent
thereto shall be governed by the law as it existed prior
(1975 RCW Supp----p 1921
to this chapter: Provided, That no contract covered hy
this chapter may be cancelled by any party withoti't
good cause. Good cause shall include, but shall not be
restricted to, the failure of any party to comply with the
lawful provisions of the contract, the adjudication of
any party to a contract as a bankrupt, wrongful refusal
of manufacturer, wholesaler, or distributor to supply
farm machinery, farm implements and repair parts
therefor. [ 1975 l st ex.s. c 277 § I.]
19.98.020
Repurchase payments--Liens and
claims. All repurchase payments to retailers and sellers
made pursuant to RCW 19.98.010 shall be less amounts
owed on any lien or claim then outstanding upon such
items covered by this section. Any wholesaler, manufacturer, or distributor making repurchase payments
covered by this chapter to any retailer or seller shall
satisfy such secured liens or claims pursuant to chapter
[article] 62A.9 RCW less any interest owed to the lienholder arising from the financing of such items which
shall be paid to any such secured lienholder by the retailer or seller. In no case shall the wholesaler, manufacturer, or distributor, in making payments covered by
RCW 19.98.010, pay in excess of those amounts prescribed therein. [1975 lst ex.s. c 277 § 2.]
19.98.030 Prices--How determined. The prices of
farm implements, machinery and repair parts therefor,
required to be paid to any retail dealer as provided in
RCW 19.98.010 shall be determined by taking one hundred percent of the net cost on farm implements, machinery, and attachments, and eighty-five percent of the
current net price of repair parts therefor as shown upon
the manufacturer's, wholesaler's, or distributor's price
lists or catalogues in effect at the time such contract is
canceled or discontinued. [1975 !st ex.s. c 277 § 3.]
19.98.040 Failure or refusal to make payments-Civil action. In the event that any manufacturer, wholesaler, or distributor of farm machinery, farm implements, and repair parts therefor, upon cancellation or
discontinuation of a contract by either a retailer or a
manufacturer, wholesaler, or distributor, fails or refuses
to make payment to such dealer as is required by RCW
19.98.010, such manufacturer, wholesaler, or distributor
shal~ be liable in a civil action to be brought by such
retailer for such payments as are required by RCW 19.98.010. [1975 lst ex.s c 277 § 4.]
19.98.900 Effective date--1975 1st ex.s. c 277.
This act shall take effect on January I, 1976. [ 1975 1st
ex.s. c 277 § 6.]
19.98.910 Severability--1975 1st ex.s. c 277. If
any provision of this act, or its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances is not affected. [ 1975 I st ex.s. c
277 § 7.]
Camping Clubs
Chapter 19.105
CAMPING CLUBS
Sections
19.105.045
19.105.120
19.105.210
19.105.220
19.105.230
19.105.240
19.105.250
19.105.260
19.105.270
Promotion and selling permit-Duration-Renewal-F ee-Conditions.
Selling membership in camping club for which promotion permit not in force prohibited-Exception.
Making false or misleading statements prohibited.
Violations-Penalty-Time limitation.
Violations-Referral to attorney general or prosecuting attorney-Action by director.
Punishment under other law not limited.
Investigations authorized-Publication of violations.
Investigations-Powers of director and superior
courts.
Violations-Cease and desist orders-Procedure-Injunctions.
. 19.105.045 Promotion and selling permit--Duration--Renewal--Fee--Conditions. A permit to
promote and sell camping club memberships shall be
effective for one year from the date it is issued. The
permit may be renewed for additional periods of one
ye_ar by_ the payment of a filing fee of fifty dollars and
filmg with ~he .director, no later than twenty days prior
to. t_he expir~tion thereof, a renewal application con~ai~mg such information as the director may require to
mdic~te an_y substantial changes from the information
contamed m the original application: Provided, That
the. director is .not authorized to impose additional mat~r~al substantI~e rules upon a permit holder as a conditi~n for the iss.uance of a renewal permit under this
sect10n. A_ permit t<: promote and sell camping club
memberships for which a renewal application has been.
regularly filed and the filing fee paid is renewed on the
anniversary date of its original issuance unless written
notice to the contrary has been mailed to the promoter
by the director three days prior to that anniversary
date. The director may require the filing of a revised
offering circular as a condition of renewal. Further, the
director may require the filing of current financial
statements within one hundred twenty days of the end
of the promoter's fiscal year.
Any permit to promote and sell camping club memberships issued prior to September 8, 1975 shall be subject to the renewal provisions of this section upon the
anniversary date of the issuance of the original permit.
[1975 lst ex.s. c 150 § 9.]
19.105.120 Selling membership in camping club for
which promotion permit not in force prohibited-Exception. It shall be unlawful for any person to sell or
offer to se~l ~ members_hip or an option to purchase a
membership m a campmg club for which a promotion
pe~-mit is n.ot currently in force unless the membership
bemg sold 1s held by a member for his own personal use
as a bona fide membership in the camping club. [1975
lst ex.s. c 150 § l; 1972 ex.s. c 106 § 12.]
19.105.210 Making false or misleading statements
prohibited. It is unlawful for any person to make or
cause to be made, in any document filed with the director or in any proceeding under this chapter, any
19.105.260
statement that is, at the time and in light of the circumstances under which it is made, false or misleading in
any material respect. [1975 lst ex.s. c 150 § 2.]
19.105.220 Violations--Penalty--Time limitation. Any person who wilfully violates any provisions of
this chapter or any rules or order under this chapter
commits a gross misdemeanor; but no person may be
convicted for the violation of any order if he proves
that he had no knowledge of the order. No indictment
or information may be returned under this chapter
more than five years after the alleged violation. [ 1975
lst ex.s. c 150 § 3.]
19.105.230 Violations--Referral to attorney general or prosecuting attorney--Action by director. The
director may refer such evidence as may be available
concerning violations of this chapter or of any rule or
order hereunder to the attorney general or the proper
prosecuting attorney who may in his discretion, with or
without such a reference, institute the appropriate civil
or criminal proceed~ngs under this chapter. [ 1975 l st
ex.s. c 150 § 4.]
19.105.240 Punishment under other law not limited.
Nothing in this chapter limits the power of the state to
punish any person for any conduct which constitutes a
crime by statute or at common law. [1975 1st ex.s. c 150
§ 5.]
19.105.250 Investigations authorized--Publication
of violations. The director in his discretion (1) may annually, or more frequently, make such public or private
investigations within or without this state as he deems
necessary to determine whether any registration should
be granted, denied or revoked or whether any person
has violated or is about to violate any provisions of this
chapter or any rule or order hereunder, or to aid in the
enforcement of this chapter or in the prescribing of
rules and forms hereunder and (2) may publish information concerning any violation of this chapter or any
rule or order hereunder. [1975 lst ex.s. c 150 § 6.]
19.105.260 Investigations--Powers of director and
superior courts. For the purpose of any investigation or
proceeding under this chapter, the director or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any books,
papers, correspondence, memoranda, agreements, or
other documents or records which the director deems
relevant or material to the inquiry.
In case of disobedience on the part of any person to
comply with any subpoena lawfully issued by the director, or on the. refusa~ of any witness to testify to any
matters rega~dmg which he may be lawfully interrogated, the sup~no: court of a~y county or the judge thereof'. on apphca~10n of the d.irector, and after satisfactory
evidence o~ wilful d1sobed1ence, may compel obedience
by proceedmgs for contempt, as in the case of disobedience of the requirements of a subpoena issued from
(1975 RCW Supp--p 193)
19.105.260
Title 19:
Business Regulations--Miscellaneous
such a court on a refusal to testify therein. [ 1975 I st
ex.s. c 150 § 7.]
19.105.270 Violations--Cease and desist orders--Procedure--lnjunctions. Whenever it appears
to the director that any person has engaged or is about
to engage in any act or practice constituting a violation
of any provision of this chapter or any rule or order
hereunder. he may in his discretion:
( 1) Issue an order directing the person to cease and
desist from continuing the act or practice: Provided,
That reasonable notice of and opportunity for a hearing
shall be given: Provided, further, That the director may
issue a temporary order pending the hearing which shall
be effective upon delivery to the person affected and
which shall remain in effect until ten days after the
hearing is held and which shall become final if the person to whom notice is addressed does not request a
hearing within fifteen days after receipt of notice; or
(2) The director may without issuing a cease and desist order, bring an action in any court of competent
jurisdiction to enjoin any such acts or practices and to
enforce compliance with this chapter or any rule or order hereunder. Upon a proper showing a permanent or
temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator
may be appointed for the defendant or the defendant's
assets. The director may not be required to post a bond.
[1975 !st ex.s. c 150 § 8.]
Title 20
COMMISSION MERCHANTSAGRICULTURAL PRODUCTS
Chapters
20.01 Agricultural products--Commission merchants, dealers, brokers, buyers, agents.
such processed agricultural crops on behalf of the
grower or its own behalf, said association or federation
shall be subject to the provisions of RCW 20.01.500
through 20.01.560 and the license provision of this
chapter excluding bonding provisions: Provided further,
That none of the foregoing exemptions in this subsection shall apply to any such cooperative or federation
dealing in or handling grain in any manner, and not licensed under the provisions of chapter 22.09 RCW.
(2) Any person who sells exclusively his own agricultural products as the producer thereof.
(3) Any public livestock market operating under a
bond required by law or a bond required by the United
States to secure the performance of such public livestock market's obligation.
(4) Any retail merchant having bona fide fixed or
permanent place of business in this state.
(5) Any person buying farm products for his own use
or consumption.
(6) Any warehouseman or grain dealer licensed under
the state grain warehouse act.
(7) Any nurseryman who is required to be licensed
under the horticultural laws of the state with respect to
his operations as such licensee.
(8) Any person licensed under the now existing dairy
laws of the state with respect to his operations as such
licensee.
(9) Any producer who purchases less than fifteen
percent of his volume to fill orders. [ 1975 I st ex.s. c 7 §
18; 1971 ex.s. c 182 § 2; 1969 ex.s. c 132 § I; 1967 c 240
§ 41; 1959 c 139 § 3.]
Title 21
SECURITIES AND INVESTMENTS
Chapters
21.20 Securities act of Washington.
Chapter 20.01
AGRICULTURAL PRODUCTS-COMMISSION
MERCHANTS, DEALERS, BROKERS, BUYERS,
AGENTS
Sections
20.01.030
Chapter 21.20
SECURITIES ACT OF WASHINGTON
Sections
DEFINITIONS
Exemptions.
21.20.005
20.01.030 Exemptions. This chapter does not apply
to:
(I) Any cooperative marketing associations or federations incorporated under, or whose articles of incorporation and bylaws are equivalent to, the requirements of
chapter 23.86 RCW or chapter 24.32 RCW, except as to
that portion of the activities of such association or federation as involves the handling or dealing in the agricultural products of nonmembers of such organization:
Provided, That such associations or federations may
purchase up to fifteen percent of their gross from nonmembers for the purpose of filling orders: Provided
further, That if such cooperative or association acts as a
processor as defined in RCW 20.01.500(2) and markets
11975 RCW Supp---p 1941
Definitions.
REGISTRATION OF BROKER-DEALERS, SALESMEN, AND
INVESTMENT ADVISERS, SALESMEN
21.20.040
Registration required--Exemptions.
21.20.050
Application for registration--Consent to service of
process.
21.20.070
When registration effective--Written examinations.
21.20.080
Duration of registration--Association with issuer, broker-dealer or investment adviser-Extension of licensing period.
21.20.090
Renewal of registration-Financial statement-Application for a successor.
21.20.110
Denial, suspension, revocation of registration-Grounds.
21.20.120
Denial, suspension, revocation of registration--Order-Request for, notice of hearing--Findings
and conclusions.
21.20.130
Cancellation of registration or application-Grounds.
Securities Act of Washington
21.20.140
21.20.150
21.20.230
REGISTRATION OF SECURITIES
Unlawful to offer or sell unregistered securities-Exceptions.
REGISTRATION BY NOTIFICATION
through 21.20.170 Repealed.
REGISTRATION BY QUALIFICATION
Time of taking effect of registration statement by qualifica tion--Conditions.
REGISTRATION OF RESTRICTED REAL ESTATE
SECURITIES
21.20.235
Restricted real estate securities--Registration under
section authorized--Definition--Limitation.
GENERAL PROVISIONS REGARDING REGISTRATION OF
SECURITIES
21.20.240
Registration statements--Generally.
21.20.260
Registration by coordination or qualification--Offer
and sale--Duration of effectiveness.
21.20.270
Reports by filer of statement--Fee--Annual financial statements.
DENIAL, SUSPENSION AND REVOCATION OF
REGISTRATION OF SECURITIES
21.20.280
Stop orders--Grounds.
21.20.310
21.20.320
21.20.325
21.20.330
21.20.335
21.20.340
EXEMPT SECURITIES
Securities exempt from registration.
EXEMPT TRANSACTIONS
Exempt transactions--Denial, revocation of certain
exemptions.
EXEMPT SECURITIES AND TRANSACTIONS
Denial, revocation, condition, of exemptions--Authority--Procedure.
CONSENT TO SERVICE OF PROCESS
Consent to service of process--Service, how made.
INTEREST
Interest charged by broker-dealers--Margin account
debit balances.
FEES
Fees--Disposition.
UNLAWFUL REPRESENTATIONS CONCERNING
REGISTRATION OR EXEMPTION
21.20.360
Filing, registration, statement, exemption not conclusive
as to truth or completeness--Unlawful
representations.
21.20.380
INVESTIGATIONS AND SUBPOENAS
Oaths--Subpoenas--Compelling obedience-Punishment.
21.20.390
INJUNCTIONS AND OTHER REMEDIES
Injunction, cease and desist order, restraining order,
mandamus--Appointment of receiver or conservator for insolvent--Restitution or damages.
21.20.430
CIVIL LIABILITIES
Civil liabilities--Survival, limitation of actions-Waiver of chapter void.
21.20.450
ADMINISTRATION OF CHAPTER
Administration of chapter--Rules and forms, publication--Cooperation with other state and federal
authorities.
DEFINITIONS
21.20.005 Definitions. When used in this chapter,
unless the context otherwise requires:
(I) "Director" means the *director of licenses of this
state.
21.20.005
(2) "Salesman" means any individual other than a
broker-dealer who represents a broker-dealer or issuer
in effecting or attempting to effect sales of securities,
but "salesman" does not include an individual who
represents an issuer in (a) effecting a transaction in a
security exempted by RCW 21.20.310(1), (2), (3), (4),
(9), or (I 0), (b) effecting transactions exempted by
RCW 21.20.320, or (c) effecting transactions with existing employees, partners, or directors of the issuer if no
commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state.
(3) "Broker-dealer" means any person engaged in the
business of effecting transactions in securities for the
account of others or for his own account. "Brokerdealer" does not include (a) a salesman, issuer, bank,
savings institution, or trust company, (b) a person who
has no place of business in this state if he effects transactions in this state exclusively with or through the issuers of the securities involved in the transactions. other
broker-dealers, or banks, savings institutions, trust
companies, insurance companies, investment companies
as defined in the investment company act of I 940, pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for
themselves or as trustees, or (c) a person who has no
place of business in this state if during any period of
twelve consecutive months he does not direct more than
fifteen offers to sell or to buy into this state in any
manner to persons other than those specified in subsection (b) above.
(4) "Guaranteed" means guaranteed as to payment of
principal, interest, or dividends.
(5) "Full business day" means all calendar days, excluding therefrom Saturdays, Sundays, and all legal
holidays, as defined by statute.
(6) "Investment adviser" means any person who, for
compensation, engages in the business of advising others, either directly or through publications or writings,
as to the value of securities or as to the advisability of
investing in, purchasing, or selling securities, or who,
for compensation and as a part of a regular business,
issues or promulgates analyses or reports concerning
securities. "Investment adviser" does not include (a) a
bank, savings institution, or trust company, (b) a lawyer, accountant, engineer, or teacher whose performance of these services is solely incidental to the
practice of his profession, (c) a broker-dealer, (d) a
publisher of any bona fide newspaper, news magazine,
or business or financial publication of general, regular,
and paid circulation, (e) a person whose advice, analyses, or reports relate only to securities exempted by
RCW 21.20.310(1), (f) a person who has no place of
business in this state if (i) his only clients in this state
are other investment advisers, broker-dealers, banks,
savings institutions, trust companies, insurance companies, investment companies as defined in the investment
company act of 1940, pension or profit-sharing trust, or
other financial institutions or institutional buyers,
whether acting for themselves or as trustees, or (ii) during any period of twelve consecutive months he does
not direct business communications into this state in
any manner to more than five clients other than those
11975 RCW Supp--p 1951
21.20.005
Title 21:
Securities and Investments
specified in clause (i) above, or (g) such other persons
not within the intent of this paragraph as the director
may by rule or order designate.
(7) "Issuer" means any person who issues or proposes
to issue any security, except that with respect to certificates of deposit. voting trust certificates, or collateraltrust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not
having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or
unit type; the term "issuer" means the person or persons performing the acts and assuming the duties of
depositor or manager pursuant to the provisions of the
trust or other agreement or instrument under which the
security is issued.
(8) "Nonissuer" means not directly or indirectly for
the benefit of the issuer.
(9) "Person" means an individual, a corporation, a
partnership, an association, a joint-stock company, a
trust where the interest of the beneficiaries are evidenced by a security, an unincorporated organization, a
government, or a political subdivision of a government.
(10) "Sale" or "sell" includes every contract of sale
of, contract to sell, or disposition of, a security or interest in a security for value. "Offer" or "offer to sell" includes every attempt or offer to dispose of, or
solicitation of an offer to buy, a security or interest in a
security for value.
Any security given or delivered with, or as a bonus
on account of, any purchase of securities or any other
thing is considered to constitute part of the subject of
the purchase and to have been offered and sold for value. A purported gift of assessable stock is considered to
involve an offer and sale. Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or
offer of a security which gives the holder a present or
future right or privilege to convert into another security
of the same or another issuer, is considered to include
an offer of the other security.
(11) "Securities Act of 1933", "Securities Exchange
Act of 1934", "Public Utility Holding Company Act of
1935", and "Investment Company Act of 1940" means
the federal statutes of those names as amended before
or after the **effective date of this chapter.
(12) "Security" means any note; stock; treasury
stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing
agreement; collateral-trust certificate; preorganization
certificate or subscription; transferable share; investment contract; voting-trust certificate; certificate of deposit for a security; certificate of interest or
participation in an oil, gas or mining title or lease or in
payments out of production under such a title or lease:
or. in general, any interest or instrument commonly
known as a "security", or any certificate of interest or
participation in, temporary or interim certificate for, receipt for. guarantee of, or warrant or right to subscribe
to or purchase, any of the foregoing: or any sale of or
indenture. bond or contract for the conveyance of land
(1975 RCW Supp--p 196)
or any interest therein where such land is situated outside of the state of Washington and such sale or its offering is not conducted by a real estate broker licensed
by the state of Washington. "Security" does not include
any insurance or endowment policy or annuity contract
under which an insurance company promises to pay
money either in a lump sum or periodically for life or
some other specified period.
(13) "State" means any state, territory, or possession
of the United States, as well as the District of Columbia
and Puerto Rico.
(14) "Investment adviser salesman" means a person
retained or employed by an investment adviser to solicit
clients or offer the services of the investment adviser or
manage the accounts of said clients. [ 197 5 1st ex.s. c 84
§I: 1967 c 199 § l; 1961 c 37 § l; 1959 c 282 § 60.]
Reviser's note: *(I) The powers, duties and functions of the director
and department of licenses were transferred to the director and department of motor vehicles by chapter 156, Laws of 1965 (chapter
46.01 RCW). Section 42 of chapter 170, Laws of 1965 ex.s. (RCW 43.24.024) provided for the delegation of powers, duties and functions
pertaining to administration of securities to the division of professional licensing of the department of motor vehicles.
These powers, duties and functions devolved to the business and
professional licensing administration of the department of motor vehicles by 1969 ex.s. c 281 § 34 (RCW 46.01.050).
**(2) The "effective date of this chapter" (1959 c 282) was midnight, June 10, 1959, see preface 1959 session laws.
REGISTRATION OF BROKER-DEALERS,
SALESMEN, AND INVESTMENT ADVISERS,
SALESMEN
21.20.040 Registration required--Exemptions. It is
unlawful for any person to transact business in this
state as a broker-dealer or salesman, except in transactions exempt under RCW 21.20.320, unless he is registered under this chapter: Provided, That an exemption
from registration as a broker-dealer or salesman to sell
or resell condominium units sold in conjunction with an
investment contract, may be provided by rule or regulation of the director as to persons who are licensed
pursuant to the provisions of chapter 18.85 RCW. It is
unlawful for any broker-dealer or issuer to employ a
salesman unless the salesman is registered or exempted
from registration. It is unlawful for any person to
transact business in this state as an investment adviser
unless (I) he is so registered under this chapter, or (2)
he is registered as a broker-dealer under this chapter, or
(3) his only clients in this state are investment companies as defined in the Investment Company Act of 1940,
or insurance companies. It is unlawful for any person to
transact business in this state as an investment adviser
salesman or for any investment adviser to employ an
investment adviser salesman unless such person is registered. [ 1975 I st ex.s. c 84 § 2; 1974 ex.s. c 77 § I; 1959
c 282 § 4.]
Effective date--1974 ex.s. c 77: "This 1974 amendatory act shall
take effect on July I, 1974." (1974 ex.s. c 77 § 14.] This applies to
RCW 21.20.040, 21.20.070, 21.20.135, 21.20.230, 21.20.260, 21.20.275,
21.20.320, 21.20.325, 21.20.340, 21.20.380, 21.20.390, 21.20.430, and
21.20.435.
Insurance, solicitation permits for sale of securities: RCW 48.06.090.
Securities Act of Washington
21.20.050 Application for registration--Consent to
service of process. A broker-dealer, salesman, investment adviser, or investment adviser salesman may apply for registration by filing with the director an
application together with a consent to service of process
in such form as the director shall prescribe and payment of the fee prescribed in RCW 21.20.340. [ 1975 1st
ex.s. c 84 § 3; 1961c37 § 2; 1959 c 282 § 5.)
21.20.070 When registration effective--Written
examinations. If no denial order is in effect and no proceeding is pending under RCW 21.20.110, registration
becomes effective when the applicant has successfully
passed the written examination required under this section or satisfactorily demonstrated that he is exempt
from the written examination requirements of this section. The director shall require as a condition of registration that the applicant (and, in the case of a
corpora ti on or partnership, all officers, directors or
partners doing securities business in this state) pass a
written examination as evidence of knowledge of the
securities business: Provided, That not more than two
officers of an issuer or two individual general partners
or two officers of a corporate general partner may be
registered as a salesman for a particular original offering of the issuer's securities without being required to
pass such written examination: And provided further,
That no such person may again register within five
years as such salesman for this or any other issuer
without passing the written examination. Such examination shall be given twice a year or at such more frequent intervals as the advisory committee shall direct.
Any applicant for registration as a salesman who has
successfully passed, within the preceding five years, a
salesman examination by a national securities association registered under the Securities and Exchange Act
of 1934, (15 U.S.C. Sec. 78-a-78jj), and since the passage of such examination, has been employed by broker-dealers, who were at the time of said employment
members of such an association or duly licensed in accordance with this chapter, are exempt from the written
examination requirements of this section, unless otherwise provided by rule or order of the director. [ 1975 1st
ex.s. c 84 § 4; 1974 ex.s. c 77 § 2; 1959 c 282 § 7.]
Effective date--1974 ex.s. c 77: See note following RCW
21.20.040.
21.20.080 Duration of registration--Association
with issuer, broker-dealer or investment adviser--Extension of licensing period. Registration of a brokerdealer, salesman, investment adviser salesman, or investment adviser shall be effective until March 1st of
the following year and may be renewed as hereinafter
provided. The registration of a salesman or investment
adviser salesman is not effective during any period
when the salesman is not associated with an issuer or a
registered broker-dealer or when the investment adviser
salesman is not associated with a registered investment
adviser. To be associated with an issuer broker-dealer
or .investme:°t adviser within the meaning of this section
wntten notice must be given to the director. When a
salesman begins or terminates an association with an
21.20.110
issuer or registered broker-dealer, the salesman and the
issuer or broker-dealer shall promptly notify the director. When an investment adviser salesman begins or
terminates an association with a registered investment
adviser, the investment adviser salesman and registered
investment adviser shall promptly notify the director.
Notwithstanding any provision of law to the contrary, the director may, from time to time, extend the
duration of a licensing period for the purpose of staggering renewal periods. Such extension of a licensing
period shall be by rule or regulation adopted in accordance with the provisions of chapter 34.04 RCW. Such
rules and regulations may provide a method for imposing and collecting such additional proportional fee as
may be required for the extended period. [1975 1st ex.s.
c 84 § 5; 1959 c 282 § 8.)
21.20.090 Renewal of registration--Financial
statement--Application for a successor. Registration
of a broker-dealer, salesman, investment adviser salesman, or investment adviser may be renewed by filing
with the director prior to the expiration thereof an application containing such information as the director
may require to indicate any material change in the information contained in the original application or any
renewal application for registration as a broker-dealer,
salesman, investment adviser salesman, or investment
adviser filed with the director by the applicant, payment
of the prescribed fee, and, in the case of a brokerdealer, a financial statement showing the financial condition of such broker-dealer as of a date within ninety
days. A registered broker-dealer or investment adviser
may file an application for registration of a successor,
and the administrator may at his discretion grant or
deny the application. [1975 1st ex.s. c 84 § 6; 1961 c 37
§ 3; 1959 c 282 § 9.]
21.20.110 Denial, suspension, revocation of registration--Grounds. The director may by order deny, suspend, or revoke registration of any broker-dealer,
salesman, investment adviser salesman, or investment
adviser if he finds that the order is in the public interest
and that the applicant or registrant or, in the case of a
broker-dealer or investment adviser, any partner, officer, or director:
(I) Has filed an application for registration under this
section which, as of its effective date, or as of any date
after filing in the case of an order denying effectiveness,
was incomplete in any material respect or contained
any statement which was, in the light of the circumstances under which tt was made, false, or misleading
with respect to any material fact;
(2) Has wilfully violated or wilfully failed to comply
with any provision of this chapter or a predecessor act
or any rule or order under this chapter or a predecessor
act;
(3) J:Ias been convicted, within the past five years, of
any m1sd~~eanor. involving a security or any aspect of
the ~ecunties busmess, or any felony involving moral
turpitude;
(4) Is permanently_ o~ t~mporarily enjoined by any
court of competent JUnsd1ctton from engaging in or
(1975 Rew Supp--p 1971
21.20.110
Title 21:
Securities and Investments
continuing any conduct or practice in\'olving any aspect
of the securities business:
(5) Is the subject of an order of the director denying,
suspending. or revoking registration as a broker-dealer,
salesman. investment adviser, or investment adviser
salesman:
(6) Is the subject of an order entered within the past
fi\'e years by the securities administrator of any other
state or by the federal securities and exchange commission denying or revoking registration as a broker-dealer
or salesman. or the substantial equivalent of those terms
as defined in this chapter, or is the subject of an order
of the federal securities and exchange commission suspending or expelling him from a national securities exchange or national securities association registered
under the securities exchange act of 1934, or is the subject of a United States post office fraud order; but (a)
the director may not institute a revocation or suspension proceeding under this clause more than one year
from the date of the order relied on, and (b) he may not
enter any order under this clause on the basis of an order unless that order was based on facts which would
currently constitute a ground for an order under this
section:
(7) Has engaged in dishonest or unethical practices in
the securities business;
(8) Is insolvent, either in the sense that his liabilities
exceed his assets or in the sense that he cannot meet his
obligations as they mature; but the director may not
enter an order against a broker-dealer or investment
adviser under this clause without a finding of insolvency
as to the broker-dealer or investment adviser; or
(9) Has not complied with a condition imposed by
the director under RCW 21.20.100, or is not qualified
on the basis of such factors as training, experience, or
knowledge of the securities business; or
( 10) The director may by order summarily postpone
or suspend registration pending final determination of
any proceeding under this section. [1975 1st ex.s. c 84 §
7; 1965 c 17 § 2; 1959 c 282 § 11.]
21.20.120 Denial, suspension, revocation of registration--Order--Request for, notice of hearing-Findings and conclusions. Upon the entry of an order
under RCW 21.20.110, the director shall promptly notify the applicant or registrant, as well as the employer or
prospective employer if the applicant or registrant is a
salesman or investment adviser salesman, that it has
been entered and of the reasons therefor and that if requested by the applicant or registrant within fifteen
days after the receipt of the director's notification the
matter will be promptly set down for hearing. If no
hearing is requested and none is ordered by the director, the order will remain in effect until it is modified or
vacated by the director. If a hearing is requested or ordered. the director, after notice of and opportunity for
hearing, may modify or vacate the order or extend it
until final determination. No order may be entered under RCW 21.20.110 denying or revoking registration
without appropriate prior notice to the applicant or
registrant (as well as the employer or prospective employer if the applicant or registrant is a salesman or an
(1975 RCW Supp--p 198(
investment adviser salesman), opportunity for hearine.
and written findings of fact and conclusions of law.
[1975 1st ex.s. c 84 § 8: 1959 c 282 § 12.]
21.20.130 Cancellation of registration or application--Grounds. If the director finds that any registrant or applicant for registration is no longer in
existence or has ceased to do business as a brokerdealer, investment adviser, investment adviser salesman.
or salesman, or is subject to an adjudication of mental
incompetence or to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, the director may by order cancel the
registration or application. [ 1975 1st ex.s. c 84 § 9: 1959
c 282 § 13.]
REGISTRATION OF SECURITIES
21.20.140 Unlawful to offer or sell unregistered securities--Exceptions. It is unlawful for any person to
offer or sell any security in this state, except securities
exempt under RCW 21.20.310 or when sold in transactions exempt under RCW 21.20.320, unless such security is registered by coordination or qualification under
this chapter. [ 1975 1st ex.s. c 84 § 10; 1959 c 282 § 14.]
REGISTRATION BY NOTIFICATION
21.20.150 through 21.20.170 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
REGISTRATION BY QUALIFICATION
21.20.230 Time of taking effect of registration statement by qualification--Conditions. A registration
statement by qualification under RCW 21.20.210 becomes effective if no stop order is in effect and no proceeding is pending under RCW 21.20.280 and
21.20.300, at three o'clock Pacific standard time in the
afternoon of the fifteenth full business day after the filing of the registration statement or the last amendment,
or at such earlier time as the director determines. The
director may require as a condition of registration under this section that a prospectus containing any information necessary for complete disclosure of any
material fact relating to the security offering be sent or
given to each person to whom an offer is made before
or concurrently with (1) the first written offer made to
him (other than by means of a public advertisement) by
or for the account of the issuer or any other person on
whose behalf the offering is being made, or by any underwriter or broker-dealer who is offering part of an
unsold allotment or subscription taken by him as a
participant in the distribution, (2) the confirmation of
any sale made by or for the account of any such person,
(3) payment pursuant to any such sale, or (4) delivery of
the security pursuant to any such sale, whichever first
occurs; but the director may accept for use under any
Securities Act of Washington
such requirement a current pr~spectus or offering circular regarding the same secunt1es filed under the Securities Act of 1933 or regulations thereunder. [ 1975 I st
ex.s.c84§ 11: 1974ex.s.c77§4; 196lc37§6; 1959c
282 § 23.]
Effective date-1974 ex.s. c 77: See note following RCW
21.20.040.
REGISTRATION OF RESTRICTED REAL ESTATE
SECURITIES
21.20.235 Restricted real estate securities--Registration under section authorized--Definition--Limitat ion. (1) The following restricted real estate securities
may be registered under this section even though they
are eligible for registration under. other provision~ .of
this chapter. The rules and regulations of the secunt1es
division shall be applicable to offerings registered under
this section.
(2) Restricted real estate securities are hereby defined
and limited as follows:
(a) An offering of a security involving any interest in
a limited partnership, general partnership, joint venture,
or unincorporated association (but not a corporation)
which invests in specific real property known to the investor at the time of the investment.
(b) The person selling such securities is a licensed real
estate broker, associate real estate broker, or real estate
salesman duly licensed with the Washington real estate
division, or a securities salesman or securities brokerdealer duly licensed with the Washington securities division, and has demonstrated a knowledge of the field
of real estate securities by passing an examination as
required by the director.
(c) Such securities are purchased by not more than
thirty-five persons. An interest purchased by husband
and wife shall be considered purchased by one person.
(d) In connection with the offering of such securities,
public advertisements, meetings, seminars, or other
means of public solicitation may not be employed unless such advertising contains a reference to the fact
that these are restricted real estate securities and are
filed with the securities division and are not disallowed
in accordance with the rules and regulations of the securities division. The conducting of lectures or classes
in any established public or private school shall not be
deemed to constitute a means of public solicitation.
(3) Offerings of restricted real estate securities shall
be registered on a form prescribed by the director. Said
form shall be filed with the securities division by the
selling real estate broker prior to any offer of solicitation to purchase such securities, and a copy of such
completed form as filed shall be given by the registrant
to each person to whom an offer is made before or
concurrently with (a) the first written offer made to him
(other than by means of a public advertisement), (b) the
confirmation of any sale made, (c) payment pursuant to
any such sale, or (d) delivery of the security pursuant to
any such sale, whichever occurs first.
(4) The selling real estate broker under subsection (3)
must, at the completion of the offering, file a report
21.20.270
with the securities division which contains a list of the
security holders, their addresses, and the dollar amounts
purchased.
.
.
(5) A registration under subsections (1) to_ (3) of this
section becomes effective if no stop order is m effect
and no proceeding is pending under RCW 21.~0.2~0
and 2 J.20.300 at three o'clock Pacific standard time m
the afternoon of the fifteenth full business day after the
filing of the registration statement ~r the last am~nd­
ment, or at such earlier time as the director determmes.
[1975 !st ex.s. c 84 § 27.]
GENERAL PROVISIONS REGARDING
REGISTRATION OF SECURITIES
21.20.240 Registration statements--Generally. A
registration statement may be filed by the issuer, any
other person on whose behalf the off~ring is to be made,
or a registered broker-dealer. The d1recto~ may b~ rule
or otherwise permit the omission of any item of mformation or document from any registration statement.
[1975 !st ex.s. c 84 § 12; 1959 c 282 § 24.]
21.20.260 Registration by coordination or qualification--Offer and sale--Duration of effectiveness.
When securities are registered by coordination or qualification, they may be offered and sold by the issuer, any
other person on whose behalf they are register_ed or_ by
any registered broker-dealer or any person actmg within the exemption provided in RCW 21.20.040. Every
registration shall remain effective until i~s expi:ation
date or until revoked by the director or until terminated
upon request of the registrant with the consent of the
director. All outstanding securities of the same class as
a registered security are considered to be registered for
the purpose of any nonissuer transaction. [ 1975 l st ex.s.
c 84 § 13; 1974 ex.s. c 77 § 5; 1959 c 282 § 26.]
Effective date-1974 ex.s. c 77: See note following RCW
21.20.040.
21.20.270 Reports by filer of statement--FeeAnnual financial statements. (l) The director may require the person who filed the registration statement to
file reports, not more often than quarterly to keep reasonably current the information contained in the registration statement and to disclose the progress of the
offering with respect to registered securities which (a)
are issued by a face-amount certificate company or a
redeemable security issued by an open-end management company or unit investment trust as those terms
are defined in the investment company act of 1940, or
(b) are being offered and sold directly by or for the account of the issuer. A ten dollar fee shall accompany
each such report.
(2) During the period of public offering of securities
registered under the provisions of this chapter by qualification financial data or statements corresponding to
those required under the provisions of RCW 2 I .20.21 O
and to the issuer's fiscal year shall be filed with the director annually, not more than one hundred twenty
days after the end of each such year. Such statements at
the discretion of the director or administrator shall be
[1975 RCW Supp---p 199)
21.20.270
Title 21:
Securities and Investments
certified by a certified public accountant who is not an
empk1; ee of the issuer. and the director may verify
them by examining the issuer's books and records. The
certificate of such independent certified public accountant shall be based upon an audit of not less in scope or
procedures followed than that which independent public accountants would ordinarily make for the purpose
of presenting comprehensive and dependable financial
statements. and shall contain such information as the
director may prescribe. by rules and regulations in the
public interest or for the protection of investors, as to
the nature and scope of the audit and the findings and
opinions of the accountants. Each such report shall
state that such independent certified public accountant
has verified securities owned, either by actual examination. or by receipt of a certificate from the custodian, as
the director may prescribe by rules and regulations.
[1975 1st ex.s. c 84 § 14; 1965 c 17 § 3; 1961 c 37 § 7;
1959 c 282 § 27.]
DENIAL, SUSPENSION AND REVOCATION OF
REGISTRATION OF SECURITIES
21.20.280 Stop orders--Grounds. The director
may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration statement if he finds that the order is in the public
interest and that:
(I) The registration statement as of its effective date
or as of any earlier date in the case of an order denying
effectiveness, is incomplete in any material respect or
contains any statement which was, in the light of the
circumstances under which it was made, false or misleading with respect to any material fact;
(2) Any provision of this chapter or any rule, order,
or condition lawfully imposed under this chapter has
been wilfully violated, in connection with the offering
by (a) the person filing the registration statement, (b)
the issuer, any partner, officer, or director of the issuer,
any person occupying a similar status or performing
similar functions, or any person directly or indirectly
controlling or controlled by the issuer, but only if the
person filing the registration statement is directly or indirectly controlled by or acting for the issuer, or (c) any
underwriter;
(3) The security registered or sought to be registered
is the subject of a permanent or temporary injunction
of any court of competent jurisdiction entered under
any other federal or state act applicable to the offering;
but (a) the director may not institute a proceeding
against an effective registration statement under this
clause more than one year from the date of the injunction relief on. and (b) he may not enter an order under
this clause on the basis of an injunction entered under
any other state act unless that order or injunction was
based on facts which would currently constitute a
ground for a stop order under this section;
(4) The issuer's enterprise or method of business includes or would include activities which are illegal
where performed;
(5) The offering has worked or tended to work a
fraud upon purchasers or would so operate;
(1975 RCW Supp--p 2001
(6) When a security is sought to be registered by coordination, there has been a failure to comply with the
undertaking required by RCW 21.20.180(7). or
(7) The applicant or registrant has failed to pay the
proper registration fee; but the director may enter only
a denial order under this subsection and he shall vacate
any such order when the deficiency has been corrected;
(8) The offering has been or would be made with unreasonable amounts of underwriters' and sellers' discounts, commissions, or compensation or promoters'
profits or participation, or unreasonable amounts or
kinds of options. [ 1975 1st ex.s. c 84 § 15; 1959 c 282 §
28.]
EXEMPT SECURITIES
21.20.310 Securities exempt from registration. RCW
21.20.140 through 21.20.300, inclusive, shall not apply
to any of the following securities:
(1) Any security (including a revenue obligation) issued or guaranteed by the United States, any state, any
political subdivision of a state, or any agency or corporate or other instrumentality of one or more of the
foregoing; or any certificate of deposit for any of the
foregoing.
(2) Any security issued or guaranteed by Canada, any
Canadian province, any political subdivision of any
such province, any agency or corporate or other instrumentality of one or more of the foregoing, or any other
foreign government with which the United States currently maintains diplomatic relations, if the security is
recognized as a valid obligation by the issuer or
guarantor.
(3) Any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States, or any bank
or trust company organized or supervised under the
laws of any state.
(4) Any security issued by and representing an interest in or a debt of, or guaranteed by, any federal savings and loan association, or any building and loan or
similar association organized under the laws of any
state and authorized to do business in this state.
(5) Any security issued by and representing an interest in or a debt of, or guaranteed by, any insurance
company organized under the laws of this state and authorized to do and actually doing business in this state.
(6) Any security issued or guaranteed by any federal
credit union or any credit union, industrial loan association, or similar association organized and supervised
under the laws of this state.
(7) Any security issued or guaranteed by any railroad, other common carrier, public utility, or holding
company which is (a) subject to the jurisdiction of the
interstate commerce commission; (b) a registered holding company under the public utility holding company
act of 1935 or a subsidiary of such a company within
the meaning of that act; (c) regulated in respect of its
rates and charges by a governmental authority of the
United States or any state or municipality; or (d) regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States,
Securities Act of Washington
any state, Canada, or any Canadian province; also
equipment trust certificates in respect of equipment
conditionally sold or leased to a railroad or public utility, if other securities issued by such railroad or public
utility would be exempt under this subsection.
(8) Any security listed or approved for listing upon
notice of issuance on the New York stock exchange, the
American stock exchange, the Midwest stock exchange,
the Spokane stock exchange or any other stock exchange registered with the federal securities and exchange commission and approved by the director; any
other security of the same issuer which is of senior or
substantially equal rank; any security called for by
subscription rights or warrants so listed or approved; or
any warrant or right to purchase or subscribe to any of
the foregoing. The director shall have power at any time
by written order to withdraw the exemption so granted
as to any particular security.
(9) Any commercial paper which arises out of a current transaction or the proceeds of which have been or
are to be used for current transaction, and which evidences an obligation to pay cash within nine months of
the date of issuance, exclusive of days of grace, or any
renewal of such paper which is likewise limited, or any
guarantee of such paper or of any such renewal, when
such co1!1mercial paper is sold to the banks or insurance
comparnes.
( 10) Any investment contract issued in connection
with an employee's stock purchase, savings, pension,
profit-sharing, or similar benefit plan if the director is
notified in writing thirty days before the inception of
the plan or, with respect to plans which are in effect on
the *effective date of this chapter, within sixty days
thereafter (or within thirty days before they are reopened if they are closed on the effective date of this
chapter). [1975 1st ex.s. c 84 § 16; 1959 c 282 § 31.)
*Reviser's note: The "effective date of this chapter" was midnight
June 10, 1959, see preface 1959 session laws.
EXEMPT TRANSACTIONS
21.20.320 Exempt transactions--Denial, revocation
of certain exemptions. Except as hereinafter in this section expressly provided, RCW 21.20.040, 21.20.050, 21.20.060, 41.20.070, 21.20.080, 21.20.090, 21.20.100,
21.20. I 10, 21.20. I 20, 21.20. I 30, 21.20. I 35, 21.20. I 40, 21.20. 180, 21.20. I 90, 2 I .20.200, 2 I .20.2 I 0, 2 I .20.220, 21.20.230, 21.20.240, 2 I .20.250, 2 I .20.260, 2 I .20.270,
2 I .20.280, 2 I .20.290 and 2 I .20.300, shall not apply to
any of the following transactions:
(I) Any isolated transaction, or sales not involving a
public offering, whether effected through a brokerdealer or not.
(2) Any nonissuer distribution of an outstanding security by a registered broker-dealer if (a) a recognized
securities manual contains the names of the issuer's officers and directors, a balance sheet of the issuer as of a
date within eighteen months, and a profit and loss
statement for either the fiscal year preceding that date
or the most recent year of operations, or (b) the security
21.20.320
has a fixed maturity or a fixed interest or dividend provision and there has been no default during the current
fiscal year or within the three preceding fiscal years, or
during the existence of the issuer and any predecessors
if less than three years, in the payment of principal, interest, or dividends on the security.
(3) Any nonissuer transaction effected by or through
a registered broker-dealer pursuant to an unsolicited
order or offer to buy; but the director may by rule require that the customer acknowledge upon a specified
form that the sale was unsolicited, and that a signed
copy of each such form be preserved by the brokerdealer for a specified period.
(4) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters.
(5) Any transaction in a bond or other evidence of
indebtedness secured by a real or chattel mortgage or
deed of trust, or by an agreement for the sale of real
estate or chattels, if the entire mortgage, deed of trust,
or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and
sold as a unit.
(6) Any transaction by an executor, administrator,
sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator.
(7) Any transaction executed by a bona fide pledgee
without any purpose of evading this chapter.
(8) Any offer or sale to a bank, savings institution,
trust company, insurance company, investment company as defined in the Investment Company Act of 1940,
pension or profit-sharing trust, or other financial institution or institutional buyer, or to a broker-dealer,
whether the purchaser is acting for itself or in some fiduciary capacity.
(9) Any transaction pursuant to offers directed by the
issuer or the issuer's representative to offerees in this
state: Provided, That:
(a) The seller reasonably believes that all the buyers
are purchasing for investments and for their respective
accounts, and
(b) No public or general solicitation is utilized in said
offers or sales. and
(c) No commission or other remuneration is paid or
given directly or indirectly for soliciting any prospective
buyer, and
(d) The number of sales by any issuer does not exceed ten individuals in twelve consecutive months and
does not exceed an aggregate amount of one hundred
thousand dollars, and
(e) The issuer first files a notice specifying the terms
of the offer as the director may prescribe by rules and
regulations and the director does not by order disallow
the exemption within the next ten full business days,
and
(f) For_ the purpose of this exemption, if a limited
partnership form of b~si~ess is used, the general partner
and not the partnership is deemed to be the issuer, and
_(g) The issuer submits a list of security holders within
thirty days aft~r the en~ of each fiscal year it has operated under this exemption. Failure to file such report
(1975 RCW Supp--p 201(
21.20.320
Title 21:
Securities and Investments
will not subject the issuer to retroactive loss of this exemption but will result in loss of this exemption during
the period the list of security holders is due and not
filed.
( 10) Any offer or sale of a preorganization certificate
or subscription if (a) no commission or other remuneration is paid or given directly or indirectly for soliciting
an; prospective subscriber, (b) the number of subscribers does not exceed ten, and (c) no payment is made by
any subscriber.
(11) Any transaction pursuant to an offer to existing
security holders of the issuer, including persons who at
the time of the transaction are holders of convertible
securities, nontransferable warrants. or transferable
warrants exercisable within not more than ninety days
of their issuance. if (a) no commission or other remuneration (other than a standby commission) is paid or
given directly or indirectly for soliciting any security
holder in this state, or (b) the issuer first files a notice
specifying the terms of the offer and the director does
not by order disallow the exemption within the next five
full business days.
( 12) Any offer (but not a sale) of a security for which
registration statements have been filed under both this
chapter and the Securities Act of 1933 if no stop order
or refusal order is in effect and no public proceeding or
examination looking toward such an order is pending
under either act.
( 13) The issuance of any stock dividend, whether the
corporation distributing the dividend is the issuer of the
stock or not. if nothing of value is given by stockholders
for the distribution other than the surrender of a right
to a cash dividend where the stockholder can elect to
take a dividend in cash or stock.
( 14) Any transaction incident to a right o~ conversion
or a statutory or judicially approved reclassification, reca pi taliza ti on, reorganization, quasi reorganization,
stock split, reverse stock split, merger, consolidation or
sale of assets.
(15) The offer or sale by a registered broker-dealer,
or a person exempted from the registration requirements pursuant to RCW 21.20.040, acting either as
principal or agent, of securities previously sold and distributed to the public: Provided, That:
(a) Such securities are sold at prices reasonably related to the current market price thereof at the time of
sale, and, if such broker-dealer is acting as agent, the
commission collected by such broker-dealer on account
of the sale thereof is not in excess of usual and customary commissions collected with respect to. se_curities and
transactions having comparable charactenst1cs;
(b) Such securities do not constitute the whole or a
part of an unsold allotment to or subscription ~r participation b; such broker-dealer as an underwnter of
such securities or as a participant in the distribution of
such securities by the issuer, by an underwriter or by a
person or group of perso_ns in subs~antial control of ~he
issuer or of the outstanding secunlles of the class bemg
distributed; and
(c) The security has been lawfully sold and distributed in this state or any other state of the United States
11975 RCW Supp--p 2021
under this or any act regulating the sale of such
securities.
(16) Any transactions by a mutual or _cooper_ative association issuing to its patrons any receipt, wntten notice, certificate of indebtedness or stock for a patronage
dividend, or for contributions to capital by such patrons
in the association provided that any such recei~t, written notice or certificate made pursuant to this paragraph shall be nontransferable except in the case _of
death or by operation of law and shall so state conspicuously on its face.
The director may by order deny or revoke the exemption specified in subsection (2) of this section with
respect to a specific security. Upon the _entry of s~ch an
order, the director shall promptly nollfy all registered
broker-dealers that it has been entered and of the reasons therefor and that within fifteen days of the receipt
of a written request the matter will be set down for
hearing. If no hearing is requested and none is ordered
by the director, the order will remain in effect ~nti~ it is
modified or vacated by the director. If a heanng 1s requested or ordered, the director, after notice of an opportunity for hearing to all interested persons, may
modify or vacate the order or extend it until final determination. No order under this subsection may operate retroactively. No person may be considered to have
violated this chapter by reason of any offer or sale effected after the entry of an order under this subsection
if he sustains the burden of proof that he did not know,
and in the exercise of reasonable care could not have
known of the order. In any proceeding under this
chapter, the burden of proving an exemption from a
definition is upon the person claiming it. [ 1975 1st ex.s.
c 84 § 17; 1974 ex.s. c 77 § 6; 1972 ex.s. c 79 §I; 1961 c
37 § 8; 1959 c 282 § 32.]
Effective date--1974 ex.s. c 77: See note following RCW
21.20.040.
EXEMPT SECURITIES AND TRANSACTIONS
21.20.325 Denial, revocation, condition, of exemptions--Authority--Procedure. The director or administrator may by order deny, revoke, or condition
any exemption specified in subsection (10) of RCW 21.20.310 or in RCW 21.20.320 with respect to a specific
security or transaction. No such order may be entered
without appropriate prior notice to all interested parties,
opportunity for hearing, and written findings of fact
and conclusions of law, except that the director or administrator may by order summarily deny, revoke, or
condition any of the specified exemptions pending final
determination of any proceeding under this section.
Upon the entry of a summary order, the director or administrator shall promptly notify all interested parties
that it has been entered and of the reasons therefor and
that within fifteen days of the receipt of a written request the matter will be set down for hearing. If no
hearing is requested and none is ordered by the director
or administrator, the order will remain in effect until it
is modified or vacated by the director or administrator.
21.20.340
Securities Act of Washington
If a hearing is requested or ordered, the director or administrator, after notice of and opportunity for hearing
to all interested persons, may modify or vacate the order or extend it until final determination. No order under this section may operate retroactively. No person
may be considered to have violated RCW 21.20.140 as
now or hereafter amended by reason of any offer or
sale effected after the entry of an order under this section if he sustains the burden of proof that he did not
know, and in the exercise of reasonable care could not
have known, of the order. [1975 1st ex.s. c 84 § 18; 1974
ex.s. c 77 § 7; 1967 c 199 § 3.]
Effective date-1974 ex.s. c 77: See note following RCW
21.20.040.
CONSENT TO SERVICE OF PROCESS
21.20.330 Consent to service of process--Service,
how made. Every applicant for registration as a brokerdealer, investment adviser, investment adviser salesman,
or salesman under this chapter and every issuer which
proposes to offer a security in this state through any
person acting on an agency basis in the common law
sense shall file with the director, in such form as he by
rule prescribes, an irrevocable consent appointing the
director or his successor in office to be the attorney of
the applicant to receive service of any lawful process in
any noncriminal suit, action, or proceeding against the
applicant or it or his successor, executor or administrator which arises under this chapter or any rule or order
hereunder after the consent has been filed, with the
same force and validity as if served personally on the
person filing the consent. A person who has filed such a
consent in connection with a previous registration need
not file another. Service may be made by leaving a copy
of the process in the office of the director, but it is not
effective unless (1) the plaintiff, who may be the director in a suit, action, or proceeding instituted by him,
forthwith sends notice of the service and a copy of the
process by registered mail to the defendant or respondent at it or his last address on file with the director,
and (2) the plaintiff's affidavit of compliance with this
section is filed in the case on or before the return day of
the process, if any, or within such further time as the
court allows. [1975 1st ex.s. c 84 § 19; 1959 c 282 § 33.]
INTEREST
21.20.335 Interest charged by broker-dealers-Margin account debit balances. The interest charged by
any broker-dealer registered under this chapter and
under the Federal Securities Exchange Act of 1934, as
amended, with respect to a margin account debit balance which is subject to Regulation T of the Board of
Governors of the Federal Reserve System and which
~ccount may be paid in full at the will of the customer,
shall not, regardless of whether the customer is a resident or a nonresident of, or the written agreement providing for such interest charge is entered into within or
without, the state of Washington, be subject to the limitations imposed by chapter 19.52 RCW relating to the
maximum rate of interest which may be agreed to in
writing and taken and received: Provided, however,
That the interest rate charged by such broker-dealer
shall not be more than one and one-half percent higher
than the effective rate of interest paid by such broker
dealer for funds borrowed to make margin account
purchases for his customers on the date of the customer
borrowing, or such lesser rate as may be set by rules or
regulations of the securities division of the department
of motor vehicles. [ 1975 1st ex.s. c 84 § 26.]
FEES
21.20.340 Fees--Disposition. The following fees
shall be paid in advance under the provisions of this
chapter:
(1) For registration of all securities other than investment trusts and securities registered by coordination the
fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof
in this state, based on offering price, plus one-twentieth
of one percent for any excess over one hundred thousand dollars which are to be offered during that year:
Provided, however, That an issuer may upon the payment of a fifty dollar fee renew for one additional
twelve month period only the unsold portion for which
the registration fee has been paid.
(2) For registration of securities issued by a faceamount certificate company or redeemable security issued by an open-end management company or unit investment trust, as those terms are defined in the
Investment Company Act of 1940, the fee shall be one
hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state,
based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand dollars
which are to be offered in this state during that year:
Provided, however, That an issuer may upon the payment of a fifty dollar fee renew for an additional twelve
month period the unsold portion for which the registration fee has been paid.
(3) For registration by coordination, other than investment trusts, the fee shall be one hundred dollars for
initial filing fee for the first twelve month period plus
one hundred dollars for each additional twelve months
in which the same offering is continued.
(4) For filing annual financial statements, the fee shall
be twenty-five dollars.
(5) For filing an amended offering circular after the
initial registration permit has been granted the fee shall
be ten dollars.
(6) For registration of a broker-dealer or investment
adviser, the fee shall be one hundred fifty dollars for
original registration and fifty dollars for each annual
renewal. When an application is denied or withdrawn
the director shall retain one-half of the fee.
(7) For registration of a salesman or investment adviser salesman, the fee shall be twenty-five dollars for
original registration with each employer and fifteen
doll~rs for e~ch annual rene.wal. When an application is
demed or withdrawn the director shall retain one-half
of the fee.
(1975 RCW Supp--p 2031
21.20.340
Title 21:
Securities and Investments
(~) For \\T1tten examination for reoistration as a
.
c
salesman or mvestment adviser salesman. the fee shall
be fifteen dollars. For examinations for registration as a
broker-dealer or investment adviser. the fee shall be
fift\ dollars.
(9) If the application for a renewal license is not received hy the department on or before March 5 of each
\ear the renewal license fee for a late license for a broL.'.r -dealer or an im estment adviser shall be one hundred dollars and for a salesman or investment adviser
salesman shall be twenty-five dollars. Acceptance by
the director of an application for renewal after March 5
shall not be a waiver of delinquency.
(10) (a) For the transfer of a broker-dealer license to
a successor. the fee shall be twenty-five dollars.
(b) For the transfer of a salesman from a brokerdealer or issuer to another broker-dealer or issuer. the
transfer fee shall be fifteen dollars.
(c) For the transfer of an investment adviser salesman
from an investment adviser to another investment adviser. the transfer fee shall be fifteen dollars.
( 11) For certified copies of any documents filed with
the director. the fee shall be the cost to the department.
( 12) All fees collected under this chapter shall be
turned in to the state treasury and shall not be refundable. except as herein provided. (1975 1st ex.s. c 84 §
20: 1974 ex.s. c 77 § 8; 1965 c 17 § 4: 1961 c 37 § 9:
1959 c 282 § 34.]
Effective date--1974 ex.s. c 77: See note following RCW
21.20.040.
Effective date---1965 c 17: "Section 4 of this amendatory act shall
take effect July I. 1965." [1965 c 17 § 6.]
UNLAWFUL REPRESENT A TIO NS
CONCERNING REGISTRATION OR EXEMPTION
21.20.360 Filing, registration, statement, exemption
not conclusive as to truth or completeness--Unlawful
representations. Neither the fact that an application for
registration under RCW 21.20.050. a registration statement under RCW 21.20.180 or 21.20.210 has been filed.
nor the fact that a person or security if effectively registered. constitutes a finding by the director that any
document filed under this chapter is true. complete, and
not misleading. Neither any such fact nor the fact that
an exemption or exception is available for a security or
a transaction means that the director has passed in any
way upon the merits of qualifications of. or recommended or given approval to, any person. security. or
transaction. It is unlawful to make, or cause to be
made. to any prospective purchaser. customer, or client
any representation inconsistent with this section. [ 1975
!st ex.s. c 84 § 21: 1959 c 282 § 36.]
I:'-JVESTIGATIONS AND SUBPOENAS
21.20.380 Oaths--Subpoenas--Compelling obedience--Punishment. For the purpose of any investigation or proceeding under this chapter, the director or
any officer designated hy him may administer oaths and
11975 RCW Supp--p 2041
affirmations. subpoena witnesses. compel their attendance. take evidence, and require the production of any
books. papers. correspondence. memoranda. agreements. or other documents or records which the director deems relevant or material to the inquiry.
In case of disobedience on the part of any person to
comply with any subpoena lawfully issued by the director. or on the refusal of any witness to testify to any
matters regarding which he may be lawfully interrogated. the superior court of any county or the judge thereof. on application of the director. and after satisfactory
evidence of wilful disobedience. may compel obedience
by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from
such a court on a refusal to testify therein. [ 1975 I st
ex.s. c 84 § 22: 1974 ex.s. c 77 § 9: 1959 c 282 § 38.]
Effective date-1974 ex.s. c 77: See note following RCW
21.20.040.
INJUNCTIONS AND OTHER REMEDIES
21.20.390 Injunction, cease and desist order, restraining order, mandamus--Appointment of receiver
or conservator for insolvent--Restitution or damages.
Whenever it appears to the director that any person has
engaged or is about to engage in any act or practice
constituting a violation of any provision of this chapter
or any rule or order hereunder, he may in his
discretion:
(I) Issue an order directing the person to cease and
desist from continuing the act or practice: Provided,
That reasonable notice of and opportunity for a hearing
shall be given: Provided, further, That the director may
issue a temporary order pending the hearing which shall
remain in effect until ten days after the hearing is held
and which shall become final if the person to whom
notice is addressed does not request a hearing within
fifteen days after the receipt of notice; or
(2) The director may without issuing a cease and desist order, bring an action in any court of competent
jurisdiction to enjoin any such acts or practices and to
enforce compliance with this chapter or any rule or order hereunder. Upon a proper showing a permanent or
temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator
may be appointed for the defendant or the defendant's
assets. The director may not be required to post a bond.
If the director prevails. he shall be entitled to a reasonable attorney's fee to be fixed by the court.
(3) Whenever it appears to the director that any person who has received a permit to issue, sell or otherwise
dispose of securities under this chapter, whether current
or _otherwise, has become insolvent, the director may
petltwn a court of competent jurisdiction to appoint a
receiver or conservator for the defendant or the defendant's assets. The director may not be required to post a
bond.
(4) The director may include in any action authorized
by subsection (2) of this section a claim for restitution
or damages on behalf of the persons injured by the act
or practice constituting the subject matter of the action.
Chapter 22.09
Agricultural Commodities
The court shall have the power to award appropriate
relief to such persons, if the court finds that enforcement of the rights of such persons by private civil action, whether by class action or otherwise, would be so
burdensome or expensive as to be impractical. [ 1975 I st
ex.s. c 84 § 23; 1974 ex.s. c 77 § 10; 1959 c 282 § 39.]
Effective date-1974 ex.s. c 77: See note following RCW
21.20.040.
CIVIL LIABILITIES
21.20.430 Civil Iiabilities--Survival, limitation of
actions--Waiver of chapter void. (I) Any person, who
offers or sells a security in violation of any provisions of
RCW 21.20.140 through 21.20.220 and 21.20.230, or offers o'. sel~s a. security by means of fraud or misrepresentation ts liable to the person buying the security
from him, who may sue either at law or in equity to recover the consideration paid for the security, together
with interest at eight percent per annum from the date
of payment, costs, and reasonable attorneys' fees, less
the amount of any income received on the security,
upon the tender of the security, or for damages if he no
longer owns the security. Damages are the amount that
would be recoverable upon a tender less (a) the value of
the security when the buyer disposed of it and (b) interest at eight percent per annum from the date of
disposition.
(2) Any person who buys a security by means of
fraud or misrepresentation is liable to the person selling
t~e security to him, who may sue either at law or in equity to recover the security, together with any income
received on the security, costs, and reasonable attorneys' fees or if the security cannot be recovered, the
v_alue of the security, any profits arising from the secunty, costs, and reasonable attorneys' fees.
(3) Every person who directly or indirectly controls a
seller or buyer liable under subsection (I) or (2) above,
e~e'.y partner, officer, or director (or person occupying a
similar status or performing similar functions) or employee of such a seller or buyer who materially aids in
the transaction, and every broker-dealer, salesman or
person exempt under the provisions of RCW 21.20.040
who materially aids in the transaction is also liable
jointly and severally with and to the same extent as the
seller or buyer, unless he sustains the burden of proof
that he did not know, and in the exercise of reasonable
care could not have known, of the existence of the facts
by reason of which the liability is alleged to exist. There
is contribution as in cases of contract among the several
persons so liable.
(4) (a) Every cause of action under this statute survives the death of any person who might have been a
plaintiff or defendant.
(b) No person may sue under this section more than
th_ree years a_fter t~e c~ntract of sale. No person may
su~ under t~1~ section 1f the buyer or seller receives a
wntte_n resc1ss10n offer.' which has been passed upon by
the dtrector before smt and at a time when he owned
th_e s~curity, to r~fund the consideration paid together
with mterest at eight percent per annum from the date
of payment, less the amount of any income received on
the security in the case of a buyer, or plus the amount
of income received on the security in the case of a
seller.
(5) No person who has made or engaged in the performance of any contract in violation of any provision
of this chapter or any rule or order hereunder, or who
has acquired any purported right under any such contract with knowledge of the facts by reason of which its
making or performance was in violation, may base any
suit on the contract. Any condition, stipulation, or provision binding any person acquiring any security to
waive compliance with any provision of this chapter or
any rule or order hereunder is void. [1975 1st ex.s. c 84
§ 24; 1974 ex.s. c 77 § 11; 1967 c 199 § 2; 1959 c 282 §
43.]
Effective date--1974 ex.s. c 77: See note following RCW
21.20.040.
ADMINISTRATION OF CHAPTER
21.20.450 Administration of chapter--Rules and
forms, publication--Cooperation with other state and
federal authorities. The administration of the provisions
of this chapter shall be under the *department of licenses. The director may from time to time make,
amend, and rescind such rules and forms as are necessary to carry out the provisions of this chapter, including rules defining any term, whether or not such term is
used in the Washington securities law. The director may
cl_as~ify securities, perso~s, and matters within his jurisd1ct10n, and prescnbe different requirements for different classes. No rule or form, may be made unless the
?irector fin~s ~hat the action is necessary or appropriate
m the pubhc mterest or for the protection of investors
an~ consistent w~t~ the purposes fairly intended by the
policy and prov1s10n~ of this chapter. In prescribing
rules and forms the director may cooperate with the securities administrators of the other states and the securities and exchange commission with a view to
effectuating the policy of this statute to achieve maximum uniformity in the form and content of registration
statements, applications, and reports wherever practicable. All rules and forms of the director shall be published. [ 1975 I st ex.s. c 84 § 25; 1959 c 282 § 45.]
*~eviser's note: "department of licenses'' abolished and powers and
duties transferred to department of motor vehicles. See note following
RCW 21.20.005.
Title 22
WAREHOUSING AND DEPOSITS
Chapters
22.09 Agricultural commodities.
Chapter 22.09
AGRICULTURAL COMMODITIES
Sections
22.09.010
Definitions.
[1975 RCW Supp--p 2051
Chapter 22.09
22 09.030
22.09.040
22.09.060
22.09.090
2209.180
22.09.570
22.09.580
22.09.590
22.09.600
22.09.610
22.09.620
22.09.630
Title 22:
Warehousing and Deposits
License or license' required.
Application for license.
Bond and insurance prerequisite to license.
Bond requisites--lnsurance policy in lieu of bond.
Rights and duties of hcensees--Records. contents-Receipt not defeated by licensees' ownership of goods.
Action on bond b;. director or depositor--Author1ze<l--Grounds.
Action on bond by director--Failure of depositor
creditor to file claim upon request--Effect.
Action on bond by director--Records as to depositor
creditors missing or information incomplete--Effect.
Action on bond by director--Powers and duties.
Action on bond by director--When authorized-New bond, when required.
Payment for agricultural commodities purchased-Time requirements.
Payment violations--Recovery by department-Charges to depositors.
22.09.010 Definitions. For the purpose of this
chapter:
(I) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department
or his duly authorized representative.
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, association,
cooperative, port district, or two or more persons having a joint or common interest.
(4) "Agricultural commodities'', hereinafter referred
to as commodities, means, but is not limited to, all the
grains, hay, peas, hops, grain and hay products, beans,
lentils, corn, sorghums, malt, peanuts, flax, and other
similar agricultural products, and shall also include agricultural seeds but only when stored by a warehouseman who issues negotiable warehouse receipts therefor.
(5) "Public warehouse" hereinafter referred to as
"warehouse" means any elevator, mill, warehouse, public grain warehouse, public warehouse, terminal warehouse. station, or other structure or facility in which
commodities are received from the public for storage,
shipment, or handling, for compensation, and in the
case of hay any yard or other enclosure within five
miles thereof: Provided, That this shall not include any
warehouse storing or handling fresh fruits and/or vegetables or any warehouse used exclusively for cold
storage.
(6) "Terminal warehouse" means any warehouse designated as a terminal by the department, and located
at an inspection point where inspection facilities are
maintained by the department and where commodities
are ordinarily received and shipped by common carrier.
(7) "Inspection point" means a city, town, or other
place wherein the department maintains inspection and
weighing facilities.
(8) "Station'' means two or more warehouses between
which commodities are commonly transferred in the
ordinary course of business and which are (a) immediately adjacent to each other, or (b) located within the
corporate limits of any city or town and subject to the
same transportation tariff zone, or (c) at any railroad
siding or switching area and subject to the same transportation tariff zone. or (d) at one location in the open
country off raiL or (e) in any area which can be reasonably audited by the department as a station under the
(1975 RCW Supp---p 2061
provisions of this chapter and which has been established as such by the director by rule or regulation
adopted pursuant to chapter 34.04 RCW.
(9) "Depositor" means any person who deposits a
commodity in a warehouse for storage, handling, or
shipment, or who is the owner or legal holder of a
warehouse receipt, outstanding scale weight ticket, or
other evidence of such deposit or any person whose agricultural commodity has been sold to or is under control of the warehouseman for selling, processing, or
handling for compensation, whether or not such commodity is in the warehouse.
(10) "Warehouse receipt" means a negotiable or nonnegotiable warehouse receipt as provided for in the
Uniform Warehouse Receipts Act (chapter 22.04
RCW), as enacted or hereafter amended.
(I I) "Warehouseman" means any person owning,
operating, or controlling a warehouse.
(12) "Scale weight ticket" means a load slip or other
evidence of deposit, serially numbered, not including
warehouse receipts as defined in subsection ( 10) of this
section, given a depositor on request upon initial delivery of the commodity to the warehouse and shall show
the warehouse name, and state number, type of commodity. weight thereof. name of depositor, and the date
delivered. [1975 1st ex.s. c 7 § 19; 1971c65 §I; 1967 c
240 § 51 ; 1963 c 124 § I.]
Severability--1967 c 240: See note following RCW 43.23.0IO.
Warehouse receipts, bills of lading and other documents of title-Uniform commercial code: Article 62A. 7 RCW.
22.09.030 License or licenses required. It shall be
unlawful for any person to operate a warehouse without
first having obtained an annual license from the department: Provided, That this chapter shall not apply to
warehouses that are federally licensed under the provisions of 7 USC 241 et seq. for the handling and storage
of agricultural commodities. A separate license shall be
required for each warehouse a person intends to operate: Provided, That any person operating two or more
warehouses which constitute a station may license such
warehouses under one state license. All the assets of a
given station, licensed under one state license, shall be
subject to all the liabilities of that station and for the
purposes of this chapter shall be treated as a single
warehouse, requiring all the stocks and obligations of
the warehouses at a given station to be treated as a unit
for all purposes including, but not limited to, issuance
of warehouse receipts and receipt and delivery of commodities for storage, shipment, or handling. [ 1975 I st
ex.s. c 7 § 20; 1963 c 124 § 3.]
22.09.040 Application for license. Application for a
lic.ense to operate a warehouse under the provisions of
this chapter shall be on a form prescribed by the department and shall include:
(I) The full name of the person applying for the license. and wh~t~er the applicant is an individual, partnership, association, corporation or other;
(2) The full name of each member of the firm or
partnership. or the names of the officers of the company, society, cooperative association, or corporation;
Agricultural Commodities
(3) The principal business address of the applicant in
the state and elsewhere;
(4) The name or names of the person or persons authorized to receive and accept service of summons and
legal notices of all kinds for the applicant;
(5) The location of each warehouse the applicant intends to operate and the preponderate commodity expected in storage;
(6) The bushel storage capacity of each such warehouse to be licensed, including a schematic diagram accurately showing the areas of storage and floor plan of
the warehouse;
(7) The schedule of fees to be charged at each warehouse for the handling, storage, and shipment of all
commodities during the licensing period;
(8) A financial statement to determine the net worth
of the applicant to determine whether or not the applicant meets the minimum net worth requirements established by the director pursuant to chapter 34.04 RCW;
(9) Whether the application is for a station, terminal,
or public warehouse license;
( 10) Any other reasonable information the department finds necessary to carry out the purpose and provisions of this chapter. [1975 1st ex.s. c 7 § 21; 1963 c
124 § 4.]
22.09.060 Bond and insurance prerequisite to license.
No license shall be issued to an applicant before a bond
as provided in RCW 22.09.090 and a certificate of insurance as provided in RCW 22.09.110 have been filed
with the department. [1975 1st ex.s. c 7 § 22; 1963 c 124
§ 6.]
22.09.090 Bond requisites--Insurance policy in lieu
of bond. (1) Before any person shall be granted a license
pursuant to the provisions of this chapter such person
shall give a bond to the state of Washington executed
by the warehouseman as principal and by a corporate
surety licensed to do business in this state as surety.
The bond shall be in the sum of not less than twentyfive thousand dollars nor more than five hundred thousand dollars. The department shall, after holding a
public hearing, determine the amount of the bond
which shall be computed at a rate of not less than fifteen cents nor more than thirty cents per bushel multiplied by the number of bushels of licensed commodity
storage capacity of the warehouses of the licensee furnishing the bond, or at the rate of not less than six percent nor more than twelve percent of the gross sales of
agricultural commodities of such licensee, whichever is
greater.
(2) The bond shall be approved by the department
and shall be conditioned upon the faithful performance
by the warehouseman of the duty to keep in the warehouse for the depositor the commodity delivered, and to
deliver the commodity to, or ship it for, such depositor,
and such additional obligations, including merchandising, as a warehouseman may assume with the respective
depositors as defined in RCW 22.09.010(9) as now or
hereafter amended. In case a person has applied for licenses to conduct two or more warehouses in the state,
22.09.180
the assets applicable to all warehouses, but not the deposits except in case of a station, shall be subjec~ ~o the
liabilities of each. The total and aggregate hab1hty of
the surety for all claims upon such bond shall be limited to the amount specified in the bond.
(3) The warehouseman may give a single bond meeting the requirements of this chapter, and all warehouses
operated by the warehouseman shall be deemed as one
warehouse for the purpose of the bond required under
such section. Any change in the capacity of a warehouse or installation of any new warehouse involving a
change in bond liability under this chapter shall be immediately reported to the department prior to the operation thereof.
(4) Notwithstanding any other prov1s10ns of this
chapter, the license of a warehouseman shall automatically be suspended in accordance with the provisions of
RCW 22.09.100 for failure at any time to have or to
maintain a bond in the amount and type required herein. The department shall remove the suspension or issue
a license as the case may be, when the required bond
has been obtained.
(5) Any warehouseman required to submit a bond to
the department pursuant to the provisions of this chapter shall have the option to file a policy of insurance
with the department in lieu of the warehouseman's
bond. Such insurance policy, before being accepted,
shall be approved by the attorney general and the insurance commissioner of the state of Washington if they
deem the coverage provided thereby is equivalent to or
greater than the coverage for depositors provided by the
warehouseman's bond. If such an insurance policy is
accepted in place of the bond, such insurance policy, as
between the department, warehouseman, and the depositors, shall be treated exactly the same as if it w~re a
bond filed with the department. It is the intention of the
legislature in this subsection to have the insurance policy replace the bond, as between the department, warehouseman, and the depositors, for all purposes as
though the term bond used throughout the several sections of this chapter were to contain instead the term
insurance policy. [ 1975 l st ex.s. c 7 § 23; 1969 ex.s. c
132 § 2; 1963 c 124 § 9.]
22.09.180 Rights and duties of licensees--Records,
contents--Receipt not defeated by licensees' ownership
of goods. (1) The warehouseman shall maintain current
and complete records at all times with respect to all agricultural commodities handled, stored, shipped, or
merchandised by him, including commodities owned by
him. Such records shall include, but not be limited to, a
daily position record showing the total quantity of each
kind and class of agricultural commodity received and
loaded out and the amount remaining in storage at the
close of each business day, and the warehouseman's total storage obligation for each kind and class of agricultural commodity at the close of each business day.
(2) No warehouse receipt issued by any warehouseman as defined in this chapter and no negotiation,
transfer, or pledge of any such receipt shall be defeated
(1975 RCW Supp---p 2071
22.09.180
Title 22:
Warehousing and Deposits
by reasun of the fact that the goods covered by the reL·e1pt were owned. in whole or in part. by the warehouseman at the time the receipt was issued.
(3) EYery warehouseman purchasing any agricultural
commodit) from a depositor thereof shall promptly
make and keep for one year a correct record showing in
detail the following:
(a) The name and address of the depositor;
(b) The date purchased;
(c) The terms of the sale; and
(d) The quality and quantity purchased by the warehouseman. and where applicable the dockage, tare,
grade. size, net weight, or quantity.
(4) An itemized statement of any charges paid by the
warehouseman for the account of the depositor.
A copy of such record containing the above matters
shall be forwarded to the depositor forthwith. [ 1975 I st
ex.s. c 7 § 24; 1963 c 124 § 18.]
22.09.570 Action on bond by director or depositor--Authorized--Grounds. The director or any depositor of any agricultural commodity may bring action
upon said bond against both principal and surety in
any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter or the rules and regulations
adopted hereunder. [1975 1st ex.s. c 7 § 29.]
22.09.580 Action on bond by director--Failure of
depositor creditor to file claim upon request--Effect. If
a depositor creditor after notification fails, refuses or
neglects to file in the office of the director his verified
claim as requested by the director within sixty days
from the date of such request, the director shall thereupon be relieved of further duty or action hereunder on
behalf of said depositor creditor. [ 1975 1st ex.s. c 7 §
30.}
22.09.590 Action on bond by director--Records as
to depositor creditors missing or information incomplete--Effect. Where by reason of the absence of records, or other circumstances making it impossible or
unreasonable for the director to ascertain the names
and addresses of all said depositor creditors, the director after exerting due diligence and making reasonable
inquiry to secure said information from all reasonable
and available sources, may make demand on said bond
on the basis of information then in his possession, and
thereafter shall not be liable or responsible for claims or
the handling of claims which may subsequently appear
or be discovered. [ 197 5 1st ex.s. c 7 § 31.]
22.09.600 Action on bond by director--Powers and
duties. Upon ascertaining all claims and statements in
the manner herein set forth, the director may then make
demand upon the bond on behalf of those claimants
whose statements have been filed, and shall have the
power to settle or compromise said claims with the
surety company on the bond, and is empowered in such
cases to execute and deliver a release and discharge of
the bond involved. [ 1975 I st ex.s. c 7 § 32.]
(1975 RCW Supp--p 2081
22.09.610 Action on bond by director--When authorized--New bond, when required. Upon the refusal
of the surety company to pay the demand the director
may thereupon bring an action on the bond in behalf of
said depositor creditors. Upon any action being commenced on said bond the director may require the filing
of a new bond and immediately upon the recovery in
any action on such bond such warehouseman shall file
a new bond and upon failure to file the same within ten
days in either case such failure shall constitute grounds
for the suspension or revocation of his license. [ 1975 lst
ex.s. c 7 § 33.]
22.09.620 Payment for agricultural commodities purchased--Time requirements. Every warehouseman
must pay for agricultural commodities purchased by
him at the time and in the manner specified in the contract with the depositor, but if no time is set by such
contract, then within thirty days after taking possession
for purpose of sale or taking title of such agricultural
product. [1975 1st ex.s. c 7 § 34.]
22.09.630 Payment violations--Recovery by department--Charges to depositors. When a violation
has occurred which results in improper payment or
nonpayment and a claim is made to the department
and the payment is secured through the actions of the
department the following charges will be made to the
depositor for the action of the department in the
matter:
(1) When reported within thirty days from time of
default, no charge.
(2) When reported thirty days to one hundred eighty
days from time of default, five percent.
(3) When reported after one hundred eighty days
from time of default, ten percent. [ 1975 I st ex.s. c 7 §
35.)
Title 23
CORPORATIONS AND ASSOCIATIONS
(PROFin
(BUSINESS CORPORATION ACT: SEE
TITLE 23A RCW)
Chapters
23.01 Private business corporations act.
Chapter 23.01
PRIVATE BUSINESS CORPORATIONS ACT
Sections
23.01.226
23.01.227
Recodified as RCW 23A.08.325.
Community property agreements-Transfers of shares
pursuant to direction of surviving spouse.
23.01.226 Recodified as RCW 23A.08.325. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Substantive Provisions
23.01.227 Community property agreements-Transfers of shares pursuant to direction of surviving
spouse. See RCW 23A.08.325.
Title 23A
WASHINGTON BUSINESS
CORPORATION ACT
Chapters
23A.08 Substantive provisions.
23A.40 Fees and charges.
Chapter 23A.08
SUBSTANTIVE PROVISIONS
Sections
23A.08. l 30 Issuance of shares of preferred or special classes in
series.
23A.08.325 Community property agreements-Transfers of shares
pursuant to direction of surviving spouse.
23A.08.350 Number and election of directors.
23A.08.410 Place and notice of directors' or designated or appointed
committee meetings-Presence.
23A.08.470 Officers.
23A.08.130 Issuance of shares of preferred or special
classes in series. (1) If the articles of in corpora ti on so
provide, the shares of any preferred or special class may
be divided into and issued in series. If the shares of any
such class are to be issued in series, then each series
shall be so designated as to distinguish the shares
thereof from the shares of all other series and classes.
Any or all of the series of any such class and the variations in the relative rights and preferences as between
different series may be fixed and determined by the articles of incorporation, but all shares of the same class
shall be identical except as to the following relative
rights and preferences, as to which there may be variations between different series:
(a) The rate of dividend.
(b) Whether shares may be redeemed and, if so, the
redemption price and the terms and conditions of
redemption.
(c) The amount payable upon shares in event of voluntary and involuntary liquidation.
(d) Sinking fund provisions, if any, for the redemption or purchase of shares.
(e) The terms and conditions, if any, on which shares
may be converted.
(f) Voting rights, if any.
(2) If the articles of incorporation shall expressly vest
authority in the board of directors, then, to the extent
that the articles of incorporation shall not have established series and fixed and determined the variations in
the relative rights and preferences as between series, the
b9ard of directors shall have authority to divide any or
all of such classes into series and, within the limitations
set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences of the shares of any series so established.
23A.08.325
(3) In order for the board of directors to establish a
series, where authority so to do is contained in the articles of incorporation, the board of directors shall adopt
a resolution setting forth the designation of the series
and fixing and determining the relative rights and preferences thereof, or so much thereof as shall not be fixed
and determined by the articles of incorporation.
(4) Prior to the issue of any shares of a series established by resolution adopted by the board of directors,
the corporation shall file and execute in the manner
hereinafter provided a statement setting forth:
(a) The name of the corporation.
(b) A copy of the resolution establishing and designating the series, and fixing and determining the relative rights and preferences thereof.
(c) The date of adoption of such resolution.
(d) That such resolution was duly adopted by the
board of directors.
(5) Such statement shall be executed in triplicate by
the corporation by its president or a vice president and
by its secretary or an assistant secretary, and verified by
one of the officers signing such statement, and shall be
delivered to the secretary of state. If the secretary of
state finds that such statement conforms to law, he
shall, when all fees have been paid as in this title
prescribed:
(a) Endorse on each of such triplicate originals the
word "Filed," and the month, day, and year of the filing thereof.
(b) File one of such originals in his office.
(c) Return the other two such originals to the corporation or its representative.
(6) One of such other originals shall then be filed in
the office of the auditor of the county in which the registered office of the corporation is located and the other
shall be retained by the corporation.
(7) Upon the filing of such statement by the secretary
of state, the resolution establishing and designating the
series and fixing and determining the relative rights and
preferences thereof shall become effective and shall
constitute an amendment of the articles of incorporation. [1975 1st ex.s. c 264 § 5; 1965 c 53 § 16.]
23A.08.325 Community property agreements-Transfers of shares pursuant to direction of surviving
spouse. Neither a domestic or foreign corporation or its
registrar or transfer agent shall be liable for transferring
or causing to be transferred on the books of the corporation to or pursuant to the direction of the surviving
spouse of a deceased husband or wife any share or
shares or other securities theretofore issued by the corporation to the deceased or surviving spouse or both of
them if the corporation or its registrar or transfer agent
shall be provided with the following:
(1) A copy of an agreement which shall have been
entered into between the spouses pursuant to the provisions of section 2416 Code of 1881 and RCW 26.16.120
and certified by the auditor of the county in this state in
whose office the same shall have been recorded;
(2) A certified copy of the death certificate of the deceased spouse;
(1975 RCW Sup~p 2091
BA.08.325
Title 23A:
Washington Business Corporation Act
(3) ..\ release issued by the inheritance tax division of
the department of revenue of this state; and
(4) An affida\it of the surviving spouse that:
(a) The shares or other securities constituted community property of the spouses at date of death of the deceased spouse and their disposition is controlled by the
community property agreement:
(b) '\Jo proceedings have been instituted to contest or
set aside or cancel the agreement; and that
(c) The claims of creditors have been paid or provided for. [1975 !st ex.s. c 264 § I. Prior: 1975 lst ex.s. c
278 § 18; 1965 c 85 § l. Formerly RCW 23.01.226.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
23A.08.350 Number and election of directors. The
number of directors of a corporation shall be not less
than three, except that in cases where all shares of a
corporation are owned of record by fewer than three
shareholders, the number of directors may be less than
three but not less than the number of such shareholders.
Subject to such limitation, the number of directors shall
be fixed by the bylaws, except as to the number constituting the initial board of directors, which number shall
be fixed by the articles of incorporation. The number of
directors may be increased or decreased from time to
time by amendment to the bylaws, but no decrease
shall have the effect of shortening the term of any incumbent director. In the absence of a bylaw fixing the
number of directors, the number shall be the same as
that stated in the articles of incorporation. The names
and addresses of the members of the first board of directors shall be stated in the articles of incorporation.
Such persons shall hold office until the first annual
meeting of shareholders, and until their successors shall
have been elected and are qualified, unless removed in
accordance with the provisions of the bylaws. At the
first annual meeting of shareholders and at each annual
meeting thereafter the shareholders shall elect directors
to hold office until the next succeeding annual meeting,
except in case of the classification of directors as permitted by this title. Each director shall hold office for
the term for which he is elected and until his successor
shall have been elected and is qualified, unless removed
in accordance with the provisions of the bylaws. [1975
!st ex.s. c 264 § 2; 1965 c 53 § 38.]
23A.08.410 Place and notice of directors' or designated or appointed committee meetings--Presence.
\1eetings of the board of directors, regular or special,
may be held either within or without this state.
Regular meetings of the board of directors or of any
committee designated by the bylaws or appointed by
the board of directors may be held with or without notice as prescribed in the b)·laws. Special meetings of the
board of directors shall be held upon such notice as is
prescribed in the bylaws. Attendance of a director or a
committee member at a meeting shall constitute a
waiver of notice of such meeting, except where a director or a committee member attends a meeting for the
express purpose of objecting to the transaction of any
business because the meeting is not lawfully called or
(1975 RCW
Sup~
210)
convened. Neither the business to be transacted at, nor
the purpose of, any regular or special meeting of the
board of directors or any committee designated by the
bylaws or appointed by the board of directors need be
specified in the notice or waiver of notice of such meeting unless required by the bylaws.
Except as may be otherwise restricted by the articles
of incorporation or bylaws, members of the board of
directors or any committee designated by the bylaws or
appointed by the board of directors may participate in
a meeting of such board or committee by means of a
conference telephone or similar communications equipment by means of which all persons participating in the
meeting can hear each other at the same time, and participation by such means shall constitute presence in
person at a meeting. [ 1975 l st ex.s. c 264 § 3; 1965 c 53
§ 44.]
23A.08.470 Officers. The officers of a corporation
shall consist of a president, one or more vice presidents
as may be prescribed by the bylaws, a secretary, and a
treasurer, each of whom shall be elected by the board
of directors at such time and in such manner as may be
prescribed by the bylaws. Such other officers and assistant officers and agents as may be deemed necessary
may be elected or appointed by the board of directors
or chosen in such other manner as may be prescribed
by the bylaws. Any two or more offices may be held by
the same person, except the offices of president and
secretary, except that when all of the issued and outstanding stock of the corporation is owned of record by
one person, such person may hold all or any combination of offices.
All officers and agents of the corporation, as between
themselves and the corporation, shall have such authority and perform such duties in the management of the
corporation as may be provided in the bylaws, or as
may be determined by resolution of the board of directors not inconsistent with the bylaws. [1975 !st ex.s. c
264 § 4; 1965 c 53 § 50.]
Chapter 23A.40
FEES AND CHARGES
Sections
23A.40.075 Annual license fee constitutes tax on privilege of doing
busmess-Payment required-Failure, existence
ceases-Notification--Restoration and reinstatement-Fees.
23A.40.075 Annual license fee constitutes tax on
privilege of doing business--Payment required-Failure, existence ceases--Notification--Restoration
and reinstatement--Fees. The annual license fee required by RCW 23A.40.060, as now or hereafter
amen~ed, and _RCW 23A.40.140 is a tax on the privilege,,..
of do_ing busmess as a corporation in the state of
Washmgton. No corporation shall do business in this
state without first having paid its annual license fee, except as provided in RCW 23A.36.0IO and 23A.36.020.
Failure of the corporation to pay its annual license
fees shall not derogate from the rights of its creditors,
or prevent the corporation from being sued and from
Dissolution of Marriage
defending lawsuits, nor shall it release the corporation
from any of the duties or liabilities of a corporation
under law.
Every domestic corporation which shall fail for three
consecutive years to acquire an annual license for the
privilege of doing business in this state shall cease to
exist as a corporation on the third anniversary of the
date it was last licensed to do business in this state.
When a corporation has ceased to exist by operation of
this section, remedies available to or against it shall
survive in the manner provided in RCW 23A.28.250
and the directors of the corporation shall hold the title
to the property of the corporation as trustees for the
benefit of its creditors and shareholders.
A domestic corporation which has not ceased to exist
by operation of law may restore its privilege to do business by paying the current annual license fee and a restoration fee which shall include a sum equivalent to the
amount of annual license fees the corporation would
have paid had it continuously maintained its privilege
to do business plus an additional fee equivalent to one
percent per month or fraction thereof computed upon
each annual license fee from the time it would have
been paid had the corporation maintained its privilege
to do business to the date when the corporation restored its privilege to do business: Provided, That the
minimum additional license fee due under this section
shall be two dollars and fifty cents. A corporation
which has ceased to exist may reinstate within two
years by paying all fees specified above plus a reinstatement fee of ten dollars and upon doing so shall be
reinstated and again be entitled to do business, and
may use its former corporate name if that name is not
then in use by a corporation then in existence. If the
former name is not available, the corporation may file
amended articles to adopt a new name simultaneous
with reinstatement. Upon payment of the above fees,
restoration and reinstatement of the privilege to do
business shall be effective, and the corporation shall
have all the rights and privileges it would have possessed had it continually maintained its privilege to do
business.
When any domestic corporation first fails to pay its
annual license fee when due, the secretary of state shall,
in that year only, mail to the corporation at its registered office, by first class mail, a notice that if it does
not pay its annual license fee it will no longer have the
privilege of doing business in this state, and that the
corporation's privilege may be restored as provided in
this section, and the notice shall contain a reminder
that, if the privilege is not restored for three consecutive
years, the existence of the corporation shall cease without further notice. [ 197 5 1st ex.s. c 36 § 1; 1971 ex.s. c
142 § l; 1969 ex.s. c 92 § 4.]
Title 26
DOMESTIC RELATIONS
26.09.040
Chapters
26.09 Dissolution of marriage--Legal
separation--Declarations concerning
validity of marriage.
26.28 Infants.
26.44 Child abuse--Reports--Procedure.
Shoplifting by minors, liability of parents, guardians: RCW 4.24.230.
Chapter 26.09
DISSOLUTION OF MARRIAGE-LEGAL
SEPARATION-DECLARATIONS
CONCERNING
VALIDITY OF MARRIAGE
Sections
26.09.010
26.09.040
26.09.060
26.09.280
Civil practice to govern--Designation of proceedings-Decrees.
Petition to have marriage declared invalid or judicial determination of validity-Procedure--Findings-Grounds-Legitimacy of children.
Temporary maintenance or child support--Temporary
restraining order-Preliminary injunction.
Child custody or support actions or proceedingsVenue.
26.09.010 Civil practice to govern--Designation of
proceedings--Decrees. ( 1) Except as otherwise specifically provided herein, the practice in civil action shall
govern all proceedings under this chapter, except that
trial by jury is dispensed with.
(2) A proceeding for dissolution of marriage, legal
separation or a declaration concerning the validity of a
marriage shall be entitled "In re the marriage of
__________ and----------·" Such proceeding may be
filed in the superior court of the county where the petitioner resides.
(3) In cases where there has been no prior proceeding
in this state involving the marital status of the parties or
custody or support obligations, a separate custody or
support proceeding shall be entitled "In re the (custody)
(support) of __________ ."
(4) The initial pleading in all proceedings for dissolution of marriage under this chapter shall be denominated a petition. A responsive pleading shall be
denominated a response. Other pleadings, and all
pleadings in other matters under this chapter shall be
denominated as provided in the civil rules for superior
court.
(5) In this chapter, "decree'' includes "judgment".
(6) A decree of dissolution, of legal separation, or a
declaration concerning the validity of a marriage shall
not ~e awarded to one of the parties, but shall provide
that tt affects the status previously existing between the
parties in the manner decreed. [ 1975 c 32 § 1; 1973 1st
ex.s. c 157 § 1.]
26.09.040 Petition to have marriage declared invalid
or judicial determination of validity--ProcedureFin~ings--Gr~unds--Legitimacy of children. ( 1)
While both parties to an alleged marriage are living,
and at least one party is resident in this state or a
member of the armed service and stationed in the state
'
[1975 RCW Sup~ 211)
26.09.040
Title 26:
Domestic Relations
a petition to have the marriage declared invalid may be
sought by:
(a) Either or both parties. or the guardian of an incompetent spouse. for any cause specified in subsection
(4) of this section: or
(b) Either or both parties, the legal spouse, or a child
of either party when it is alleged that the marriage is
bigamous.
(2) If the validity of a marriage is denied or questioned at any time, either or both parties to the marriage may petition the court for a judicial determination
of the validity of such marriage.
(3) In a proceeding to declare the invalidity of a
marriage, the court shall proceed in the manner and
shall have the jurisdiction, including the authority to
provide for maintenance, custody, visitation, support,
and division of the property of the parties, provided by
this chapter.
(4) After hearing the evidence concerning the validity
of a marriage, if both parties to the alleged marriage are
still living, the court:
(a) If it finds the marriage to be valid, shall enter a
decree of validity;
(b) If it finds that:
(i) The marriage should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved
marriage of one or both of the parties, reasons of consanguinity. or because a party lacked capacity to consent to the marriage, either because of men ta!
incapacity or because of the influence of alcohol or
other incapacitating substances, or because a party was
induced to enter into the marriage by force or duress,
or by fraud involving the essentials of marriage, and
that the parties have not ratified their marriage by voluntarily cohabiting after attaining the age of consent, or
after attaining capacity to consent, or after cessation of
the force or duress or discovery of the fraud, shall declare the marriage invalid as of the date it was purportedly contracted;
(ii) The marriage should not have been contracted
because of any reason other than those above, shall
upon motion of a party, order any action which may be
appropriate to complete or to correct the record and
enter a decree declaring such marriage to be valid for
all purposes from the date upon which it was purportedly contracted;
(c) If it finds that a marriage contracted in a jurisdiction other than this state, was void or voidable under
the law of the place where the marriage was co!ltracted,
and in the absence of proof that such mamage was
subsequently validated by the laws of the place of contract or of a subsequent domicile of the parties, shall
declare the marriage invalid as of the date of the
marriage.
(5) Any child of the parties born or ~once~~ed during
the existence of a marriage of record 1s legitimate and
remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage. [ 1975 c 32 § 2;
1973 !st ex.s. c 157 § 4.]
(1975 RCW Supp--p 212]
26.09.060 Temporary maintenance or child support--Temporary restraining order--Preliminary injunction. (I) In a proceeding for:
(a) Dissolution of marriage, legal separation. or a
declaration of invalidity: or
(b) Disposition of property or liabilities, mai.ntenance,
or support following dissolution of the marnage by a
court which lacked personal jurisdiction over the a~sent
spouse: either party may move for temporary maintenance or for temporary support of children entitled to
support. The motion shall be accompanied by .an affidavit setting forth the factual basis for the motion and
the amounts requested.
(2) As a part of a motion for temporary maintenance
or support or by independent motion accompan.ied by
affidavit, either party may request the court to issue a
temporary restraining order or preliminary injunction,
providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Transferring, removing, encumbering, concealing,
or in any way disposing of any property e~~ept in ~he
usual course of business or for the necessities of hfe,
and, if so restrained or enjoined, requiring him to notify
the moving party of any proposed extraordinary expenditures made after the order is issued;
(b) Molesting or disturbing the peace of the other
party or of any child;
(c) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(d) Removing a child from the jurisdiction of the
court.
(3) The court may issue a temporary restraining order
without requiring notice to the other party only if it
finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is
not issued until the time for responding has elapsed.
(4) The court may issue a temporary restraining order
or preliminary injunction and an order for temporary
maintenance or support in such amounts and on such
terms as are just and proper in the circumstances.
(5) A temporary order, temporary restraining order,
or preliminary injunction:
(a) Does not prejudice the rights of a party or any
child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered or
when the petition for dissolution, legal separation, or
declaration of invalidity is dismissed. [ 1975 c 32 § 3;
1973 1st ex.s. c 157 § 6.]
26.09.280 Child custody or support actions or proceedings--Venue. Hereafter every action or proceeding to change, modify, or enforce any final order,
judgment, or decree heretofore or hereafter entered in
any dissolution or legal separation or declaration concerning the validity of a marriage, whether under this
chapter or prior law, in relation to the care, custody,
control, or support of the minor children of the marriage may be brought in the county where said minor
children are then residing, or in the court in which said
final order, judgment, or decree was entered, or in the
Child Abuse--Reports--Procedure
county where the parent or other person who has the
care, custody, or control of the said children is then residing. [1975 c 32 § 4; 1973 1st ex.s. c 157 § 28.]
Chapter 26.28
INFANTS
Shoplifting by minors, liability of parents, guardians: RCW 4.24.230.
Chapter 26.44
CHILD ABUSE-REPORTS-PROCEDURE
Sections
26.44.010
26.44.020
26.44.030
26.44.040
26.44.050
26.44.053
26.44.056
26.44.060
26.44.070
26.44.900
Declaration of purpose.
Definitions.
Reports-Duty and authority to make-Duty of receiving agency.
Reports-Oral, written-Contents.
Abuse of child-Duty of law enforcement agency or
department of social and health services.
Guardian ad !item, appointment-Examination of
person having legal custody-HearingProcedure.
Protective detention of abused child-Reasonable
cause-Notice-Request for transfer of custody.
Immunity from civil or criminal liability-Confidential communications not violated-Actions against
state not affected.
Central registry of reported cases of child abuseConfiden tiality-Penalty.
Severability-1975 1st ex.s. c 217.
26.44.010 Declaration of purpose. The Washington
state legislature finds and declares: The bond between a
child and his or her parent, custodian, or guardian is of
paramount importance, and any intervention into the
life of a child is also an intervention into the life of the
parent, custodian, or guardian; however, instances of
nonaccidental injury, neglect, death, sexual abuse and
cruelty to children by their parents, custodians or
guardians have occurred, and in the instance where a
child or mentally retarded person is deprived of his or
her right to conditions of minimal nurture, health, and
safety, the state is justified in emergency intervention
based upon verified information; and therefore the
Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities. It is the intent of the legislature that, as a result of
such reports, protective services shall be made available
in an effort to prevent further abuses, and to safeguard
the general welfare of such children: Provided, That
such reports shall be maintained and disseminated with
strictest regard for the privacy of the subjects of such
reports and so as to safeguard against arbitrary, malicious or erroneous information or actions: Provided
further, That this chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved
to be injurious to the child's health, welfare and safety.
[1975 !st ex.s. c 217 § I; 1969 ex.s. c 35 § 1; 1965 c 13 §
1.]
26.44.020
26.44.020 Definitions. For the purpose of and as
used in this chapter:
(1) "Court" means the superior court of the state of
Washington, juvenile department.
(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state pat~ol, the
director of public safety, or the office of the shenff.
(3) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatry, optometry, chiropractic, nursing, dentistry, osteopathy and surgery, or medicine and surge~y. The . te_rm
"practitioner" shall include a duly accredited Chnst1~n
Science practitioner: Provided, however, That a child
who is being furnished Christian Science treatment by a
duly accredited Christian Science practitioner shall not
be considered, for that reason alone, a neglected child
for the purposes of this chapter.
(4) "Institution" means a private or public hospital or
any other facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and health services.
(6) "Child" or "children" means any person under
the age of eighteen years of age and shall also include
any mentally retarded person regardless of age.
(7) "Professional school personnel" shall include, but
not be limited to, teachers, counselors, administrators,
child care facility personnel, and school nurses.
(8) "Social worker" shall mean anyone engaged in a
professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing
social services to adults or families, whether in an individual capacity, or as an employee or agent of any
public or private organization or institution.
(9) "Psychologist" shall mean any person licensed to
practice psychology under chapter 18.83 RCW, whether
acting in an individual capacity or as an employee or
agent of any public or private organization or
institution.
(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or
agent of any public or private organization or
institution.
(11) "Clergyman" shall mean any regularly licensed
or ordained minister or any priest of any church or religious denomination, whether acting in an individual
capacity or as an employee or agent of any public or
private organization or institution.
(12) "Child abuse or neglect" shall mean the injury,
sexual abuse, or negligent treatment or maltreatment of
a child by a person who is legally responsible for the
child's welfare under circumstances which indicate that
the child's health, welfare and safety is harmed thereby.
An abused child is a child who has been subjected to
child abuse or neglect as defined herein. "Negligent
treatment or maltreatment" shall mean an act or omission which evinces a serious disregard of consequences
of such magnitude as to constitute a clear and present
[1975 RCW Supp--p 2131
26.·U.020
dan~er
Title 26:
Domestic Relations
to the child's health. welfare and safetv: Pro\·id-
ed. That this subsection shall not be construed to authorize interference with child-raising practices.
including reasonable parental discipline. which are not
prO\ed to be injurious to the child's health. welfare and
safety.
( 13) "Child protective services section" shall mean
the child protective services section of the department.
[1975 !st ex.s. c 217 § 2: 1969 ex.s. c 35 § 2: 1965 c 13 §
2.)
26.44.030
Reports--Duty and authority to
make--Duty of receiving agency. (1) When any practitioner, professional school personnel. registered or licensed nurse, social worker, psychologist, pharmacist,
or employee of the department of social and health
services has reasonable cause to believe that a child has
suffered child abuse or neglect, he shall report such incident, or cause a report to be made. to the proper law
enforcement agency or to the department of social and
health services as provided in RCW 26.44.040.
(2) Any other person who has reasonable cause to
believe that a child has suffered child abuse or neglect
may report such incident to the proper law enforcement
agency or to the department of social and health services as provided in RCW 26.44.040 as now or hereafter
amended.
(3) The department or any law enforcement agency
receiving a report of an incident of child abuse or neglect pursuant to this chapter, involving a child who has
died or has had physical injury or injuries inflicted upon
him other than by accidental means or who has been
subjected to sexual abuse shall report such incident to
the proper county prosecutor for appropriate action.
[1975 1st ex.s. c 217 § 3; 1971 ex.s. c 167 § l; 1969 ex.s.
c 35 § 3; 1965 c 13 § 3.]
26.44.040 Reports--Oral, written--Contents.
An immediate oral report shall be made by telephone
or otherwise to the proper law enforcement agency or
the department of social and health services and, upon
request shall be followed by a report in writing. Such
reports shall contain the following information, if
known:
( 1) The name, address, and age of the child;
(2) The name and address of the child's parents,
stepparents, guardians. or other persons having custody
of the child:
(3) The nature and extent of the child's injury or
injuries:
(4) The nature and extent of the neglect of the child;
(5) The nature and extent of the sexual abuse;
(6) Am e\idence of previous injuries, including their
nature arid extent: and
(7) Am other information which may be helpful in
establishing the cause of the child's death, injury. or injuries and the identity of the perpetrator or perpetrators. [1975 !st ex.s. c 217 § 4; 1971ex.s.c167 § 2; 1969
ex.s. c 35 § 4; 1965 c 13 § 4.]
(1975 RCW Supp--p 2141
26.44.050 Abuse of child--Duty of law enforcement agency or department of social and health scnices.
Upon the receipt of a report concerning the possible
occurrence of child abuse or neglect, it shall be the duty
of the law enforcement agency or the department of social and health services to investigate and provide the
child protective services section with a report in accordance with the provision of chapter 74.13 RCW, and
where necessary to refer such report to the court. Notwithstanding the provisions of RCW 13.04.130 as now
or hereafter amended, the law enforcement agency or
the department of social and health services investigating such a report is hereby authorized to photograph
such a child for the purpose of providing documentary
evidence of the physical condition of the child at the
time the child was taken into custody. [1975 1st ex.s. c
217 § 5; 1971 ex.s. c 302 § 15; 1969 ex.s. c 35 § 5; 1965
c 13 § 5.]
Severability-1971 ex.s. c 302: See note following RCW 9.41.010.
26.44.053 Guardian ad litem, appointment--Examination of person having legal custody--Hearing--Procedure. (I) In any judicial proceeding in
which it is alleged that a child has been subjected to
child abuse or neglect the court shall appoint a guardian ad !item for the child: Provided. That the requirement of a guardian ad !item shall be deemed satisfied if
the child is represented by counsel in the proceedings.
(2) At any time prior to or during a hearing in such a
case, when the court finds upon clear, cogent and convincing evidence that an incident of child abuse or neglect has occurred, the court may, on its own motion, or
the motion of the guardian ad !item, or other parties,
order the examination by a physician, psychologist or
psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child
abuse or neglect, if the court finds such an examination
is necessary to the proper determination of the case.
The hearing may be continued pending the completion
of such examination. The physician, psychologist or
psychiatrist conducting such an examination may be
required to testify in the dispositional hearing concerning the results of such examination and may be asked
to give his opinion as to whether the protection of the
child requires that he not be returned to the custody of
his parents or other persons having custody of him at
the time of the alleged child abuse or neglect. Persons
so testifying shall be subject to cross-examination as
are other witnesses. No testimony given at any such examination of the parent or any other person having
custody of the child may be used against such person in
any subsequent criminal proceedings against such person or custodian concerning the abuse or neglect of the
child.
(3) A parent or other person having legal custody of a
child alleged to be a child subjected to abuse or neglect
shall be a party to any proceeding that may as a practical matter impair or impede such person's interest in
custody or control of his or her child. [ 1975 1st ex.s. c
217 § 8.)
27.12.285
Public Libraries
26.44.056 Protective detention of abused child-Reasonable cause--Notice-Request for transfer of
custody. An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters
18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if the
circumstances or conditions of the child are such that
the detaining individual has reasonable cause to believe
that permitting the child to continue in his or her place
of residence or in the care and custody of the parent,
guardian, custodian or other person legally responsible
for the child's care would present an imminent danger
to that child's safety: Provided, That such administrator
or physician shall immediately notify or cause to be
notified the appropriate law enforcement agency or juvenile court officer pursuant to RCW 26.44.040 and request immediate transfer of custody. Such temporary
protective custody by an administrator or doctor shall
not be deemed an arrest and shall continue only until
supervisory custody is assumed by the appropriate law
enforcement agency or juvenile court. [1975 1st ex.s. c
217§9.]
26.44.060 Immunity from civil or criminal liability--Confidential communications not violated--Actions against state not affected. (1) Any person
participating in good faith in the making of a report
pursuant to this chapter or testifying as to alleged child
abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such
reporting or testifying under any law of this state or its
political subdivisions.
(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.7 I or 18.57 RCW taking a child into custody pursuant
to RCW 26.44.056 shall not be subject to criminal or
civil liability for such taking into custody.
(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of
the confidential communication privilege of RCW 5.60.060 (3) and (4) and 18.83.110. Nothing in this chapter
shall be construed as to supersede or abridge remedies
provided in chapter 4.92 RCW. [1975 !st ex.s. c 217 § 6;
1965 c 13 § 6.]
26.44.070 Central registry of reported cases of child
abuse--Confidentiality--Penalty. The department
shall maintain a central registry of reported cases of
child abuse and shall adopt such rules and regulations
as necessary in carrying out the provisions of this section. Records in the central registry shall be considered
confidential and privileged and will not be available except upon court order to any person or agency except
(1) law enforcement agencies as defined in this chapter
in the course of an investigation of alleged child abuse
or neglect; (2) to child protective services workers or
juvenile court personnel who are investigating reported
incidences of child abuse or neglect; (3) physicians who
are treating the child or family; (4) any child named in
the registry who is alleged to be abused or neglected, or
his or her guardian ad litem and/or attorney; (5) a parent, guardian, or other person legally responsible for the
welfare and safety of the child named in the registry;
(6) any person engaged in a bona fide research purpose,
as determined by the department, according to rules
and regulations, provided that information identifying
the persons of the registry shall remain privileged; and
(7) any individual whose name appears on the registry
shall have access to his own records. Those persons or
agencies exempted by this section from the confiden.tiality of the records of the registry shall not further disseminate or release such information so provided to
them and shall respect the confidentiality of such information, and any violation of this section shall constitute
a misdemeanor. [I 975 I st ex.s. c 2 I 7 § 7; I 972 ex.s. c 46
§I; 1969 ex.s. c 35 § 6.]
26.44.900 Severability--1975 1st ex.s. c 217. If
any provision of this I 975 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision
to other persons or circumstances is not affected. [I 975
]st ex.s. c 217 § 10.]
Title 27
LIBRARIES, MUSEUMS AND
HISTORICAL ACTIVITIES
Chapters
27.12 Public libraries.
27 .16 Educational service district circulating libraries .
27.24 County law libraries.
27.40 Museum of University of Washington.
27.53 Archaeological sites and resources.
Chapter 27 .12
PUBLIC LIBRARIES
Sections
27.12.285
Library services for Indian tribes.
27.12.285 Library services for Indian tribes. The legislature finds that it is necessary to give the several
boards of library trustees in this state additional powers
in order to effectuate the state's policy with regard to
libraries as set forth in RCW 27.12.020. On and after
March 27, 1975 the board of library trustees in any
county of this state, in addition to any other powers
and duties, is hereby authorized to provide library services to Indian tribes recognized as such by the federal
government or to supplement any existing library services. of such an Indian tribe. The power granted by this
section shall extend beyond the geographic limits of the
library district and the county or counties in which the
district is located. [ 1975 c 50 § I.]
[1975 RCW Supp---p 215[
Chapter 27.16
Title 27:
Libraries, Museums and Historical Acthities
Chapter 27 .16
EDL 1CATIONAL SER\'ICE DISTRICT
CIRCULATl'.'iG LIBRARIES
Sections
27.16.010
27.16.020
27.16.030
27.16.040
27.16.050
27.16.060
Educational service district board may establish-Depository of instructional materials.
Tax levy for circulating school library fund-Depos1t-Pavments from fund.
Allowance· of bills.
Purchase of books, instructional materials and fixtures.
Disapproval of books by state educational officials.
Duties of educational service district superintendent.
27.16.010 Educational service district board may establish--Depository of instructional materials. The educational service district board of each educational
service district may establish a circulating library and
depository of instructional materials for the use and
benefit of the pupils of the common schools of such educational service district. [1975 1st ex.s. c 275 § 39; 1969
ex.s. c 176 § 25; 1955 c 163 §I; 1909 c 97 p 320 § 1;
1903 c 104 § 27; RRS § 4926. Cf. 1901 c 177 § 13; 1897
c 118 § 106.]
education or the superintendent of public instruction.
[1975 1st ex.s. c 275 § 43; 1969 ex.s. c 176 § 29; 1955 c
163 § 4; 1909 c 97 p 320 § 5; RRS § 4930.]
27.16.060 Duties of educational service district superintendent. The educational service district superintendent shall purchase the books and instructional
materials and enforce such rules and regulations for
their distribution, use, care, and preservation as he
deems necessary. [ 1975 1st ex.s. c 275 § 44; 1969 ex.s. c
176 § 30; 1955 c 163 § 5; 1909 c 97 p 320 § 6; RRS §
4931.]
Chapter 27 .24
COUNTY LAW LIBRARIES
Sections
27.24.068
27.24.090
27.16.020 Tax levy for circulating school library
fund--Deposit--Payments from fund. Each board
of county commissioners may levy a tax not exceeding
two and one-half cents per thousand dollars of assessed
value for the support of the circulating library in its educational service district. The proceeds of the tax collected shall constitute the circulating school library
fund for the payment of all bills created by the educational service qistrict for the purchase of books and instructional materials and fixtures. The fund shall be
deposited in the office of the county treasurer in which
other educational service district funds are deposited,
and shall be payable on order of the educational service
district board. [1975 1st ex.s. c 275 § 40; 1973 !st ex.s. c
195 § 8; 1969 ex.s. c 176 § 26; 1955 c 163 § 2; 1909 c 97
p 320 § 2; 1903 c 104 § 28; RRS § 4927. Cf. 1901 c 177
§ 14; 1897 c 118 § 107.]
Severability-Effective dates and termination dates-Construction-1973 1st ex.s. c 195: See notes following RCW 84.52.043.
27.16.030 Allowance of bills. The educational service
district board shall allow no bill or bills against said
fund until it shall have been certified to be correct by
the educational service district superintendent. [1975 1st
ex.s. c 275 § 41; 1969 ex.s. c 176 § 27; 1909 c 97 p 320 §
3; RRS § 4928.]
27.16.040 Purchase of books, instructional materials
and fixtures. The educational service district shall purchase no books or instructional materials, or fixtures for
the circulating library until there shall be to the credit
of the circulating school library fund sufficient money
to pay the purchase price thereof. [ 1975 I st ex.s. c 275 §
42; 1969 ex.s. c 176 § 28; 1955 c 163 § 3; 1909 c 97 p
320 § 4; RRS § 4929.]
27.16.050 Disapproval of books by state educational
officials. No book or instructional material shall be
placed in an educational service district circulating library that has been disapproved by the state board of
(1975 RCW Supp--p 2161
SEVENTH AND EIGHTH CLASS COUNTIES
Establishment of county law library-Trustee-Free
use of Iibrary.
SUPPORT
Discontinuance of fees.
SEVENTH AND EIGHTH CLASS COUNTIES
27.24.068 Establishment of county law library-Trustee--Free use of library. In each county of the
seventh and eighth class. there may be a county Jaw library which shall be governed and maintained by the
prosecuting attorney who shall also serve as trustee of
such library without additional salary or other
compensation.
The use of the county law library shall be free to the
judges of the state, to state and county officials, and to
me~bers of the bar, and to such others as the prosecutmg attorney may by rule provide. [1975 c 37 § I.]
SUPPORT
27.24.090 Discontinuance of fees. The collection of
the fees directed in RCW 27.24.070 shall be discontinued whenever t~e board of trustees of a county library
o~ the prosecutmg attorney, as the case may be, files
w1~h the county clerk and clerks of the justice courts a
wntte~ r~solutJon to the effect that the county library
fun.d m its county is sufficient for all present needs,
which resolution shall remain effective until it is later
rescinded. Upo~ its rescission, the county clerk and
clerks of the JUStlce courts shall resume the collection of
such fees. [1975 c 37 § 2; 1953 c 249 § 3; 1933 c 167 § 2,
part; 1925 ex.s. c 94 § 3, part; RRS § 8254---3, part.]
Chapter 27 .40
MUSEUM OF UNIVERSITY OF WASHINGTON
Sections
27.40.034
27.40.036
Permanent acquisition of documents and materials on
loan to museum, procedure-Return of stolen documents and materials to owner.
Sale or trade of acquired documents or materialsUse of proceeds.
Archaeological Sites And Resources
27.40.034 Permanent acquisition of documents and
materials on loan to museum, procedure--Return of
stolen documents and materials to owner. The board of
regents may provide, by rule or regulation, for:
(I) The permanent acquisition of documents or materials on loan to the state museum at the University of
Washington, if such documents or materials have not
been claimed by the owner thereof within ninety days
after notice is sent by certified mail, return receipt requested, to the owner at his last known address by the
board of regents and if such certified letter be returned
because it could not be delivered to the addressee, public notice shall be published by the University of
Washington once each week during two successive
weeks in a daily newspaper circulating in the city of
Seattle and the county of King describing the unclaimed documents or materials, giving the name of the
reputed owner thereof and requesting all persons who
may have any knowledge of the whereabouts of such
owner to contact the office of the museum of the University of Washington: Provided however, That more
than one item may be described in each of such
notices:
(2) The return to the rightful owner of documents or
materials in the possession of the museum, which documents or materials are determined to have been stolen:
Provided, That any person claiming to be the rightful
legal owner of such documents or materials who wishes
to challenge such determination by said board shall
have the right to commence a declaratory judgment action pursuant to chapter 7.24 RCW in the superior
court for King county to determine the validity of his
claim of ownership to such documents or materials.
[1975 1st ex.s. c 159 § l.]
27.40.036 Sale or trade of acquired documents or
materials--Use of proceeds. Documents or materials
acquired under the provisions of RCW 27.40.034 may
be sold, or may be traded for other documents or materials. The proceeds from the sale of any such documents or materials may be used to acquire additional
documents or materials or may be used to defray the
cost of operating the museum. [1975 1st ex.s. c 159 § 2.]
Chapter 27 .53
ARCHAEOLOGICAL SITES AND RESOURCES
Sections
27.53.010
27.53.020
27.53.030
27.53.040
27.53.050
27.53.060
27.53.070
27.53.080
27.53.090
27.53.900
Declaration.
Archaeological resource preservation, etc., declared public functions-Archaeological research center designated state agency-Cooperation enjoined.
Definitions.
Archaeological resources-Declaration.
Archaeological site recorded on state or federal register
deemed archaeological resource-Consent of landowner-Recording.
Disturbing, etc., archaeological resource or site without
permission unlawful-Exceptions.
Field investigations-Communication of site or resource location to research center.
Archaeological activities upon public lands-Entry-Agreement-Approval of activities.
Penalty.
Severability-1975 lst ex.s. c 134.
27.53.030
Preservation of historic properties, including archaeological resources:
RCW 43.51.750-43.51.820.
27.53.010 Declaration. The legislature hereby declares that the public has an interest in the conservation, preservation, and protection of the state's
archaeological resources, and the knowledge to be derived and gained from the scientific study of these resources. (1975 1st ex.s. c 134 § l.]
27.53.020 Archaeological resource preservation, etc.,
declared public functions--Archaeological research
center designated state agency--Cooperation enjoined.
The location, excavation, and study of the state's archaeological resources, the providing of information on
archaeological sites for their nomination to the state
and national registers of historic places, the maintaining
of a complete inventory of archaeological sites and collections, and the providing of information to state, federal, and private construction agencies regarding the
possible impact of construction activities on the state's
archaeological resources, are proper public functions;
and the Washington archaeological research center is
hereby designated as an appropriate agency to carry out
these functions. The legislature directs that there shall
be full cooperation amongst the office of archaeological
and historic preservation, the Washington archaeological research center and other agencies of the state. [ 1975
1st ex.s. c 134 § 2.]
Advisory council on historic preservation: RCW 43.51.790.
Preservation of archaeological and other historical properties: RCW
43.51. 750-43.51.820.
27.53.030 Definitions. Unless the context clearly requires otherwise, the definitions contained in this section shall apply throughout this chapter.
(1) "Archaeology" means systematic, scientific study
of man's past through his material remains.
(2) "Historic" means peoples and cultures who are
known through written documents in their own or other
languages.
·
(3) "Prehistoric" means peoples and cultures who are
unknown through contemporaneous written documents
in any language.
(4) "Professional archaeologist" means a person who
has extensive formal training and experience in systematic, scientific archaeology as defined in subsection ( 1)
?f this section, and who makes his or her living primarily through research in, teaching of, and/ or publication
on archaeology, and who is so recognized by members
of the profession of archaeology through his or her participation in the activities of professional organizations
of archaeologists.
(5) "Qualified archaeologist" means a person who has
had formal training and/ or experience in archaeology
over a period of at least three years, and has been certified in writing to be a qualified archaeologist by two
professional archaeologists.
(6) "Amateur society'; means any organization composed primarily of persons who are not professional archaeologists, whose primary interest is in the
archaeological resources of the state, and which has
\1975 RCW Supp--p 2171
27.53.030
Title 27:
Libraries, l\ I useums and Historical Activities
been certified in writing by two professional archaeologists. [1975 1st ex.s. c 134 § 3.]
27 .53.040 Archaeological resources--Declaration.
All sites, objects, structures, artifacts. implements, and
locations of prehistorical or archaeological interest.
whether previously recorded or still unrecognized, including, but not limited to, those pertaining to prehistoric and historic American Indian or aboriginal
burials, campsites, dwellings, and habitation sites, including rock shelters and caves, their artifacts and implements of culture such as projectile points,
arrowheads, skeletal remains, grave goods, basketry,
pestles, mauls and grinding stones, knives, scrapers,
rock carvings and paintings, and other implements and
artifacts of any material that are located in, on, or under the surface of any lands or waters owned by or under the possession, custody, or control of the state of
Washington or any county, city, or political subdivision
of the state are hereby declared to be archaeological resources. [1975 1st ex.s. c 134 § 4.]
27 .53.050 Archaeological site recorded on state or
federal register deemed archaeological resource-Consent of landowner--Recording. Any archaeological site located upon private lands or state trust lands,
which is recorded according to the provisions of RCW
43.51. 770(1 ), on the state or federal register of historic
sites and places shall be included as an archaeolo~ical
resource under the provisions of this chapter: Provided,
That no such site located upon private or state trust
land shall be so included under the provisions of this
chapter without the written consent of the landowner in
a recordable form sufficiently describing the site so that
it may be located upon the ground. The consent of the
landowner shall be recorded by the office of archaeological and historic preservat!on i~ the record~ of the
county auditor of the county m which the land 1s located and a copy of such consent shall be transmitt.ed by
the office of archaeological and historic preservat10n to
the Washington archaeological research center. [ 1975
1st ex.s. c 134 § 5.]
State register of archaeological and other historic properties: RCW
43.51.770(1).
27.53.060 Disturbing, etc., archaeological resource or
site withdut permission unlawful--Exceptions. On the
private and public lands of this state it shall be unlawful for any person, firm, or corporation to ~ilfully alter,
dig into, or excavate by use of any mechamcal, hydraulic, or other means, or to damage, deface, or destroy
any historic or pr~historic a~c~aeological .resource. or
site American Indian or abongmal camp site, dwelling
site: rock shelter, cave dwelling site, storage site, grave,
burial site, or skeletal remains and grave goods, cairn,
or tool making site, or to remove from any such land,
site, or area, grave, burial site, cave, ro~k shelter, or
cairn. any skeletal remains, artifact or implement of
stone, bone, wood, or any other material, including •. but
not limited to, projectile points, arrowheads, km~es,
awls, scrapers, beads or ornaments, basketry, mattmg,
11975 RCW Supp--p 218)
mauls, pestles. grindin.g stones,. rock carvings or p~int­
ings, or any other artifacts or implement~. or portions
or fragments thereof with<:>ut hav~ng obtamed the wntten permission of the public or pnvate landowne~. Such
written permission shall be physically prese.n~ while an.y
such activity is being conducted. The prov1s1ons of this
section shall not apply to the removal of artifacts found
exposed on the surface of th~ ground nor to the excavation and removal of artifacts from state owned
shorelands below the line of ordinary high water and
from state owned tidelands below the line of ordinary
high tide. [ 1975 I st ex.s. c 134 § 6.]
27.53.070 Field investigations--Communication of
site or resource location to research center. It is the declared intention of the legislature that field investigations on privately owned lands should .b.e discoura&e?
except in accordance with both the prov1s1ons and spmt
of this chapter and persons having knowledge of the location of archaeological sites or resources are encouraged to communicate such information to the
Washington archaeological research center. [1975 1st
ex.s. c 134 § 7.]
27 .53.080 Archaeological activities upon public
lands--Entry--Agreement--Approval of activities. Qualified or professional archaeologists, in performance of their duties, are hereby authorized to enter
upon public lands of the state of Washington and its
political subdivisions, at such times and in such manner
as not to interfere with the normal management thereof,
for the purposes of doing archaeological resourc~ location and evaluation studies, including site samplmg activities. Scientific excavations are to be carried out only
after appropriate agreement has been made between the
archaeologist and the agency or political subdivision
responsible for such lands. Notice of such agreement
shall be filed with the Washington archaeological research center and by them to the office of archaeological and historic preservation. Amateur societies may
engage in such activities by submitting and having approved by the responsible agency or political subdivision a written proposal detailing the scope and duration
of the activity. Before approval, a proposal from an
amateur society shall be submitted to the Washington
archaeological research center for review and recommendation. [1975 1st ex.s. c 134 § 8.]
27.53.090 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor. Each day of continued violation of any provision of this chapter shall constitute a distinct and
separate offense. [1975 1st ex.s. c 134 § 9.]
27.53.900 Severability--1975 1st ex.s. c 134. If
any provision of this chapter, or its application to any
person or circumstance is held invalid, the remainder of
the chapter, or the application of the provision to other
persons or circumstances is not affected. [ 1975 1st ex.s.
c 134 § 10.]
28A.02.070
General Provisions
Title 28A
COMMON SCHOOL PROVISIONS
Chapters
28A.Ol Definitions.
28A.02 General provisions.
28A.03 Superintendent of public instruction.
28A.04 State board of education.
28A.09 Vocational education generally. (See chapter
28C.04 RCW)
28A.13 Special education--Division for handicapped
children.
28A. 14 Special education--Division of recreation.
28A.2 l Educational service districts--Superintendent--Boards.
28A.24 School transportation.
28A.27 Compulsory school attendance.
28A.31 Health measures.
28A.35 Kindergartens.
28A.41 Current state school fund--School district reimbursement programs.
28A.44 Basis of apportionment at county level-County high school levy against nonhigh
school districts.
28A.45 Excise tax on real estate sales.
28A.47 School plant facilities aid--Bond issues.
28A.48 Apportionment to districts--District
accounting.
28A.52 Validating indebtedness--Bonds.
28A.56 Capital fund aid by nonhigh districts.
28A.57 Organization and reorganization of school
districts.
28A.58 Provisions applicable to all school districts.
28A.59 Provisions applicable only to first class districts.
28A.60 Provisions applicable only to second and third
class districts.
28A.65 School district budgets.
28A.66 School district warrants, auditor's duties relating
to.
28A.67 Teachers--General provisions.
28A.70 Teachers' certification.
28A.71 Teachers' institutes, workshops and other inservice training.
28A.72 Negotiations by certificated personnel.
28A.85 Sexual equality mandated for public schools.
28A.87 Offenses relating to schools, school personnel--Penalties.
28A.88 Appeals from action or nonaction of school officials and school boards.
Discrimination-Separation of sexes in dormitories, residence halls,
etc: RCW 49.60.222.
Educational employment relations act: Chapter 41.59 RCW.
Chapter 28A.Ol
DEFINITIONS
Sections
28A.01.130 Certificated employee. (Effective January I, 1976.)
"Classroom teacher" defined for pupil/teacher ratio purposes: RCW
28A.41.130.
28A.Ot.130 Certificated employee. (Effective January 1, 1976.) The term "certificated employee'' as used
in RCW 28A.58.450 through 28A.58.5 I 5, 28A.58.445,
28A.67.065, 28A.67.070, 28A.67.074 and 28A.OI.130 and
chapter 41.59 RCW, each as now or hereafter amended,
shall include those persons who hold certificates as authorized by rule or regulation of the state board of education or the superintendent of public instruction. [ 1975
lst ex.s. c 288 § 21; 1973 lst ex.s. c 105 § l.]
Effective dates-1975 1st ex.s. c 288: See RCW 41.59.940.
Severability--1975 1st ex.s. c 288: See RCW 41.59.950.
Construction of chapter-Employee's rights preserved: RCW
41.59.920.
Construction of chapter-Employer's responsibilities and rights
preserved: RCW 41.59.930.
Chapter 28A.02
GENERAL PROVISIONS
Sections
28A.02.070 Programs in observance of Veterans' Day.
28A.02.201 Private schools-Scope of state control--Generally.
28A.02.260 Professional certification not to be required of superintendents, deputy or assistant superintendents.
Educational employment relations act: Chapter 41.59 RCW.
Housing for superintendent--Second and third class districts:
RCW 28A.60.350-28A.60.352.
Learning/language disabilities, screening for: RCW 28A.03.30028A.03.320.
28A.02.070 Programs in observance of Veterans'
Day. On the Friday preceding the fourth Monday in
October of each year, there shall be presented in each
common school as defined in RCW 28A.01.060 a program suitable to the observance of Veterans' Day.
. The responsibility for the preparation and presentation of such program approximating sixty minutes in
length shall be with the principal or head teacher of
each school building and such program shall embrace
~opi.cs ~ending to instill a loyalty and devotion to the
mstltuhons and laws of this state and nation.
The superintendent of public instruction and each
educational service district superintendent, by advice
and sugg~stion, s~all aid in the preparation of such
programs 1f such aid be solicited. [1975 lst ex.s. c 275 §
45; 1970 ex.s. c 15 § 12. Prior: 1969 ex.s. c 283 § 24·
19?9 ex.s. c 176 § lO I; 1969 ex.s. c 223 § 28A.02.070~
pnor: 1955 c 20 § 3; prior: (i) 1939 c 21 § l; 1921 c 56 §
I; RRS § 4899. (ii) 1921 c 56 § 2; RRS § 4900. (iii) 1921
c 56 § 3; RRS § 4901. Formerly RCW 28.02.070.]
Severability--1970 ex.s: c _15: "If any provision of this 1970
act, or 1t~ application to any person or circumstance is
h_eld mvahd, the remamder of the act, or the application of the provis10n to other_ persons or circumstances is not affected." [1970 ex.s. c
15 § 32.] This applies to RCW 28A.02.070, 28A.10.080, 28A.I0.110,
28A.27.102, 28A.47.784, 28A.48.010, 28A.67.070 and 28A.87.030,
28B.10.280, 28B.40. l 90, 288.50.140, 28B.50.340, 28B.50.350 and
28B.50.360.
Effective date-RCW 28A.02.070--1970 ex.s. c 15: "Notwiths~andmg any_ other provision of this 1970 amendatory act, the provis10ns of section 12 hereof shall not take effect until January I 1971
and '?nly if at s~ch time or thereafter chapter 223, Laws of 1969 ex.
sess. is effective. [1970 ex.s. c 15 § 13.] Section 12 of this 1970 amendatory act is RCW 28A.02.070 above; chapter 223, Laws of 1969 ex.
sess. becomes effective July 1, 1970· see RCW 28A 98 080
amen_dato~
m~~Q
,
. . ,
(1975 RCW Supp--p 219(
28A.02.070
Title 28A:
Common School ProYisions
Selerabilitv--1969 ex.s. c 283: See note following RCW
28A.02.06 l. .
Rights presened--Severability--1969 ex.s. c 176: See notes
following RCW 28A.2 l.010.
school teacher shall file with the educational service
district in which the school is located a valid health
certificate issued by the state department of social and
health services.
28A.02.201 Prhate schools--Scope of state control--Generally. The legislature hereby recognizes
that private schools should be subject only to those
minimum state controls necessary to insure the health
and safety of all the students in the state and to insure a
sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof,
sh:i.ll not restrict or dictate any specific educational or
other programs for private schools except as hereinafter
in this section provided.
Principals of private schools or superintendents of
private school districts shall file each year with the state
superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth
are being met. noting any deviations. After review of
the statement, the state superintendent will notify
schools or school districts of those deviations which
must be corrected. In case of major deviations, the
school or school district may request and the state
board of education may grant provisional status for one
year in order that the school or school district may take
action to meet the requirements. Minimum requirements shall be as follows:
(I) The minimum school year shall be the same as
that required of public schools in RCW 28A.Ol.025 as
now or hereafter amended.
(2) The length of the school day shall be the same as
that required of public schools in RCW 28A.Ol.010 as
now or hereafter amended.
(3) All classroom teachers shall hold appropriate
Washington state certification except as follows:
(a) Teachers for religious courses or courses for which
no counterpart exists in public schools shall not be required to obtain a state certificate to teach those
courses.
(b) In exceptional cases, people of unusual competence but without certification may teach students so
long as a certified person exercises general supervision.
Annual written statements shall be submitted to the
office of the superintendent of public instruction reporting and explaining such circumstances.
(4) Appropriate measures shall be taken to safeguard
all permanent records against loss or damage.
(5) The physical facilities of the school or district
shall be adequate to meet the program offered by the
school or district: Provided, That each school building
shall meet reasonable health and fire safety
requirements.
(6) Private school curriculum shall include instruction
of the basic skills of occupational education, science,
mathematics, language. social studies, history, health,
reading. writing. spelling, and the development of appreciation of art and music, all in sufficient units for
meeting state board of education graduation
requirements.
(7) In compliance with provisions of RCW 28A.3 l.010 as now or hereafter amended and rules or regulations of the state board of education, each private
(8) Each school or school district shall be required to
maintain up-to-date policy statements related to the
administration and operation of the school or school
district.
All decisions of policy, philosophy, selection of
books, teaching material, curriculum, except as in subsection (6) above provided, school rules and administration, or other matters not specifically referred to in
this section, shall be the responsibility of the administration and administrators of the particular private
school involved. [1975 1st ex.s. c 275 § 71: 1974 ex.s. c
92 § 2.)
(1975 RCW
Sup~
220)
28A.02.260 Professional certification not to be required of superintendents, deputy or assistant superintendents. Notwithstanding any other provision of Title
28A RCW, the state board of education or superintendent of public instruction shall not require any professional certification or other qualifications of any person
elected superintendent of a local school district by that
district's board of directors, or any person hired in any
manner to fill a position designated as, or which is, in
fact. deputy superintendent, or assistant superintendent.
[1975 1st ex.s. c 254 § 3.)
Severability--1975 1st ex.s. c 254: "If any provision of this 1975
amendatory act, or its application to any person or circumstances is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 !st ex.s.
c 254 § 4.) This applies to RCW 28A.02.260, 28A.58.IOI and
28A.58.137.
Chapter 28A.03
SUPERINTENDENT OF PUBLIC INSTRUCTION
Sections
28A.03.028 Assistance of educational service district boards and superin tenden ts--Scope.
28A.03.030 Powers and duties generally.
28A.03.050 Accumulated sick leave fund established in office for all
districts--Contributions to. (Amended)
28A.03.050 Accumulated sick leave fund established in office for all
districts--Contributions to. (Repealed)
28A.03.051 Accumulated sick leave fund moneys transferred.
28A.03.095 Additional powers and duties--Report on school districts' maintenance of adequate learning resources
services.
28A.03.100 Additional powers and duties--Vocational education,
relating to.
28A.03.300 Learning/language disabilities, screening for-Purpose.
28A.03.310 Learning/language disabilities, screening for--Program--Duties prescribed.
28A.03.320 Learning/language disabilities, screening for--Short
title.
28A.03.350 Studies and adoption of classifications for school district
budgets--Publication.
Commission for vocational education, superintendent as member:
RCW 28C.04.030.
Professional certification not to be required of superintendent, deputy
or assistant superintendents: RCW 28A.02.260.
Superintendent of Public Instruction
28A.03.028 Assistance of educational service district
boards and superintendents--Scope. The superintendent of public instruction, by rule or regulation, may
require the assistance of educational service district
boards and/or superintendents in the performance of
any duty, authority, or power imposed upon or granted
to the superintendent of public instruction by law or by
the Constitution of the state of Washington, upon such
terms and conditions as the superintendent of public
instruction shall establish. Such authority to assist the
superintendent of public instruction shall be limited to
the service function of information collection and dissemination and the attestment to the accuracy and
completeness of submitted information. [ 1975 1st ex.s. c
275 § 46; 1971 ex.s. c 282 § 29.)
Severability-1971 ex.s. c 282: See note following RCW
28A.21.0 JO.
28A.03.030 Powers and duties generally. In addition
to any other powers and duties as provided by law, the
powers and duties of the superintendent of public instruction shall be:
(I) To have supervision over all matters pertaining to
the public schools of the state.
(2) To report biennially to the governor on or before
the first day of November preceding the regular session
of the legislature, of which report a sufficient number of
copies as the superintendent shall deem necessary shall
be printed and delivered to the superintendent of public
instruction, who shall furnish copies to be deposited
with the state library, to each educational service district superintendent and to each school district library
in such amount as he shall deem sufficient therefor.
Said report shall contain a statement of the general
condition of the public schools of the state, with full
statistical tables by counties showing the number of
schools and the attendance, the state and educational
service district funds apportioned, amounts received
from special taxes and from other sources, amounts expended for salaries of teachers, the salaries paid to the
educational service district superintendents and the
amount paid for incidentals and expenses; the amount
paid for building and providing schoolhouses with furniture and apparatus, the amount of bonded and other
school indebtedness, with the rate of interest paid
thereon, such reports of state educational institutions,
or such portions of them as he may think advisable, together with such other facts as he may deem of general
interest. The superintendent may include as a part of
such report any information or estimates obtained for
the purposes of RCW 43.88.090. He shall also include
in his report a statement of plans for the management
and improvement of the schools.
(3) To prepare and have printed such forms, registers,
courses of study, rules and regulations for the government of the common schools, questions prepared for
the examination of persons as provided for in RCW
28A.04.120(7), and such other material and books as
may be necessary for the discharge of the duties of
teachers and officials charged with the administration of
28A.03.030
the laws relating to the common schools, and to distribute the same to educational service district
superintendents.
(4) To travel, without neglecting his other official duties as superintendent of public instruction, for the purpose of attending educational meetings or. conventJo~s,
of visiting schools, of consulting educat1~nal service
district superintendents or other school officials.
(5) To prepare and from time to time to revise a
manual of the Washington state common school code,
which shall be sold at actual cost of publication and
distribution, said manual to contain Title 28A RCW
and such other matter as the state superintendent or the
state board of education shall determine.
(6) To act as ex officio president and the chief executive officer of the state board of education.
(7) To hold, annually, a convention of the educational service district superintendents of the state at such
time and place as he may deem convenient, for the discussion of questions pertaining to supervision and the
administration of the school laws and such other subjects affecting the welfare and interests of the common
schools as may be brought before it. Said convention
shall continue in session at the option of the superintendent of public instruction. It shall be the duty of every educational service district superintendent in this
state to attend said convention during its entire session,
and any educational service district superintendent who
attends the convention shall be reimbursed for traveling
and subsistence expenses as provided in RCW 28A.21. I 30 in attending said convention.
(8) To file all papers, reports and public documents
transmitted to him by the school officials of the several
counties or districts of the state, each year separately.
Copies of all papers filed in his office, and his official
acts, may, or upon request, shall be certified by him and
attested by his official seal, and when so certified shall
be evidence of the papers or acts so certified to.
(9) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every
educational institution in this state, a report of such
facts arranged in such manner as he may prescribe, and
he shall furnish forms for such reports; and it is hereby
made the duty of every president, manager or principal,
to complete and return such forms within such time as
the superintendent of public instruction shall direct.
(10) To keep in his office a record of all teachers receiving certificates to teach in the common schools of
this state.
(11) To issue certificates as provided by law.
(12) To keep in his office at the capital of the state,
all books and papers pertaining to the business of his
office, and to keep and preserve in his office a complete
record of statistics, as well as a record of the meetings
of the state board of education.
(13) With the assistance of the office of the attorney
general, to decide all points of law which may be submitted to him in writing by any educational service district superintendent, or that may be submitted to him
by any other person, upon appeal from the decision of
any educational service district superintendent; and he
shall publish his rulings and decisions from time to time
(1975 RCW Supp--p 2211
28.\.03.030
Title 28A:
Common School Provisions
for the information of school officials and teachers; and
his decision shall be final unless set aside by a court of
competent jurisdiction.
( 14) To administer oaths and affirmations in the discharge of his official duties.
( 15) To deliver to his successor. at the expiration of
his term of office. all records. books, maps, documents
and papers of whatever kind belonging to his office or
which may have been received by him for the use of his
office.
(16) To perform such other duties as may be required
by law. [1975 1st ex.s. c 275 § 47; 1971 ex.s. c 100 § 1;
1969 ex.s. c 176 § 102; 1969 ex.s. c 223 § 28A.03.030.
Prior: 1967 c 158 § 4; 1909 c 97 p 231 § 3; RRS § 4523;
prior: 1907 c 240 § 1; 1903 c 104 § 9; 1901 c 177 § 5;
1901 c 41 § 1; 1899 c 142 § 4; 1897 c 118 § 22; 1891 c
127 §§ L 2; 1890 pp 348-351 §§ 3, 4; Code 1881 §§
3155-3160; 1873 p 419 §§ 2-6; 1861 p 55 §§ 2, 3. 4.
Formerly RCW 28.03.030; 43.11.030.] ·
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Studies-1969 ex.s. c 283: "The superintendent of public instruction is directed to develop, prepare and make available information as
follows:
(I) A budgetary study of the fiscal impact which would result from
payment to substitute teachers, who are on a continuing basis of
twelve or more days within any calendar month, at a rate of pay
commensurate with their training and experience and at a per diem
salary in proportion to the salary for which that teacher would be eligible as a full time teacher;
(2) A study showing the percentage of high school graduates who
go on to an institution of higher education, including community colleges, the distribution of such students, and the percentage thereof
which continue in higher education through the various grades or
years thereof; and
(3) A study of the fiscal impact of establishing one hundred and
eighty days as the base salary period for all contracts with certificated
employees." [1969 ex.s. c 283 § 8.]
Severability--1969 ex.s. c 283: See note following RCW
28A.02.06 l.
28A.03.050 Accumulated sick leave fund established in office for all
districts-Contributions to. There shall be established in the office
of the superintendent of public instruction an accumulated sick leave
fund. Each school district, each office of educational service district
superintendent and board of education, and the office of superintendent of public instruction shall contribute to the fund according to a
plan established by the superintendent of public instruction based
upon the sick leave experience of the previous school year. All school
districts shall be reimbursed from this fund for payments made for
sick leave in accordance with RCW 28A.58.!00. (1975 !st ex.s. c 275 §
48; 1969 ex.s. c 176 § 103; 1969 ex.s. c 223 § 28A.03.050. Prior: 1967 c
12 § 2; 1965 ex.s. c 49 § 2. Formerly RCW 28.03.050.]
Reviser's note: (I) The amendment of this section by 1975 lst ex.s.
c 275 does not take cognizance of the section's repeal by 1975 !st ex.s.
c 60 § I.
(2) Educational service district board of education now educational
service district board, see RCW 28A.21.030.
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.03.050 Accumulated sick leave fund established in office for all
districts-Contributions to. [1969 ex.s. c 176 § 103; 1969 ex.s. c 223
§ 28A.03.050. Prior: 1967 c 12 § 2; 1965 ex.s. c 49 § 2. Formerly
RCW 28.03.050.] Repealed by 1975 1st ex.s. c 60 § I.
Reviser's note: This section was also amended by 1975 !st ex.s. c
275 § 48 without cognizance of the repeal thereof.
(1975 RCW Supp---p 2221
28A.03.051 Accumulated sick leave fund moneys
transferred. All moneys remaining in the accumulated
sick leave fund in the office of superintendent of public
instruction on the thirtieth day of June. 1975. and all
moneys thereafter paid into such fund, shall be and are
hereby transferred to the general fund of the state.
[1975 1st ex.s. c 60 § 2.]
Reviser's note: Section I of 1975 1st ex.s. c 60 repealed RCW 28A.03.050 wherein the accumulated sick leave fund was established and
its purpose set forth.
Effective date--1975 1st ex.s. c 60: "This act is necessary for the
immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions,
and shall take effect June 30, 1975." [1975 1st ex.s. c 60 § 3.] This applies to RCW 28A.03.05 I and the repeal of RCW 28A.03.050.
28A.03.095 Additional powers and duties--Report
on school districts' maintenance of adequate learning resources services. After the adoption of the standards
pursuant to RCW 28A.04.134. the superintendent of
public instruction shall survey, utilizing personnel within his department and not outside consultants, all
school districts in the state to determine which districts
maintain adequate learning resources services under
such standards and the cost necessary to maintain such
standards and, with respect to those districts not maintaining such minimum standard services, the cost necessary to increase the quality of such services to satisfy
the minimum standards. The superintendent of public
instruction shall report the results of the survey to the
1977 legislature. [1975 1st ex.s. c 127 § 2.]
28A.03.100 Additional powers and duties--Vocational education, relating to. See chapter 28C.04 RCW.
28A.03.300 Learning/language disabilities, screening
for--Purpose. The legislature recognizes as its initial
duty in carrying out its responsibility to see to the education of the children of this state the importance of
screening children within the schools to determine if
there be any of such children with learning/language
disabilities. It is the intent and purpose of RCW
28A.03.300 through 28A.03.320 to identify the number
?~children with recognizable learning/language disabilities, the type thereof, and to determine educational
methods appropriate thereto. [1975 1st ex.s. c 78 § I.]
. Sever.ability--1975 1st ex.s. c 78: "If any provision of this act, or
its application to any person or circumstance is held invalid the remainder of the act, or. the application of the provision to other persons or c1rcumstances 1s not affected." [1975 !st ex.s. c 78 § 4.] This
applies to RCW 28A.03.300, 28A.03.310 and 28A.03.320.
28A.03.310 Learning/language disabilities, screening
for--Program--Duties prescribed. The superintendent of public instruction shall, by rule or regulation in
accordan~e with chapter 34.04 RCW, adopt a program
under which all public schools within the state carrying
out an ~lementary. school program shall implement an
approp:iate scr~enmg device designed to identify children with learnmg/language disabilities to be administered to first grade students prior to their entrance into
the s.econ~ grade. After approval by the superintendent,
o: his des1gnee, of any such appropriate screening device offered by a particular school, such screening shall
State Board of Education
be administered not later than January I, 1976. The results thereof shall be forthwith transmitted to the superintendent of public instructio? -:vho shall prepare a
detailed report thereof for subm1ss1on to the governor
and to the house and senate education and ways and
means committees of the legislature prior to February I,
1976. Such reports shall include a description of the
type of learning/lang~age disabilities _identified and t.he
number of children mvolved therewith, together with
recommendations for additional legislation as the superintendent deems appropriat.e. In ~o instanc~ in conducting any program under this section shall disclosure
of any individual test score obtained pursuant to sue~
program be permitted except to the parents or g~ard1ans of such child: Provided, That such scores, without
identification of the individual concerned, may be utilized in the report and recommendations of the superintendent: Provided, That the office of the
superintendent of public instr~cti?n, th_e *educational
service districts, or the local d1stncts will not use any
additional personnel to implement RCW 28A.03.300
through 28A.03.320. [1975 1st ex.s. c 78 § 2.]
*Reviser's note: "educational service districts" is herein substituted
for "intermediate school districts", pursuant to RCW 28A.21.010 and
28A.2 l.900.
Severability-1975 1st ex.s. c 78: See note following RCW
28A.03.300.
28A.03.320 Learning/language disabilities, screening
for--Short
title.
RCW 28A.03.300 through
28A.03.320 shall be known and may be cited as the
"Screening for Learning/Language Disabilities Act".
[1975 1st ex.s. c 78 § 3.]
Severability-1975 1st ex.s. c 78: See note following RCW
28A.03.300.
28A.03.350 Studies and adoption of classifications for
school district budgets--Publication. The legislature
finds that the administration costs of school districts are
not sufficiently known to permit sound financial planning by those affected by such costs. Accordingly, the
legislature hereby authorize and directs the ~upe_n?ten­
dent of public instruction and the state auditor JOmtl.y,
and in cooperation with the senate and house committees on education, to conduct appropriate studies and
adopt classifications or revised classifications under
RCW 28A.65.050, defining what expenditures shall be
charged to each budget class including ad~inistration.
Such studies and classifications shall be published 111 the
form of a manual or revised manual, suitable for use by
the governing bodies of school districts, by the ~uperin­
tendent of public instruction, and by the legislature.
[1975 1st ex.s. c 5 § I.]
Chapter 28A.04
STATE BOARD OF EDUCATION
Sections
28A.04.040 Declarations of candidacy-Qualifications of candidates-Members restricted from service on local
boards.
28A.04.060 Election procedure-Certificate.
28A.04.065 Action to contest election-Grounds-Procedure.
28A.04.060
.
28A.04.120 Powers and duties generally.
28A.04.133 Additional powers and duties-Rules and regulat10ns
accepting national guard high school career trammg.
28A.04.134 Additional powers and duties--Rules and regulat10ns
integrating library and media services mto learmng resources services.
28A.04.145 Assistance of educational service district boards and superintendents-Scope.
Pupil/teacher ratio provisions, board rules and regulations: RCW
28A.41.130.
Real estate sales contracts, board rules and regulations: RCW
28A.58.045.
WA.04.040 Declarations of candidacy-Qualifications of candidates--Members restricted from service
on local boards. Candidates for membership on the state
board of education shall file declarations of candidacy
with the superintendent of public instruc~ion on for~s
prepared by the superintendent. Decl~rat1ons o'. candidacy may be filed by person or by mail not earl~er than
the first day of September, or later than the s1xt.ee~th
day of September. The superintende:it of pubhc mstruction may not accept any declarat10n of candidacy
that is not on file in his office or is not postmarked before the seventeenth day of September. No person employed in any school, college, uni~ersity, o~ oth_er
educational institution or any educational service district superintendt:nt's office or in the office o_f _superintendent of public instruction shall be ehg1ble for
membership on the state board of education and .each
member elected must· be a resident of the congress10nal
district from which he was elected. No member of a
board of directors of a local school district shall continue to serve in that capacity after having been elected
to the state board. [1975 1st ex.s. c 275 § 49; 1971 c 48 §
1; 1969 ex.s. c 223 § 28A.04.040. Prior: 1967 ex.s. c 67 §
6; 1955 c 218 § 5. Formerly RCW 28.04.040; 43.63.023.]
Severability--1971 c 48: "If any provision of this 1971 amendatory act, or its application to any person or. circumstance .is. held
invalid, the remainder of the act, or the applicat10n of the prov1s10n t.o
other persons or circumstances is not affected." (1971 c 48 § 55.] This
applies to RCW 28A.04.040, 28A.04.120, 28A.13.020, 28A.14.020,
28A.14.050, 28A.21.105, 28A.21.106, 28A.24.150, 28A.27.040, 28A.28.010, 28A.28.030, 28A.3 l.050, 28A.35.030, 28A.41.160, 28A.44.050,
28A.44.060, 28A.44.070, 28A.44.080, 28A.44.090, 28A.44. I 00, 28A.56.030, 28A.56.040, 28A.56.050, 28A.56.060, 28A.57.020, 28A.57.080,
28A.57.415, 28A.58.l00, 28A.58.l03, 28A.58.l50, 28A.58.560, 28A.58.603, 28A.59.080, 28A.59.150, 28A.60.070, 28A.60.186, 28A.60.210,
28A.65.080, 28A.65. I 00, 28A.65. I I 0, 28A.65.120, 28A.65. I 50, 28A.65. I 53, 28A.65.180, 28A.66.050, 28A.66.060, 28A.66.100, 28A.67.040,
28A.67.060, 28A.70.130, 28A.70.160, 28A.70.170, 28A.88.070 and
28A.96.040.
28A.04.060 Election procedure-Certificate. Each
member of the state board of education shall be elected
by a majority of the electoral points accruing from all
the votes cast at the election for all candidates for the
position. All votes shall be cast by mail addressed to the
superintendent of public instruction and no votes shall
be accepted for counting if postmarked after the sixteenth day of October following the call of the election.
The superintendent of public instruction and an election board comprised of three persons appointed by the
state board of education shall count and tally the votes
and the electoral points accruing therefrom not later
than the twenty-fifth day of October in the following
(1975 RCW Supp--p 2231
28A.O·t060
Title 28A:
Common School Provisions
manner: Each vote cast h\ a school director shall be
accorded as many electorai points as there are enrolled
students in that director's school district as determined
by the enrollment reports forwarded to the state superintendent of public instruction for apportionment purposes for the month of September of the year of
election: Prcwided. That school directors from a school
district which has more than five directors shall have
their electoral points based upon enrollment recomputed by multiplying such number by a fraction, the denominator of which shall be the number of directors in
such district. and the numerator of which shall be five;
the electoral points shall then be tallied for each candidate as the votes are counted; and it shall be the majority of electoral points which determines the winning
candidate. If no candidate receives a majority of the
electoral points cast, then, not later than the first day of
November, the superintendent of public instruction
shall call a second election to be conducted in the same
manner and at which the candidates shall be the two
candidates receiving the highest number of electoral
points accruing from such votes c~st. No vote c~st ~t
such second election shall be received for countmg 1f
postmarked after the sixteenth day of November and
the votes shall be counted as hereinabove provided on
the twenty-fifth day of November. The candidate receiving a majority of electoral points accruing from the
votes at any such second election shall be declared
elected. In the event of a tie in such second election, the
candidate elected shall be determined by a chance
drawing of a nature established by the superintendent
of public instruction. Within ten days following the
count of votes in an election at which a member of the
state board of education is elected, the superintendent
of public instruction shall certify to the secretary of
state the name or names of the persons elected to be
members of the state board of education. [ 1975 c 19 §
2; 1969 ex.s. c 283 § 25; 1969 ex.s. c 223 § 28A.04.060.
Prior: 1967 c 158 § l; 1955 c 218 § 4; 1947 c 258 § 3;
Rem. Supp. 1947 § 4525-2. Formerly RCW 28.04.060;
43.63.030.]
Severability--1975 c 19: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provJS1on to other persons or circumstances is not affected." (1975 c 19 § 3.] This applies to
RCW 28A.04.060 and 28A.04.065.
Severability--1969 ex.s. c 283: See note following RCW
28A.02.06 l.
28A.04.065
Action to contest election-Grounds--Procedure. Any common school district
board member eligible to vote for a candidate for
membership on the state board of education or any
candidate for the position, within ten days after the
state superintendent of public inst:uction's certific~tion
of election, may contest the election of the candidate
for any of the following causes:
(I) For malconduct on the part of the state superintendent of public instruction or any r:nember of the
election board with respect to such elecl!on;
(2) Because the person whose right is being contested
was not eligible for membership on the state board of
(1975 RCW Supp--p 2241
education at the time the person was certified as
elected;
(3) Because the person whose right is being _contested
gave a bribe or reward t? a voter or to an mspector.
judge or clerk of the elect10n for the purpose of procuring the person's election, or offered to do so;
.
(4) On account of illegal votes.
An action contesting an election pursuant to this section shall be conducted in compliance with RCW 29.65.020 and 29.65.040 through 29.65.120, as now or
hereafter amended. [1975 c 19 § 1.]
Severability-1975 c 19: See note following RCW 28A.04.060.
28A.04.120 Powers and duties generally. In addition
to any other powers and duties as provided by law, the
state board of education shall:
(I) Approve the program of courses leadin~ to teacher certification offered by all institutions of higher education within the state which may be accredited and
whose graduates may become entitled to receive teachers' certification.
(2) Investigate the character of the work required to
be performed as a condition of entrance to a!1d g_radu~­
tion from any institution of higher educatJon m this
state relative to teachers' certification, and prepare an
accredited list of those higher institutions of education
of this and other states whose graduates may be awarded teachers' certificates.
(3) Supervise the issuance of teachers' certificates and
specify the types and kinds of certificates necessary for
the several departments of the common schools by rule
or regulation in accordance with RCW 28A.70.005.
(4) Examine and accredit secondary schools and approve, subject to the provisions of RCW 28A.02.201,
private schools carrying out a program for any or all of
the grades one through twelve: Provided, That no public or private high schools shall be placed upon the accredited list so long as secret societies are knowingly
allowed to exist among its students by school officials.
(5) Make rules and regulations governing the establishment in any existing nonhigh school district of any
secondary program or any new grades in grades nine
through twelve. Before any such program or any new
grades are established the district must obtain prior approval of the state board.
(6) Prepare such outline of study for the common
schools as the board shall deem necessary, and prescribe such rules for the general government of the
common schools, as shall seek to secure regularity of
attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.
(7) Prepare with the assistance of the superintendent
of public instruction a uniform series of questions, with
the proper answers thereto for use in the correcting
thereof, to be used in the examination of persons, as
this code may direct, and prescribe rules and regulations for conducting any such examinations.
(8) Continuously reevaluate courses and adopt and
enforce regulations within the common schools so as to
meet the educational needs of students and articulate
with the institutions of higher education and unify the
work of the public school system.
28A.13.020
Division For Handicapped Children
(9) Prepare courses of instruction in physical education, and direct and enforce such instruction throughout
the state, with the assistance of the school officials, educational service district superintendents and the
boards of directors of the common schools.
(I 0) Carry out board powers and duties relating to
the organization and reorganization of school districts
under chapter 28A.57 RCW.
( 11) By rule or regulation promulgated upon the advice of the state fire marshal, provide for instruction of
pupils in the public and private schools carrying out a
K through 12 program, or any part thereof, so that in
case of sudden emergency they shall be able to leave
their particular school building in the shortest possible
time or take such other steps as the particular emergency demands, and without confusion or panic; such rules
and regulations shall be published and distributed to
certificated personnel throughout the state whose duties
shall include a familiarization therewith as well as the
means of implementation thereof at their particular
school.
(12) Hear and decide appeals as otherwise provided
by law. [1975 1st ex.s. c 275 § 50; 1974 ex.s. c 92 § I;
1971 ex.s. c 215 § I; 1971 c 48 § 2; 1969 ex.s. c 223 §
28A.04.120. Prior: 1963 c 32 § I; 1961 c 47 § I; prior:
(i) 1933 c 80 § I; 1915 c 161 § I; 1909 c 97 p 236 § 5;
1907 c 240 § 3; 1903 c 104 § 12; 1897 c 118 § 27; 1895 c
150 § I; 1890 p 352 § 8; Code 1881 § 3165; RRS §
4529. (ii) 1919 c 89 § 3; RRS § 4684. (iii) 1909 c 97 p
238 § 6; 1897 c 118 § 29; RRS § 4530. Formerly RCW
28.04.120, 28.58.280, 28.58.281, 28.58.282, 43.63.140.]
Professional certification not to be required of superintendents, deputy or assistant superintendent: RCW 28A.02.260.
28A.04.133 Additional powers and duties--Rules
and regulations accepting national guard high school career training. In addition to any other powers and duties as provided by law, the state board of education
shall adopt rules and regulations governing and autho-rizing the acceptance of national guard high school career training in lieu of either required high school
credits or elective high school credits. Students enrolled
in such national guard programs shall be considered
enrolled in the common school last attended preceding
enrollment in such national guard program. [1975 1st
ex.s. c 262 § I.]
28A.04.134 Additional powers and duties--Rules
and regulations integrating library and media services
into learning resources services. By January 1, 1976 the
state board of education shall adopt rules or regulations
establishing minimum standards for integrating school
district library and media services into -learning resources centers in order to improve instruction, encourage programs of learning resources services, and to
furnish a basis for continuing evaluation for such programs. [1975 1st ex.s. c 127 § I.]
28A.04.145 Assistance of educational service district
boards and superintendents-Scope. The state board
~f education, by n~le or regulation, may require the assistance of educational service district boards and/ or
superintendents in the performance of any duty, authority, or power imposed upon or granted to the state
board of education by law, upon such terms and conditions as the state board of education shall establish.
Such authority to assist the state board of education
shall be limited to the service function of information
collection and dissemination and the attestment to the
accuracy and completeness of submitted information.
[1975 1st ex.s. c 275 § 51; 1971 ex.s. c 282 § 30.]
Severability-1971 ex.s. c 282: See notes following RCW
28A.2 l.O IO.
Chapter 28A.09
VOCATIONAL EDUCATION GENERALLY
(See chapter 28C.04 RCW)
Sections
28A.09.005 Decodified.
28A.09.070 through 28A.09.200 Recodified.
28A.09.005 Decodified. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
28A.09.070 through 28A.09.200 Recodified. See Supplementary Table of Disposition of Former RCW Sections, this volume.-
Chapter 28A.13
SPECIAL EDUCATION-DIVISION FOR
HANDICAPPED CHILDREN
Sections
28A.13.020 Division administrative officer-AppointmentDuties.
Learning/language disabilities, screening for: RCW 28A.03.300-28A.03.320.
28A.13.020
Division administrative officer--ApThe superintendent of public instruction shall appoint an administrative officer of the
division. The administrative officer, under the direction
of the superintendent of public instruction, shall coordinate and supervise the program of special education
for all handicapped children in the school districts of
the state. He shall cooperate with the educational service district superintendents and local school district superintendents and with all other interested school
officials ~n ensuring .that all school districts provide an
appropnate educational opportunity for all handicapped children and shall cooperate with the state secret~ry of social and health services and with county and
regional officers on cases where medical examination or
other attention is needed. [1975 1st ex.s. c 275 § 52;
1972 ex.s. c 10 § 1. Prior: 1971 ex.s. c 66 § 3; 1971 c 48
§ 3; 1969 ex.s. c 223 § 28A.13.020; prior: 1943 c 120 §
3; Rem. Supp. 1943 § 4679-27. Formerly RCW
28.13.020.]
point~ent--Duties.
Severability-Effective date-1971 ex.s. c 66: See notes following RCW 28A.13.005.
(1975 RCW Supp--p 225)
Chapter 28A.14
Title 28A:
Common School Provisions
Chapter 28A.14
SPECIAL EDUCATION-DIVISION OF
RECREATION
Sections
28A.14.050 Local and district advisory committees--Duties.
28A.14.050 Local and district advisory committees--Duties. School district officials and the educational service district superintendents may appoint local
and/or district advisory recreation committees or designate existing community committees, with the advice of
the administrative officer. Such advisory recreation
committees shaH be appointed from representatives of
public and private youth serving agencies and citizens
interested in the educational and social welfare of children and adults. The duties of advisory recreation committees shall be to meet with school district officials and
the administrative officer for the purpose of discussing
and planning the establishment and operation of recreation programs. [1975 1st ex.s. c 275 § 53; 1971 c 48 §
5; 1969 ex.s. c 223 § 28A.14.050. Prior: 1945 c 247 § 7;
Rem. Supp. 1945 § 5109-14. Formerly RCW 28.14.050.]
Severability--1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.21
EDUCATIONAL SERVICE DISTRICTSSUPERINTENDENT-BOARDS
Sections
28A.2l.010 Purpose.
28A.21.020 Changes in number of, boundaries--Jnitiating, hearings, considerations--Superintendent's duties.
28A.2J.030 ESD board--Members--Number, from boardmember districts--Board-member district boundaries, determination of, changes in.
28A.2 J.0302 ESD board--Members--Elections, filing of candidacy, certification of names.
28A.21.0303 ESD board--Members--Terms.
28A.2J.0304 ESD board--Members--Terms, when nine member
board.
28A.21.0305 ESD board--Members--Terms, begin when-Vacancies, filling of.
28A.21.0306 ESD board--Members--Restriction on other
service.
28A.2J.035 ESD board--Retum to seven member board.
28A.21.037 ESD board--Vacation of board member position because of failure to attend meetings.
28A.21.040 School cistrict to be entirely within single educational
service district.
28A.21.050 ESD board--Members, qualification, oath, bond-Organization--Quorum.
28A.2 l .060 ESD board--Reimbursement of members for
expenses.
28A.21.070 ESD superintendent--Appointment, term, salary,
discharge.
28A.2 l .080 ESD superintendent--Qualifications.
28A.21.086 ESD board--Compliance with rules and regulations--Depository and distribution center---Cooperative service programs.
28A.2 l .088 ESD board--Teachers' institutes, directors' meetings---Cooperation with state supervisors-Apportioning funds-Certification of data.
28A.2 J.090 ESD board--Circulating libraries--District budgets--Meetings--Personnel approval--Employee
bonds--School district boundary transcripts-Acquisition and disposal of property--Bylaws, regulations--Contractual authority.
28A.2 l .092 ESD boc.rd--Payment of member expenses--Payment of dues into state-wide association of board
members, restrictions.
!1975 RCW Supp---p 226]
28A.2J.095 ESD board--Delegation of powers and duties to
superintendent.
28A.21.100 Assistant superintendents and other personnel--Appointment, salaries, duties.
28A.21.105 Certificated employees of ESD board and superintendent--Contracts of employment--Nonrenewal of
contracts.
28A.21.106 Certificated employees of ESD board and superintendent--Adverse change in contract status--Notice--Probable cause--Review--Appeal.
28A.21.l IO ESD superintendent's powers and duties--GeneraUy.
28A.2 l. Ill ESD superintendent's powers and duties--Records
and reports.
28A.21.l 12 ESD superintendent's powers and duties--Oaths and
affirmations.
28A.21.l 13 ESD superintendent's powers and duties--School district budgets--Compulsory attendance--Aid by
nonhigh districts--School district organization.
28A.2 l.120 Headquarters office--County responsibilities, termination--Records transferred, state board duties.
28A.21.130 ESD superintendents, employees--Traveling expenses
and subsistence--Advance payment.
28A.2 I. I 35 Budgeting procedures for districts.
28A.21.140 District budget--State funds, allocation of--District
general expense fund--Created, deposits,
expenditures.
28A.21.160 Funds combined into district general expense fund-Distribution formula when county part of more than
one district--Distribution if change of district
boundaries.
28A.21. I70 District budget request--Procedure for approval.
28A.21.180 County funds to go into district general expense fund,
minimum amount--Election costs--Services of
county officials--Termination of county
participation.
28A.2 I. I95 Legal services.
28A.2 I .200 Ex officio treasurer of district.
28A.21.220 Local school district superintendents to advise board
and superintendent.
28A.21.300 State supported environmental study centers-District
operation.
28A.21.900 Phrases to have meanings ascribed herein.
Investment of funds, including funds received by ESD-Authority--Procedure: RCW 28A.58.430.
Learning/language disabilities, screening for: RCW 28A.03.300-2BA.03.320.
Studies and adoption of classifications for school district budgets-Publication: RCW 28A.03.350.
28A.21.010 Purpose. It shall be the intent and purpose of this chapter to reorganize existing intermediate
school district offices in order to:
( 1) Establish intermediate school district offices as
educational service agencies which will provide cooperative and informational services to local school
districts;
(2) Assist the superintendent of public instruction
and the state board of education in the performance of
their respective statutory or constitutional duties;
(3) Make the territorial organization of intermediate
school district offices, hereafter to be known as educational service district offices, as such educational service
agencies and the school districts more readily and efficiently adaptable to the changing economic pattern and
educational programs within the state; and
(4) Provide the pupils within the state with equal educational opportunities.
After September 8, 1975 all intermediate school districts shall be known as and referred to as educational
service districts. [1975 1st ex.s. c 275 § l; 1971 ex.s. c
282 § l; 1969 ex.s. c 176 § l. Formerly RCW 28.19 .500.]
Educational Service Districts
Severabillty--1971 ex.s. c 282: "If any provision of this 1971
amendatory act, or its application to any person. or. circumstance ~s
held invalid, the remainder of the act, or the apphcatton of the provision to other persons or circumstances is not affected." [1971 ex.s. c
282 § 45.) This applies to RCW 28A.03.028, 28A.04.145, 28A.21.010
through 28A.2 l. l 00, 28A.2 l. l l 0 through 28A.2 I. l 90, 28A.2 l .220,
28A.24.080, 28A.44.050 through 28A.44. l 00, 28A.60. l 86, 28A. 77 .100,
and 28A.88.010 through 28A.88.015.
Rights preserved--1969 ex.s. c 176: "The amendment or repeal of
any section referred to herein shall not be construed as affecting any
existing right acquired under the provisions of the statutes amended
or repealed nor any rule, regulation or order adopted pursuant thereto
nor as affecting any proceeding as instituted thereunder." [1969 ex.s. c
176 § 160.)
Severability--1969 ex.s. c 176: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1969 ex.s. c 176 § 161.)
The above annotations applicable to 1969 ex.s. c 176 apply to RCW
28A.21.0IO through 28A.21.100, 28A.21.IIO through 28A.21.230,
28A.02.070, 28A.03.030, 28A.03.050, 28A.24.080, 28A.27.040, 28A.27.080, 28A.27.102, 28A.48.0JO, 28A.48.030, 28A.48.050, 28A.48.055, 28A.48.060, 28A.48.090, 28A.48.100, 28A.57.031-28A.57.033,
28A.57.035-28A.57.050, 28A.57.070-28A.57.075, 28A.57.090, 28A.57.1W-28A.57.l50, 28A.57.170-28A.57.200, 28A.57.240, 28A.57.245, 28A.57.255, 28A.57.260, 28A.57.290, 28A.57.300, 28A.57.328,
28A.57.350, 28A.57.370, 28A.57.390, 28A.58.225, 28A.58.530, 28A.67.070, 28A.70.l/fJ, 28A.70.140, 28A.71.100, 28A.87.030, 28A.87.050, 28A.87.080-28A.87.1 JO, 28A.87.170, 28A.88.020, 28B.40.380
and 28A.57.326, 29.21.080, 29.21.085, 29.21.150, 29.21.180, 36.16.050, 36. 16.070, 36.68.030, 36.68.040, 41.32.010, 41.32.420, 72.40.060-72.40.080 and 72.40.100.
28A.21.020 Changes in number of, boundaries-Initiating, hearings, considerations--Superintendent's
duties. The state board of education, at any time it
deems advisable or upon petition of any *educational
service district board, may make changes in the number
and boundaries of the *educational service districts, including an equitable adjustment and transfer of any
and all property, assets, and liabilities among the *educational service districts whose boundaries and duties
and responsibilities are increased and/or decreased by
such changes, consistent with the purposes of RCW
28A.21.0IO. Prior to making any such changes, the state
board shall hold at least one public hearing on such
proposed action and shall consider any recommendations on such proposed action.
The state board in making any change in boundaries
shall give consideration to, but not be limited by, the
following factors: Size, population, topography, and climate of the proposed district.
The superintendent of public instruction shall furnish
personnel, material, supplies, and information necessary
to enable *educational service district boards and superintendents to consider the proposed changes. [ 1971
ex.s. c 282 § 2; 1969 ex.s. c 176 § 2. Formerly RCW
28.19.505.]
*Reviser's note: "educational service district board" and "educational service districts" have been substituted herein for "intermediate
school district board" and "intermediate school districts" pursuant to
RCW 28A.21.0IO and 28A.21.900.
28A.21.030
28A.21.030 ESD board--Members--Number,
from board-member districts--Board-member district
boundaries, determination of, changes in. Except as otherwise provided in this section, in each educational
service district there shall be an educational service district board consisting of seven members elected by the
voters of the educational service district, one from each
of seven educational service district board-member districts. Board-member districts in districts reorganized
under RCW 28A.2 l .020, or as provided for in RCW
28A.2 l .035, as now or hereafter amended, and under
this section, shall be initially determined by the state
board of education. If a reorganization pursuant to
RCW 28A.2 l .020 places the residence of a board member into another or newly created educational service
district, such member shall serve on the board of the
educational service district of residence until the next
general school election at which time a new seven
member board shall be elected. If the redrawing of
board-member district boundaries pursuant to this
chapter shall cause the resident board-member district
of two or more board members to coincide, such board
members shall continue to serve on the board until the
next general school election at which time a new board
shall be elected. The board-member districts shall be
arranged so far as practicable on a basis of equal population, with consideration being given existing board
members of existing_ educational service district boards.
Each educational service district board member shall be
elected by the registered voters of the respective boardmem ber district. Beginning in 1971 and every ten years
thereafter, educational service district boards shall review and, if necessary, shall change the boundaries of
board-member districts so as to provide so far as practicable equal representation according to population of
such board-member districts and to conform to school
district boundary changes: Provided, That all boardmember district boundaries, to the extent necessary to
conform with this chapter, shall be redrawn for the
purposes of the next general school election immediately following any reorganization pursuant to this chapter. Such district board, if failing to make the necessary
changes prior to June I of the appropriate year, shall
refer for settlement questions on board-member district
boundaries to the state board of education, which, after
a public hearing, shall decide such questions. [ 1975 1st
ex.s. c 275 § 3; 1974 ex.s. c 75 § 1; 1971 ex.s. c 282 § 3;
1969 ex.s. c 176 § 3. Formerly RCW 28.19.510.]
Severability--1974 ex.s. c 75: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1974 ex.s. c
75 § 24.) This applies to 28A.21.030, 28A.21.0301, 28A.21.0302, 28A.21.0303, 28A.2 l .0304, 28A.2 l .D305, 28A.2 l .0306, 28A.2 l .035, 28A.21.095, 28A.2 l.l 00, 28A.2 l.105, 28A.2 l.l 06, 28A.2 l. ll 0, 28A.2 l.l l l,
28A.21.112, 28A.21.l 13, 28A.21.120, 28A.21.180, 28A.2 l.195 and to
the repeal of RCW 28A.21.145, 28A.21.185 and 28A.21.190.
Severability--1971 ex.s. c 282: See note following RCW
28A.21.010.
Severability--1971 ex.s. c 282: See note following RCW
28A.2 l.OIO.
Severability--Rigbts preserved--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Severability--Rigbts preserved--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
City, town and district general elections--Exceptions--Special
elections: RCW 29.13.020.
[1975 RCW Supp--p 227)
28A.21.030
Title 28A:
Common School Provisions
County auditor designated supervisor of certain elections: RCW
29.04.020.
:\/otice of election- -Certification of measures: RCW 29.27.080.
28A.2 l.0302 ESD board--Members--Elections,
filing of candidacy, certification of names. Filing for candidacy for the educational service district board shall be
with the county auditor of the headquarters county of
the educational service district not more than sixty days
nor less than forty-six days prior to the general school
election, and the auditor shall certify the names of candidates to the officials conducting the elections in the
board-member districts. [1975 1st ex.s. c 275 § 4; 1974
ex.s. c 75 § 3.]
Severability-1974 ex.s. c 75: See note following RCW
28A.2 i .030.
28A.21.0303 ESD board--Members--Terms.
The term of office for each board member shall be four
years and until a successor is duly elected and qualified.
For the first election or an election following reorganization, board-member district positions numbered one,
three, five, and seven in each educational service district
shall be for a term of four years and positions numbered two, four, and six shall be for a term of two
years. [1975 1st ex.s. c 275 § 5; 1974 ex.s. c 75 § 4.]
Severability--1974 ex.s. c 75: See note following RCW
28A.2 l .Q30.
28A.21.0304 ESD board--Members--Terms,
when nine member board. Any educational service district board may elect by resolution of the board to increase the board member size to nine board members.
In such case positions number eight and nine shall be
filled at the next general school election, position numbered eight to be for a term of two years, position
numbered nine to be for a term of four years. Thereafter the terms for such positions shall be for four years.
[1975 1st ex.s. c 275 § 6; 1974 ex.s. c 75 § 5.]
Severability--1974 ex.s. c 75: See note following RCW
28A.2 I .030.
28A.21.0305 ESD board--Members--Terms,
begin when--Vacancies, filling of. The term of every
educational service district board member shall begin
after the election returns have been certified, a certificate of election issued, and the oath of office taken. In
the event of a vacancy in the board from any cause,
such vacancy shall be filled by appointment of a person
from the same board-member district by the educational service district board. In the event that there are
more than three vacancies in a seven-member board or
four vacancies in a nine-member board, the state board
of education shall fill by appointment sufficient vacancies so that there shall be a quorum of the board serving. Each appointed board member shall serve until the
next general school election, at which time there shall
be elected a member to fill the unexpired term. [ 1975
1st ex.s. c 275 § 7; 1974 ex.s. c 75 § 6.]
Severability--1974 ex.s. c 75: See note following RCW
28A.2 I .030.
11975 RCW Supp---p 228)
28A.21.0306 ESD board--Members--Restriction on other service. No person shall serve as an employee of a school district or as a member of a board of
directors of a common school district or as a member of
the state board of education and as a member of an
educational service district board at the same time.
[1975 1st ex.s. c 275 § 8; 1974 ex.s. c 75 § 7.]
Severability--1974 ex.s. c 75: See note following RCW
28A.21.030.
28A.21.035 ESD board--Return to seven member
board. Any educational service district board which
elects under RCW 28A.2 l .0304 to increase the size of
the educational service dis'trict board from seven to
nine members, after at least four years, may elect by
resolution of the board to return to a membership of
seven educational service board members. In such case
the term of office of all existing educational service
board members shall expire at the next general school
election and seven educational service board members
shall be elected in accordance with the provisions of
RCW 28A.2 l.030, 28A.2 l.030 I through 28A.2 l.0303,
28A.2 l.0305 and 28A.2 l.0306. [ 1975 1st ex.s. c 275 § 9;
1974 ex.s. c 75 § 8; 1971 ex.s. c 282 § 4.]
Severability--197 4 ex.s. c 75: See note following RCW
28A.2 J.030.
Severability--1971 ex.s. c 282: See note following RCW
28A.21.0 JO.
28A.21.037 ESD board--Vacation of board member position because of failure to attend meetings. Absence of any educational service district board member
from four consecutive regular meetings of the board,
unless excused on account of sickness or otherwise authorized by resolution of the board, shall be sufficient
cause for the members of the educational service district board to declare by resolution that such board
member position is vacated. [1975 1st ex.s. c 275 § 10;
1971 ex.s. c 282 § 5.]
Severability--1971 ex.s. c 282: See note following RCW
28A.21.0JO.
28A.21.040 School district to be entirely within single
educational service district. Every school district must be
included entirely within a single educational service
district. If the boundaries of any school district within
an educational service district are changed in any manner so as to extend the school district beyond the
boundaries of that educational service district, the state
board shall change the boundaries of the educational
service districts so affected in a manner consistent with
the purposes of RCW 28A.21.0 IO and. this section.
[1975 1st ex.s. c 275 § 11; 1971ex.s.c282 § 6; 1969
ex.s. c 176 § 4. Formerly RCW 28.19.515.]
Severability--1971 ex.s. c 282: See note following RCW
28A.21.0JO.
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.21.050 ESD board--Members, qualification,
oath, bond--Organization--Quorum. Every candidate for member of the educational service district
Educational Service Districts
board shall be a registered voter and a resident of the
board-member district for which such candidate files.
On or before the date for taking office, every member
shall make an oath or affirmation to support the Constitution of the United States and the state of
Washington and to faithfully discharge the duties of the
office according to the best of such member's ability.
The members of the board shall not be required to give
bond unless so directed by the state board of education.
At the first meeting after each general school election
and after the qualification for office of the newly elected
members, each educational service district board shall
reorganize by electing a chairman and a vice chairman.
A majority of all of the members of the board shall
constitute a quorum. [1975 1st ex.s. c 275 § 12; 1971
ex.s. c 282 § 7; 1969 ex.s. c 176 § 5. Formerly RCW
28.19.520.]
Severability-1971 ex.s. c 282: See note following RCW
28A.21.0IO.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.060 ESD board--Reimbursement of members for expenses. The actual expenses of educational
service board members in going to, returning from and
attending meetings called or held pursuant to district
business or while otherwise engaged in the performance
of their duties under this chapter shall be paid up to the
amounts provided in RCW 43.03.050 and 43.03.060 as
now or hereafter amended; all such claims shall be approved by the educational service district board and
paid from the budget of the educational service district.
[1975 1st ex.s. c 275 § 13; 1971 ex.s. c 282 § 8; 1969
ex.s. c 176 § 6. Formerly RCW 28.19.525.]
Severability-1971 ex.s. c 282: See note following RCW
28A.21.010.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.070 ESD superintendent--Appointment,
term, salary, discharge. Every educational service district board shall appoint and set the salary of an educational service district superintendent who shall be
employed by a written contract for a term to be fixed
by the board but not to exceed four years, and who
may be discharged for sufficient cause. [1975 1st ex.s. c
275 § 14; 1971 ex.s. c 282 § 9; 1970 ex.s. c 84 § 2; 1969
ex.s. c 176 § 7. Formerly RCW 28.19.530.]
Severability-1971 ex.s. c 282: See note following RCW
28A.21.0IO.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.080 ESD superintendent--Qualifications.
To be eligible for appointment to the office of educational service district superintendent, in addition to any
other requirements under other provisions of the law, a
candidate must have a valid principal's or superintendent's credential of the state of Washington or meet other criteria specifically established by the state board of
edu~atioi:i as representing appropriate training and
quahficatton for the office of educational service district
28A.21.088
superintendent; but anyone serving as a legally qualified county or intermediate district superintendent or
deputy county or intermediate district superintendent in
the state of Washington on April 25, 1969 may be
deemed qualified to hold the office of educational service district superintendent. [1975 !st ex.s. c 275 § 15;
1971 ex.s. c 282 § 10; 1969 ex.s. c 176 § 8. Formerly
RCW 28.19.535.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.010.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.086 ESD board--Compliance with rules
and regulations--Depository and distribution center--Cooperative service programs. In addition to
other powers and duties as provided by law, every educational service district board shall:
(I) Comply with rules or regulations of the state
board of education and the superintendent of public
instruction.
(2) If the district board deems necessary, establish
and operate for the schools within the boundaries of the
educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school
district superintendents within the service area of the
educational service district.
(3) Establish cooperative service programs for school
districts within the educational service district: Provided, That on matters relating to cooperative service programs the board and superintendent of the educational
service district shall seek the prior advice of the superintendents of local school districts within the educational service district. [ 1975 I st ex.s. c 275 § 16; 1971
ex.s. c 282 § 11.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2I.O10.
28A.21.088 ESD board--Teachers' institutes, directors' meetings-Cooperation with state supervisors-Apportioning funds--Certification of data. In
addition to other powers and duties as provided by law,
every educational service district board shall:
(I) If the district board deems necessary, hold each
year one or more teachers' institutes as provided for in
RCW 28A.71.100, as now or hereafter amended, and
one or more school directors' meetings.
(2) Cooperate with the state supervisor of special aid
for handicapped children as provided in chapter 28A.13
RCW and the state supervisor of recreation as provided
in chapter 28A.14 RCW.
(3) Apportion such school funds other than state
funds as otherwise authorized by law in a manner not
i~ conflict.with state o~ f~der~l law or rules and regulations relatmg to the d1stnbutton and apportionment of
such school funds.
(4) Certify statistical data as basis for apportionment
purposes to county and state officials as provided in
chapter 28A.44 RCW.
[1975 RCW Supp--p 229)
28A.21.088
Title 28A:
Common School Provisions
(.'i) Perform such other duties as may be prescribed
h\ law or rule or regulation of the state board of educ~1tion and/ or the s~perintendent of public instruction
as provided in RCW 28A.03.028 and 28A.04. I45. [ 1975
lst ex.s. c 275 § 17; 1971 ex.s. c 282 § 12.]
Se,·erability--1971 ex.s. c 282: See note following RCW
28A.2l.O10.
28A.21.090 ESD board--Circulating libraries-District budgets--Meetings--Personnel approval--Employee bonds--School district boundary
transcripts--Acquisition and disposal of property-Bylaws, regulations--Contractual authority. In addition to other powers and duties as provided by law, every educational service district board shall:
(I) Advise with and pass upon the recommendations
of the educational service district superintendent in the
preparation of rules and regulations for the circulating
libraries established pursuant to RCW 27.16.010.
(2) Approve the budgets of the educational service
district in accorcance with the procedures provided for
in this chapter.
(3) Meet regularly according to the schedule adopted
at the organization meeting and in special session upon
the call of the chairman or a majority of the board.
(4) Approve the selection of educational service district personnel and clerical staff as provided in RCW
28A.2 l .100. as now or hereafter amended.
(5) Fix the amount of and approve the bonds for
those educational service district employees designated
by the board as being in need of bonding.
(6) Keep in the educational service district office a
full and correct transcript of the boundaries of each
school district within the educational service district.
(7) Acquire by purchase, lease, devise, bequest, and
gift and otherwise contract for real and personal property necessary for the operation of the educational
service district and to the execution of the duties of the
board and superintendent thereof and sell, lease, or
otherwise dispose of that property not necessary for
district purposes: Provided, That no real property shall
be acquired or alienated without the prior approval of
the state board of education.
(8) Adopt such bylaws and rules and regulations for
its own operation as it deems necessary or appropriate.
(9) Enter into contracts, including contracts with
common and educational service districts for the joint
financing of cooperative service programs conducted
pursuant to RCW 28A.2 l.086(3), and employ consultants and legal counsel relating to any of the duties,
functions, and powers of the educational service districts. [1975 lst ex.s. c 275 § 18; 1971 ex.s. c 282 § 13;
1971 c 53 § l; 1969 ex.s. c 176 § 9. Formerly RCW
28.19.540.]
Severability--1971 ex.s. c 282: See note following RCW
28A.2l.010.
Severability--1971 c 53: See note following RCW 28A.57.260.
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
(1975 RCW Supp--p 2301
28A.21.092 ESD board--Payment of member expenses--Payment of dues into state-wide association
of board members, restrictions. In addition to other
powers and duties prescribed by la~ every educational
service district board shall be authonzed to:
(1) Pay the expenses of its members in accordance
with law for attendance at state-wide meetings of educational service district board members.
(2) Pay dues from educational service district funds
in an amount not to exceed one hundred dollars per
board member per year for membership in a state-wide
association of educational service district board members: Provided, That dues tO such an association shall
not be paid unless the formation of such an association,
including its constitution and bylaws, is approved by a
resolution passed by at least two-thirds of the educational service district boards within the state: Provided
further, That such association if formed shall not employ any staff but shall contr~ct eit~e: with t_he
Washington state school directors assoc1at10n or with
the superintendent of public instruction for staff and
informational services. [ 1975 l st ex.s. c 275 § 19; 1971
ex.s. c 282 § 14.]
Severability-1971 ex.s. c 282: See note following RCW
28A.21.010.
28A.21.095 ESD board--Delegation of powers and
duties to superintendent. Each educational service district board, by written order filed in the headquarters
office, may delegate to the educational service district
superintendent any of the powers and duties vested in
or imposed upon the board by law or rule or regulation
of the state board of education and/or the superintendent of public instruction. Such delegated powers and
duties shall not be in conflict with rules or regulations
of the superintendent of public instruction or the state
board of education and may be exercised by the educational service district superintendent in the name of the
board. [1975 !st ex.s. c 275 § 20; 1974 ex.s. c 75 § 9;
1971 ex.s. c 282 § 15.]
Severability--1974 ex.s. c 75: See note following RCW
28A.21.030.
Severability--1971 ex.s. c 282: See note following RCW
28A.21.010.
28A.21.100 Assistant superintendents and other personnel--Appointment, salaries, duties. The educational service district superintendent may appoint with the
consent of the educational service district board assistant superintendents and such other professional personnel and clerical help as may be necessary to perform
the work of the office at such salaries as may be determined by the educational service district board and
shall pay such salaries out of the budget of the district.
In the absence of the educational service district superintendent a designated assistant superintendent shall
perform the duties of the office. The educational service
district superintendent shall have the authority to appoint on an acting basis an assistant superintendent to
perform any of the duties of the office. [ 1975 I st ex.s. c
275 § 21; 1974 ex.s. c 75 § 10; 1971 ex.s. c 282 § 16;
1969 ex.s. c 176 § 10. Formerly RCW 28.19.545.]
Educational Service Districts
Severability--1974 ex.s. c 75: See note following RCW
28A.2 l .030.
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.2l.010.
28A.21.105 Certificated employees of ESD board and
superintendent--Contracts of employment--Nonrenewal of contracts. No certificated employee of an educational service district superintendent or board shall be
employed except by written contract, which shall be in
conformity with the laws of this state. Every such contract shall be made in duplicate, one copy of which
shall be retained by the educational service district superintendent an<l the other shall be delivered to the
employee.
Every educational service district superintendent or
board determining that there is probable cause or
causes that the employment contract of a certificated
employee thereof is not to be renewed for the next ensuing term shall be notified in writing on or before
April 15th preceding the commencement of such term
of that determination, which notification shall specify
the cause or causes for nonrenewal of contract. Such
notice shall be served upon· that employee personally,
or by certified or registered mail, or by leaving a copy
of the notice at the house of his or her usual abode with
some person of suitable age and discretion then resident
therein. The procedure and standards for the review of
the decision of the superintendent or board and appeal
therefrom shall be as prescribed for nonrenewal cases of
teachers in RCW 28A.58.450 through 28A.58.5 l 5, 28A.67 .070 and 28A.88.010 and in any amendments hereafter made thereto. Appeals may be filed in the superior
court of any county in the *educational service district.
[1975 1st ex.s. c 275 § 22; 1974 ex.s. c 75 § 11; 1971 c 48
§ 6; 1969 ex.s. c 34 § 19. Like section formerly RCW
28.19.601.]
*Reviser's note: "educational service district" is herein substituted
for "intermediate school district", pursuant to RCW 28A.21.010 and
28A.2 l.900.
Severability--1974 ex.s. c 75: See note following RCW
28A.2 l .030.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.21.106 'Certificated employees of ESD board and
superintendent--Adverse change in contract status--Notice-Probable cause-Review--Appeal.
Every educational service district superintendent or
board determining that there is probable cause or
causes for a certificated employee of that superintendent or board to be discharged or otherwise adversely
affected in his contract status shall notify such employee in writing of its decision, which notice shall specify
the cause or causes for such action. Such notice shall be
served. upon that employee personally, or by certified or
registered mail, or by leaving a copy of the notice at the
house of his or her usual abode with some person of
suitable age and discretion then resident therein. The
procedure and standards for review of the decision of
the superintendent or board and appeal therefrom shall
be as prescribed in discharge cases of teachers in RCW
28A.21.l 11
28A.58.450 through 28A.58.5 I 5, 28A.67 .070 and 28A.88.010 and in any amendments hereafter made thereto.
The board and the educational service district superintendent, respectively, shall have the duties of the boards
of directors and clerks of school districts in RCW 28A.58.450 through 28A.58.5 I 5, 28A.67 .070 and 28A.88.0 I0
and in any amendments hereafter made thereto. Appeals may be filed in the superior court of any county
in the educational service district. [ 1975 I st ex.s. c 275 §
23; 1974 ex.s. c 75 § 12; 1971 c 48 § 7; 1969 ex.s. c 34 §
20. Like section formerly RCW 28.19.602.]
Reviser's note: Duties of clerks of school districts referred to above
have been transferred to chairman of the school board under later
enactments; see RCW 28A.58.450 and 28A.58.460.
Severability--1974 ex.s. c 75: See note following RCW
28A.2 l .D30.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.21.110 ESD superintendent's powers and duties--Generally. In addition to other powers and duties as provided by law, each educational service district
superintendent shall:
(I) Serve as chief executive officer of the educational
service district and secretary of the educational service
district board.
(2) Visit the schools in the educational service district, counsel with directors and staff, and assist in every
possible way to advance the educational interest in the
educational service district. [1975 1st ex.s. c 275 § 24;
1974 ex.s. c 75 § 13; 1972 ex.s. c 3 § I; 1971 ex.s. c 282
§ 17; 1969 ex.s. c 176 § 11. Formerly RCW 28.19.550.]
Severability--1974 ex.s. c 75: See note following RCW
28A.2 I .080.
Severability--1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.1 ll ES D superintendent's powers and duties--Records and reports. In addition to other powers and duties as provided by law, each educational
service district superintendent shall:
(I) Perform such record keeping, including such annual reports as may be required, and liaison and informational services to local school districts and the
superintendent of public instruction as required by rule
or regulation of the superintendent of public instruction
or state board of education: Provided, That the superintendent of public instruction and the state board of
education may require some or all of the school districts
to report information directly when such reporting procedures are deemed desirable or feasible.
(2) Keep records of official acts of the educational
service district board and superintendents in accordance with RCW 28A.21.120, as now or hereafter
amended.
(3) Preserve carefully all reports of school officers and
teachers and deliver to the successor of the office all records, books, documents, and papers belonging to the
o~ce eith~r person~lly or through a personal representahve, takmg a receipt for the same, which shall be filed
in the office of the county auditor in the county where
(1975 RCW Supp---p 231)
28A.21.111
Title 28A:
Common School Provisions
the office is located. (1975 !st ex.s. c 275 § 25; 1974 ex.s.
c 75 ~ 14.]
Se,·erability-1974 ex.s. c 75: See note following RCW
28A.2 l .030.
28A.21.112 ESD superintendent's powers and duties--Oaths and affirmations. In addition to other
powers and duties as provided by law, each educational
service district superintendent shall:
(I) Administer oaths and affirmations to school directors, teachers, and other persons on official matters
connected with or relating to schools, when appropriate,
but not make or collect any charge or fee for so doing.
(2) Require the oath of office of all school district officers be filed as provided in RCW 28A.57.322 and furnish a directory of all such officers to the county
auditor and to the county treasurer of the county in
which the school district is located as soon as such information can be obtained after the election or appointment of such officers is determined and their oaths
placed on file. [ 1975 1st ex.s. c 275 § 26; 1974 ex.s. c 75
§ 15.]
Severability-1974 ex.s. c 75: See note following RCW
28A.21.030.
28A.21.113 ESD superintendent's powers and duties--School district budgets--Compulsory attendance--Aid by nonhigh districts--School district
organization. In addition to other powers and duties as
provided by law, each educational service district superintendent shall:
(l) Assist the school districts in preparation of their
budgets as provided in chapter 28A.65 RCW.
(2) Enforce the provisions of the compulsory attendance law as provided in chapter 28A.27 RCW.
(3) Perform duties relating to capital fund aid by
nonhigh districts as provided in chapter 28A.56 RCW.
(4) Carry out the duties and issue orders creating new
school districts and transfers of territory as provided in
chapter 28A.57 RCW.
(5) Perform all other duties prescribed by law and the
educational service district board. (1975 1st ex.s. c 275 §
27; 1974 ex.s. c 75 § 16.]
Severability-1974 ex.s. c 75: See note following RCW
28A.2 I .030.
28A.21. l 20 Headquarters office-County responsibilities, termination--Records transferred, state board
duties. The educational service district board shall designate the headquarters office of the educational service
district. The board of county commissioners in each
county, when so requested by the educational service
district board, in each year prior to July 1, 1979, shall
provide the educational service district superintendent
and employees with suitable quarters and office, which
shall include heating, contents insurance, electricity,
and custodial services, for the operations of the educational service district. Commencing July 1, 1979, educational service districts shall provide for their own office
space, heating, contents insurance, electricity, and custodial services, which may be obtained through contracting with any board of county commissioners.
(1975 RCW Supp--p 2321
Official records of the educational service district board
and superintendent, including each of the county superintendents abolished by chapter 176, Laws of 1969
ex. sess., shall be kept by the educational service district
superintendent. Whenever the boundaries of any of the
educational service districts are reorganized pursuant to
RCW 28A.21.020, the state board of education shall
supervise the transferral of such records so that each
educational service district superintendent shall receive
those records relating to school districts within the appropriate educational service district. [ 1975 1st ex.s. c
275 § 28; 1974 ex.s. c 75 § 17; 1971 ex.s. c 282 § 18;
1969 ex.s. c 176 § 12. Formerly RCW 28.19.555.]
Severability-1974 ex.s. c 75: See note following RCW
28A.21.030.
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.130 ESD superintendents, employees-Traveling expenses and subsistence-Advance payment. For all actual and necessary travel in the performance of official duties and while in attendance upon
meetings and conferences, each educational service district superintendent and employee shall be reimbursed
for their actual traveling expenses and subsistence up to
the amounts provided in RCW 43.03.050 and 43.03.060
as now or hereafter amended. All claims shall be approved by the educational service district board and
paid from the funds budgeted by the district. Each educational service district superintendent and employee
may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations
promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW
43.03.150 through 43.03.210. (1975 1st ex.s. c 275 § 29;
1971 ex.s. c 282 § 19; 1969 ex.s. c 176 § 13. Formerly
RCW 28.19.560.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability-Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.21.135 Budgeting procedures for districts. The
superintendent of public instruction by rule and regulation shall adopt budgeting procedures for educational
service districts modeled after the statutory procedures
for school districts as provided in chapter 28A.65 RCW.
[1975 1st ex.s. c 275 § 30; 1971 ex.s. c 282 § 20.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2 l.010.
28A.21.140 District budget--State funds, allocation of--District general expense f und--Created,
deposits, expenditures. The superintendent of public instruction shall examine and revise the biennial budget
request of each educational service district and shall fix
the amount to be requested in state funds for the educational service district system from the legislature.
Once funds have been appropriated by the legislature,
the superintendent of public instruction shall fix the annual budget of each educational service district and
Educational Service Districts
shall allocate quarterly the state's portion from funds
appropriated for that purpose to the county treasurer of
the headquarters county of the educational service district for deposit to the credit of the educational service
district general expense fund.
In each educational service district. there shall be an
educational service district general expense fund into
which there shall be deposited such moneys as are allocated by the superintendent of public instruction under
provisions of this chapter, and such moneys as are allocated from the county current expense funds, the county institute funds, the county circulating library funds
and other funds of the educational service district, and
such moneys shall be expended according to the method used by first or second class school districts, whichever is deemed most feasible by the educational service
district board. No vouchers for warrants other than
moneys being distributed to the school districts shall be
approved for expenditures not budgeted by the educational service district board. [ 1975 l st ex.s. c 275 § 31;
1971 ex.s. c 282 § 22; 1969 ex.s. c 176 § 14. Formerly
RCW 28.19.565.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2 l.O JO.
Severability--Rights preserved--1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.21.160 Funds combined into district general expense fund--Distribution formula when county part of
more than one dlstrict--Distribution if change of district boundaries. All funds under the control of the
office of each educational service district shall be combined into the educational service district general expense fund and deposited in the office of the county
treasurer of the county in which the educational service
district head9u~rters o~ce is located. The superintendent. of pubhc mstr1:1ct10n, by rule or regulation, shall
pro~1de by an established formula for the proper distribution of moneys received from the county current exp~nse f~nd, .the county institute fund, and the county
Clfculatmg hbrary fund in those counties which are a
part of two or more educational service districts. In case
the boundaries 9f any of the educational service dist:icts are changed, the superintendent of public instruction shall order an equitable transfer of such funds from
one educational service district to another which the
superintendent ?f public instruction deems necessary to
adjust for the mcrease and decrease in the operating
costs of the respective districts for the balance of the
fiscal year and shall certify to the county commissioners
~f the affected counties a new ratio for the appropriation of funds to the general expense funds of two or
more educational service districts under RCW 28A.2 l. l 80, as now or hereafter amended. [1975 1st ex.s. c 275
§ 32; 1971 ex.s. c 282 § 23; 1969 ex.s. c 176 § 16. Formerly RCW 28.19.575.]
28A.21.195
28A.2 l.170 District budget request--Procedure for
approval. The biennial budget request of each educational service district shall be approved by the respective educational service district board and then
forwarded to the superintendent of public instruction
for revision and approval as provided in RCW 28A.2 l. l 40. [1975 lst ex.s. c 275 § 33; 1971 ex.s c 282 § 21;
1969 ex.s. c 176 § 17. Formerly RCW 28.19.580.]
Severability--1971 ex.s. c 282: See note following RCW
28A.2 l.0 JO.
Severability--Rights preserved--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.21.180 County funds to go into district general
expense fund, minimum amount--Election costs-Services of county officials--Termination of county
participation. The county commissioners of each county
shall pay the election costs of educational service board
elections held in any year prior to July I, 1979, and
shall pay each year from their county current expense
fund to the educational service district general expense
fund of the educational service district or districts in
which the county is located not less than the amount
which the county appropriated to the budget of the
county superintendent and/or intermediate district or
districts and/or intermediate school district or districts
for the year 1969: Provided, That after December 31,
1976, the county commissioners of each county shall in
each su~c~eding calendar year reduce their respective
appropnatlons to the educational service districts in
level increments of one-fourth the 1969 appropriated
amounts. In addition the county commissioners of each
county shall pay for services other than those of the
county ~reasurer. and auditor provided to any county
and/or mtermed1ate district or districts and/or intermediate school district or districts for the year 1969 but
~ot inclu?ed in. th~ 1969 budget of any county and/or
mtermed1ate d1stnct or districts and/or intermediate
school district or districts: Provided, That after June 30,
1979: the county c?mmissioners of each county may
~erm~na~e such services or charge the educational service ~1stncts for such services. The county treasurers and
auditors s~all provi~e th~ir services without charge to
the educational service districts. [ 1975 l st ex.s. c 275 §
34; 1974 ex.s. c 75 § 20; 1971 ex.s. c 282 § 24; 1969 ex.s.
c 176 § 18. Formerly RCW 28.19.585.]
Severability--1974 ex.s. c 75: See note following RCW
28A.2 I .030.
Severability--1971 ex.s. c 282: See note following RCW
28A.2 I .O IO.
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Severability--1971 ex.s. c 282: See note following RCW
28A.21.0JO.
28_A.~l.195 . Legal services. The superintendent of
pubhc mstn~ct10n shall be responsible for the provision
o~ legal services to all educational service districts: Provided, Tha~ any educational service district board may
contract. with any county for the legal services of its
prosecutmg attorney. [1975 1st ex.s. c 275 § 35; 1974
ex.s. c 75 § 23.]
Severability--Rights preserved--1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
Severability--1974 ex.s. c 75: See note following RCW
28A.21.030.
(1975 RCW Supp--p 2331
28A.21.200
Title 28A:
Common School Provisions
28A.2 l .200 Ex officio treasurer of district. The count;. treasurer of the county in which the headquarters
office of the educational service district is located shall
serve as the ex officio treasurer of the district. He shall
keep all funds and moneys of the district separate and
apart from all other funds and moneys in his custody
and shall disburse such moneys only upon proper order
of the educational service district board or superintendent. [1975 1st ex.s. c 275 § 36; 1969 ex.s. c 176 § 21.
Formerly RCW 28.19.595.]
school district superintendent" are used in any bill enacted by the legislature or found within the code of the
state of Washington they shall mean the "educational
service district", educational service district board" and
"educational service district superintendent", respectively. [1975 1st ex.s. c 275 § 155.]
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Sections
28A.24.080 Transportation routes--Procedure to establishSchool district transportation commission,
composition.
28A.24. l 50 Safe walk-ways in lieu of bus route or bus run-Reimbursement of costs, when.
28A.2 l .220 Local school district superintendents to
advise board and superintendent. The superintendents of
all local school districts within an educational service
district shall serve in an advisory capacity to the educational service district board and superintendent in matters pertaining to budgets, programs, policy, and staff.
[1975 !st ex.s. c 275 § 37; 1971 ex.s. c 282 § 28; 1969
ex.s. c 176 § 23. Formerly RCW 28.19.605.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.2 l.O IO.
28A.21.300 State supported environmental study
centers--District operation. All powers. duties and
functions of any school district relating to the operation
of a state supported environmental study center shall be
transferred to that educational service district which the
superintendent of public instruction deems will be in
the best interest of the public for the utilization of such
a center; any moneys heretofore appropriated for any
such center purposes shall be expended for this purpose
only upon the prior approval of the superintendent of
public instruction: Provided. That subsequent requests
for state supported environmental education centers'
activities shall be incorporated into the appropriate educational service districts' future budget requests, subject to usual provisions of law, and rules and
regulations promulgated for the implementation thereof.
All employees of any state supported environmental
study center on July 1, 1974 who are classified employees under chapter 41.06 RCW, the state civil service
law, shall be assigned and transferred to the respective
intermediate school district. after September 8, 1975 to
be known as educational service district, operating such
a state supported environmental center to perform their
usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and
rules governing the state civil service law. [ 1975 1st ex.s.
c 275 § 38: 1974 ex.s. c 91 § 5.]
Se,·erabilit)·-Emergency-Effective date--1974 ex.s. c 91:
See notes following RCW 70.82.0IO.
28A.21.900 Phrases to have meanings ascribed herein. It is the intent of the legislature that after September
8, 1975 where the words "intermediate school district",
"intermediate school district board" and "intermediate
(1975 RCW Supp---p 234)
Chapter 28A.24
SCHOOL TRANSPORTATION
Beneficial interests in contracts prohibited-Second and third class
school districts-Exception: RCW 28A.60.355.
28A.24.080 Transportation routes--Procedure to
establish--School district transportation commission,
composition. School district transportation routes for
purposes of state reimbursement of transportation costs
shall be recommended by the school district transportation commission in each school district and approved
by the superintendent of public instruction pursuant to
rules and regulations promulgated by the superintendent for that purpose. The commission shall be appointed by the superintendent of public instruction and
shall consist of (1) a representative of the local board of
directors, (2) a representative of the superintendent of
public instruction, and (3) a representative of the educational service district board. [1975 I st ex.s. c 275 § 54;
1971 ex.s. c 282 § 32; 1969 ex.s. c 176 § 104; 1969 ex.s.
c 223 § 28A.24.080. Prior: 1965 ex.s. c 154 § 7. Formerly RCW 28.24.080.]
Severability-1971 ex.s. c 282: See note following RCW
28A.21.0IO.
Severability--Rights preserved-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Reimbursement for transportation costs--Method: RCW
28A.41. 160.
28A.24.150 Safe walk-ways in lieu of bus route or
bus run--Reimbursement of costs, when. Whenever a
safe walk-way would result in eliminating a bus route
or bus run through the shortening of the walking distanc~ of pupils, or would provide a safe route for pupils
walkmg to school and thus eliminate the need for bus
transport.ati?n, the local board of directors of any
school d1stnct, upon approval of the school district
transportation commission, is authorized to acquire
through purchase, lease, condemnation or otherwise
any interest _in real property necessary for such purpose
and to provide for construction upon and improvement
of such property or other property to provide a safe
walk-way for pupils walking to and from school.
If the state superintendent of public instruction finds
that the acquisition and/or construction of such a safe
walk-way would result over a fifteen year period in a
financial saving to the state and school district involved,
through a reduction in said transportation costs for said
fifteen year period, then he shall reimburse any school
Compulsory School Attendance
district for its costs incurred in providing or participating in providing such approved safe walk-ways for pupils on the same basis that school districts are
reimbursed for transportation costs pursuant to RCW
28A.41.160. [1975 1st ex.s. c 275 § 55; 1971 c 48 § 8;
1970 ex.s. c 20 § 2; 1969 ex.s. c 223 § 28A.24. I 50. Prior:
1967 ex.s. c 17 § I. Formerly RCW 28.24.150.]
Severability-1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.27
COMPULSORY SCHOOL ATTENDANCE
Sections
28A.27.040 Attendance enforcement officers-AuthorityRecord and report.
28A.27.080 Annual notice of chapter provisions by ESD superintendent-Superintendent's report-Penalty for false
or failure to report.
28A.27. 102 Penalty for nonperformance of duty-Disposition of
fines.
Rules and regulations accepting national guard high school career
training: RCW 28A.04.133.
28A.27 .040 Attendance enforcement officers--Authority--Record and report. To aid in the enforcement
of RCW 28A.27.010 through 28A.27.130, attendance
officers shall be appointed and employed as follows: In
incorporated city districts the board of directors shall
annually appoint one or more attendance officers. In all
other districts the educational service district superintendent shall appoint one or more attendance officers or
may act as such himself.
The compensation of attendance officer in city districts shall be fixed and paid by the board appointing
him. The compensation of attendance officers when appointed by the educational service district superintendents shall be paid by the respective districts. An
educational service district superintendent shall receive
no extra compensation if acting as attendance officer.
Any sheriff, constable, city marshal or regularly appointed policeman may be appointed attendance
officer.
The attendance officer shall be vested with police
powers, the authority to make arrests and serve all legal
processes contemplated by RCW 28A.27.010 through
28A.27.130, and shall have authority to enter all places
in which children may be employed, for the purpose of
making such investigations as may be necessary for the
enforcement of RCW 28A.27.010 through 28A.27.130.
The attendance officer is authorized to take into custody the person of any child eight years of age and not
over fourteen years of age, who may be a truant from
school, and to conduct such child to his parents, for investigation and explanation, or to the school which he
should properly attend. The attendance officer shall institute proceedings against any officer, parent, guardian,
person, company or corporation violating any provisions of RCW 28A.27.010 through 28A.27.130, and
shall otherwise discharge the duties prescribed in RCW
28A.27.010 through 28A.27 .130, and shall perform such
other services as the educational service district superintendent or the superintendent of any school or its
board of directors may deem necessary.
28A.27.l02
The attendance officer shall keep a record of his
transactions for the inspection and information of any
school district board of directors, the educational service district superintendent or the city superintendent,
and shall make a detailed report to the city superintendent or the educational service district superintendent
as often as the same may be required. [ 1975 I st ex.s. c
275 § 56; 1971 c 48 § 9; 1969 ex.s. c 176 § 105; 1969
ex.s. c 223 § 28A.27.040. Prior: 1909 c 97 p 365 § 4;
RRS § 5075; prior: 1907 c 231 § 4; 1905 c 162 § 4.
Formerly RCW 28.27.040, 28.27.050 and 28.27.060.]
Severability-1971 c 48: See note following RCW 28A.04.040.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.27 .080 Annual notice of chapter provisions by
ESD superintendent--Superintendent's report-Penalty for false or failure to report. The educational
service district superintendent, on or before the fifteenth
day of August of each year, by printed circular or otherwise, shall call the attention of all school district officials to the provisions of RCW 28A.27.010 through
28A.27 .130, and to the penal ties prescribed for the violation of its provisions, and he shall require those officials of the school district which he shall designate to
make a report annually hereafter, verified by affidavit,
stating whether or not the provisions of RCW 28A.27.010 through 28A.27.130 have been faithfully complied
with in his district. Such reports shall be made upon
forms to be furnished by the superintendent of public
instruction and shall be transmitted to the educational
service district superintendent at such time as the educational service district superintendent shall determine,
after notice thereof. Any school district official who
shall knowingly or wilfully make a false report relating
to the enforcement of the provisions of RCW 28A.27.0 I0 through 28A.27 .130 or fail to report as herein provided shall be deemed guilty of a misdemeanor, and
upon conviction in a court of competent jurisdiction
shall be fined not less than twenty-five dollars nor more
than one hundred dollars; and any school district official who shall refuse or neglect to make the report required in this section, shall be personally liable to his
district for any loss which it may sustain because of
such neglect or refusal to report. [1975 1st ex.s. c 275 §
57; 1969 ex.s. c 176 § 106; 1969 ex.s. c 223 § 28A.27.080. Prior: 1909 c 97 p 367 § 9; RRS § 5080; prior:
1907 c 231 § 9. Formerly RCW 28.27.080 and
28.87.040.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.27 .102 Penalty for nonperformance of duty-Disposition of fines. Any school district superintendent,
teacher or attendance officer who shall fail or refuse to
perform the duties prescribed by RCW 28A.27.010
through 28A.27.130 shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less
than twenty nor more than one hundred dollars: Provided, That in c~se of a school district employee, such
fine shall. be paid to the appropriate county treasurer
and by him placed to the credit of the school district in
11975 RCW Supp--p 235)
28A.27.102
Title 28A:
Common School Provisions
which said employee is employed, and in case of all
other officers such fine shall be paid to the county treasurer of the county in which the educational service
district headquarters is located and by him placed to
the credit of the general school fund of the educational
sen ice district: Provided. That all fees. fines, forfeitures
and penalties collected or assessed by a justice court
because of the violation of a state law shall be remitted
as provided in chapter 3.62 RCW as now exists or is
later amended. [1975 !st ex.s. c 275 § 58; 1970 ex.s. c 15
§ 14. Prior: 1969 ex.s. c 199 § 53; 1969 ex.s. c 176 § 107;
1969 ex.s. c 223 § 28A.27.102; prior: 1909 p 368 § 10;
RRS § 5081; 1907 c 231 § 10; 1905 c 162 § 10; 1903 c
48 § 7. Formerly RCW 28.27.102, 28.27.100, part.]
Severability-1970 ex.s. c 15: See note following RCW
28A.02.070.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Chapter 28A.31
HEALTH MEASURES
Learning/language disabilities, screening for: RCW 28A.03.30028A.03.320.
Chapter 28A.35
KINDERGARTENS
Sections
28A.35.030 Maintained from general fund-Attendance, reports,
enumeration.
Learning/language disabilities, screening for: RCW 28A.03.30028A.03.320.
28A.35.030 Maintained from general fund--Attendance, reports, enumeration. The cost of establishing
and maintaining such kindergartens shall be paid from
the general school fund of the district. It shall be the
duty of teachers, school district superintendents and
e.ducational service district superintendents to respectively report as other school attendance is reported, the
attendance of all children five years of age or over at
such kinder~artens, and it shall thereupon be the duty
of the supenntendent of public instruction to make apportionment to the proper counties of the current state
school fund and of the respective educational service
district superintendents to apportion to the districts en~itled th~reto such funds as are apportioned by the legislature m accordance with the provisions of chapter
28A.4 l RCW. It shall be the duty of all school district
superintendents to include children four years of age
and over in the enumeration of the annual school census. [1975 !st ex.s. c 275 § 59; 1971 c 48 § 13; 1969 ex.s.
c 223 § 28A.35.030. Prior: 1917 c 127 § 1, part; RRS §
5098, part. Cf. 1911 c 82 § l; 1909 c 97 p 371 subc. 19;
1897 c 118 § 181. Formerly RCW 28.35.030, 28.35.050
and 28.35.060.]
Severability-1971 c 48: See note following RCW 28A.04.040.
(1975 RCW Supp----p 236(
Chapter 28A.41
CURRENT STATE SCHOOL FUND--SCHOOL
DISTRICT REIMBURSEMENT PROGRAMS
Sections
28A.41.130 Annual distribution of funds according to weighted enrollment. (Effective until July 1, 1976.)
28A.41.130 Annual distribution of funds according to weighted enrollment-Pupil/teacher ratio standard. (Effective
July 1, 1976.)
28A.41.160 Reimbursement for transportation costs-Method.
Investment of funds, including funds received by ESD-Authority-Procedures: RCW 28A.58.430.
28A.41.130 Annual distribution of funds according to
weighted enrollment. (Effective until July 1, 1976.)
From those funds made available by the legislature for
the current use of the common schools, the superintendent of public instruction shall distribute annually as
provided in RCW 28A.48.010 to each school district of
the state operating a program approved by the state
board of education an amount which, when combined
with the following revenues, will constitute an equal
guarantee in dollars for each weighted pupil enrolled,
based upon one full school year of one hundred eighty
days, except that for kindergartens one full school year
may be ninety days as provided by RCW 28A.58. l 80:
( 1) The receipts from the one percent tax on real estate transactions which may be imposed pursuant to
chapter 28A.45 RCW: Provided, That the funds otherwise distributable under this section to any school district in any county which does not impose a tax in the
full amount authorized by chapter 28A.45 RCW shall
be reduced by five percent; and
(2) One hundred percent of the receipts from public
utility district funds distributed to school districts pursuant to RCW 54.28.090; and
(3) One hundred percent of the receipts from federal
forest revenues distributed to school districts pursuant
to RCW 36.33.11 O; and
(4) One hundred percent of such other available revenues as the ~uperintendent of public instruction may
deem. ap~ropnate for consideration in computing state
equalization support.
Notwithstanding any other provision of this chapter,
the state shall guarantee to school districts an amount
of money from state and local funds, not less than
ninety-five per~ent of the average amount per enrolled
stu~ent, excludmg special levies, which any such district
realized from state and local funds during the preceding
three school years. [ 1973 2nd ex.s. c 4 § I; 1973 I st ex.s.
c 195 § 9; 1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§
136, 137, 138 and 139. Prior: 1972 ex.s. c 124 § I; 1972
ex.s. c 105 § 2; 1971 ex.s. c 294 § 19; 1969 c 138 § 2;
1969 ex.s. c 223 § 28A.41.130; prior: 1967 ex.s. c 140 §
3; 1965 ex.s. c 171 § I; 1965 ex.s. c 154 § 2; prior: (i)
1949 c 212 § 1, part; 1945 c 141 § 4, part; 1923 c 96 § I,
part; 1911 c 118 § 1, part; 1909 c 97 p 312 §§ 7-10,
part; Rem. Supp. 1949 § 4940-4, part. (ii) 1949 c 212 §
2, part; 1945 c 141 § 5, part; 1909 c 97 p 312 §§ 7-10,
part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW
28.41.130.]
Emergency and effective dates--1973 2nd ex.s. c 4: See notes following RCW 84.52.043.
Apportionment at County Level--Nonhigh Levy
Severability-Effective dates and termination dates--Construction-1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date---Severability-1972 ex.s. c 124: See notes following RCW 28A.44.080.
Effective date---Severability-1972 ex.s. c 105: See notes following RCW 28A.35.0IO.
28A.4 l .130 Annual distribution of funds according to
weighted enrollment--Pupil/teacher ratio standard.
(Effective July I. 1976.) From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction
shall distribute annually as provided in RCW 28A.48.010 to each school district of the state operating a program approved by the state board of education an
amount which, when combined with the following revenues, will constitute an equal guarantee in dollars for
each weighted pupil enrolled, based upon one full
school year of one hundred eighty days, except that for
kindergartens one full school year may be ninety days
as provided by RCW 28A.58.180:
(1) The receipts from the one percent tax on real estate transactions which may be imposed pursuant to
chapter 28A.45 RCW: Provided, That the funds otherwise distributable under this section to any school district in any county which does not impose a tax in the
full amount authorized by chapter 28A.45 RCW shall
be reduced by five percent; and
(2) One hundred percent of the receipts from public
utility district funds distributed to school districts pursuant to RCW 54.28.090; and
(3) One hundred percent of the receipts from federal
forest revenues distributed to school districts pursuant
to RCW 36.33.110; and
(4) One hundred percent of such other available revenues as the superintendent of public instruction may
deem appropriate for consideration in computing state
equalization support.
Operation of a program approved by the state board
of education, for the purposes of this section, shall include a finding that the ratio of pupils per classroom
teachers in grades kindergarten through three is not
greater than the ratio of pupils per classroom teacher in
grades four and above for such district: Provided, That
for the purposes of this section, "classroom teacher"
shall be defined as a certificated employee whose primary duty is th~ daily educational instruction of pupils:
Provided further, That the state board of education
shall adopt rules and regulations to insure compliance
with the pupil/teacher ratio provisions of this section,
and such rules and regulations shall allow for exemptions for those special programs and/ or school districts
which may be deemed unable to practicably meet the
pupil/teacher ratio requirements of this section by virtue of a small number of pupils.
Notwithstanding any other provision of this chapter,
the state shall guarantee to school districts an amount
of money from state and local funds, not less than
ninety-five percent of the average amount per enrolled
student, excluding special levies, which any such district
realized from state and local funds during the preceding
three school years. [1975 1st ex.s. c 211 § l; 1973 2nd
ex.s. c 4 § l; 1973 1st ex.s. c 195 § 9; 1973 c 46 § 2. See
Chapter 28A.44
also 1973 1st ex.s. c 195 §§ 136, 137, 138 and 139. Prior:
1972 ex.s. c 124 § 1; 1972 ex.s. c 105 § 2; 1971 ex.s. c
294 § 19; 1969 c 138 § 2; 1969 ex.s. c 223 § 28A.4 l.130;
prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c 171 § l; 1965
ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part; 1945 c
141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part;
1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 §
4940-4, part. (ii) 1949 c 212 § 2, part; 1945 c 141 § 5,
part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 §
4940-5, part. Formerly RCW 28.41.130.]
Effective date---1975 1st ex.s. c 211: "This act shall take effect
July 1, 1976." (1975 1st ex.s. c 211 § 2.] This applies to RCW 28A.41.130 as amended by 1975 !st ex.s. c 211 § I.
Emergency and effective dates---1973 2nd ex.s. c 4: See notes following RCW 84.52.043.
Severability-Effective dates and termination dates---Construction-1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date---Severability-1972 ex.s. c 124: See notes following RCW 28A.44.080.
Effective date---Severability-1972 ex.s. c 105: See notes following RCW 28A.35.0IO.
28A.4 l. l 60
Reimbursement for transportation
costs--Method. Reimbursement for transportation
costs shall be in addition to state assistance based upon
weighted enrollment. Transportation costs shall be reimbursed as follows:
(1) Operational reimbursement shall be limited to
ninety percent of the service costs on routes recommended by the educational service district transportation commission, and as approved by the state
superintendent, or shall be limited to ninety percent of
the average state cost per vehicle mile for the class of
vehicle approved for operation as determined by the
state superintendent, whichever is the smaller; and
(2) Costs of acquisition of approved transportation
equipment shall be limited to ninety percent to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent: Provided, That
reimbursements for the acquisition of approved transportation equipment received by school districts shall
be held within the general fund exclusively for the future purpose of approved transportation equipment and
major transportation equipment repairs consistent with
rules and regulations authorized and promulgated under RCW 28A.4 l. l 70, 28A.65.050, and 28A.65. l 80.
[1975 1st ex.s. c 275 § 60; 1972 ex.s. c 85 § 1; 1971c48
§ 14; 1969 ex.s. c 223 § 28A.41.160. Prior: 1965 ex.s. c
154 § 5. Formerly RCW 28.41.160.]
Severability-1971 c 48: See note following RCW 28A.04.040.
School district transportation commission: RCW 28A.24.080.
Chapter 28A.44
BASIS OF APPORTIONMENT AT COUNTY
LEVEL--COUNTY HIGH SCHOOL LEVY
AGAINST NONHIGH SCHOOL DISTRICTS
Sections
28A.44.060 L~st of high school districts certified by state board.
28A.44.070 List of high ~chool districts certified to county officers.
28A.44.080 School si._ipenntendent's report of nonresident pupils and
educatmg costs.
28A.44.085 ESD board to cerMy claims against nonhigh districts to
county comrruss10ners-Determination of amounts.
[1975 RCW Supp--p 237)
Chapter 28A.44
Title 28A:
Common School Pr.H'isions
28A.44.090 Certificate to county treasurer by ESD board of amount
due.
28A.4-UOO Transfer of funds h: county treasurer.
28.-\.44.060 List of high school districts certified by
state board. The state hoard of education shall provide
each educational service district board in the state with
a copy of the rules and requirements for the classification of districts and. on or before the first day of July of
each year. shall certify to every educational service district board in the state a complete list of all high school
districts in the district. [ 1975 I st ex.s. c 275 § 61: 1971
ex.s. c 282 § 34: 1971 c 48 § 16; 1969 ex.s. c 223 §
28A.44.060. Prior: 1917 c 21 § 3: RRS § 4712. Formerly
RCW 28.44.060.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.44.070 List of high school districts certified to
county officers. Each educational service district superintendent, on or before the first day of September, shall
certify to the appropriate county assessors, the county
treasurers. the county auditors, and the boards of county commissioners, a complete list of all high school districts and all nonhigh school districts in the counties
within the educational service district. [ 1975 I st ex.s. c
275 § 62: 1971 ex.s. c 282 § 35: 1971 c 48 § 17; 1969
ex.s. c 223 § 28A.44.070. Prior: 1917 c 21 § 4: RRS §
4713. Formerly RCW 28.44.070.]
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.010.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.44.080 School superintendent's report of nonresident pupils and educating costs. The superintendent of
every high school district shall certify under oath. as a
part of an annual report to the educational service district board to be made on or before the fifteenth day of
July as required by law. the following facts as nearly as
the same can be ascertained:
( 1) Name. post office address, county, and resident
school district of each nonresident high school pupil
who is not a resident of another high school district and
is enrolled in the high school, or high schools, of the
district during the school year, with the enrollment date
and departure date of each such nonresident pupil.
(2) The cost per weighted pupil of educating high
school pupils for the school year in his district. For ascertaining such cost the following items of high school
expenditure shall be used: Salaries of all high school
teachers. supervisors, principals. special instructors, superintendent and assistants, janitors, clerks, and secretaries. stenographers. and all other employees: fuel,
light. water. power. telephones, textbooks. office expenses. janitors' supplies, freight. express, drayage. rents
for high school purposes. upkeep of grounds. upkeep of
shops and laboratories, all materials used in instruction,
insurance. current ordinary repairs of every nature. inspection. promotion of health, and such other current
e\.penditures as may be necessary to efficient operation
of the high school. or high schools. Expenditures for
[1975 RCW Supp--p 2381
real estate. construction of buildings. and for other permanent improvements and fixtures shall not be included in estimating high school expenditures for the
purposes of this section. When any item. as a necessary
result of organization. covers both grade and high
school work. it shall be prorated, as nearly as practicable. by the high school district superintendent. [ 1975 I st
ex.s. c 275 § 63: 1972 ex.s. c 124 § 3; 1971 ex.s. c 282 §
36; 1971 c 48 § 18; 1969 ex.s. c 223 § 28A.44.080. Prior:
1917 c 21 § 5; RRS § 4714. Formerly RCW 28.44.080.]
Effective date-1972 ex.s. c 124: "This 1972 amendatory act is
necessary for the immediate preservation of the public peace, health
and safety and the support of the state government and its existing
public institutions, and sections 2, 3, 4, 6, 7 and 11 shall take effect
immediately; sections I, 8, 9 and JO hereof shall take effect July I,
1973; and section 5 hereof shall take effect July I, 1974." [1972 ex.s. c
124 § 12.] Sections 2, 3, 4, 6, 7 and 11 are codified as RCW 28A.44.085, 28A.44.080, 28A.44.090, 28A.44. I 1O. 28A.44. I 20 and 28A.44. I 30,
respectively, and declared effective immediately; sections I, 8 and JO
are codified as RCW 28A.4 ! . I 30, 84.52.050 and 28A.48. I I 0, respectively, and declared effective July I, 1973; section 9 is the repeal of
RCW 28A.44.050 and declared effective July I, 1973; section 5 is
codified as RCW 28A.44. IOO and declared effective July I, 1974.
Severability--1972 ex.s. c 124: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1972 ex.s. c
124 § 13.] This applies to RCW 28A.41.130, the repeal of RCW 28A.44.050. 28A.44.080, 28A.44.085, 28A.44.090, 28A.44. IOO, 28A.44. I IO,
28A.44.120, 28A.44.130, 28A.48. l IO and 84.52.050.
Severability--1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.44.085 ESD board to certify claims against nonhigh districts to county commissioners--Determination
of amounts. The educational service district board, after
verifying such reports as provided in RCW 28A.44.080
as now or hereafter amended, shall certify, on or before
the fifteenth day of August each year to the appropriate
county commissioners, the amount of claims which any
high school district in its educational service district
may have under the provisions of RCW 28A.44.045
through 28A.44. l 00 as now or hereafter amended
against any nonhigh district for the cost of educating
nonresident high school pupils of such district. In fixing
the amount of any such claim by a high school district
for educating nonresident high school pupils from such
nonhigh districts the educational service district board
shall determine the net difference between the cost of
educating high school pupils in the given high school
district per weighted pupil enrolled for the preceding
year and the total state_ guarantee, including the equal
guarantee provided for m *section I of this 1972 amendatory act, per weighted secondary pupil enrolled in
such high ~chool district for the preceding year, less any
funds received by the high school district pursuant to
Title 20, sections 236 through 244, United States Code,
for any nonresident high school pupils educated in the
high school district for such preceding year. Such
amount, when certified as provided in this section, shall
constitute a valid claim against the appropriate nonhigh
district. [1975 1st ex.s. c 275 § 64; 1972 ex.s. c 124 § 2.]
*Reviser's note: "section I of this 1972 amendatory act" refers to
RCW 28A.41.130 as amended by 1972 ex.s. c 124 § I.
School Plant Facilities Aid--Bond Issues
Effective date----Severability--1972 ex.s. c 124: See notes following RCW 28A.44.080.
28A.44.090 Certificate to county treasurer by ESD
board of amount due. The educational service district
board, on or before the first day of September, shall
certify to the appropriate county treasurer the amounts
due to each high school district in the educational service district from nonhigh school districts for educating
pupils from such nonhigh school districts, as certified
by the educational service district board to the appropriate county commissioners under RCW 28A.44.085.
[1975 1st ex.s. c 275 § 65; 1972 ex.s. c 124 § 4; 1971
ex.s. c 282 § 37; 1971 c 48 § 19; 1969 ex.s. c 223 §
28A.44.090. Prior: 1917 c 21 § 7; RRS § 4716. Formerly
RCW 28.44.090.]
Effective date----Severability-1972 ex.s. c 124: See notes following RCW 28A.44.080.
Severability-1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.44.100 Transfer of funds by county treasurer. At
the time of apportioning funds to school districts the
county treasurer shall transfer to the credit of each high
school district the amount due such district from the
nonhigh school districts as certified by the educational
service district board. The county treasurer, at the same
time, shall transfer to the credit of the high school districts of other counties such amounts as may be due the
high school districts of such other county as certified to
by the appropriate educational service district boards
acting under RCW 28A.44.090. [ 1975 I st ex.s. c 275 §
66; 1972 ex.s. c 124 § 5; 1971 ex.s. c 282 § 38; 1971 c 48
§ 20; 1969 ex.s. c 223 § 28A.44. IOO. Prior: 1917 c 21 §
8; RRS § 4717. Formerly RCW 28.44.100.]
Effective date----Severability--1972 ex.s. c 124: See notes following RCW 28A.44.080.
Severability-1971 ex.s. c 282: See note following RCW
28A.2 l.OIO.
Severability--1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.45
EXCISE TAX ON REAL ESTATE SALES
Sections
28A.45.050 Levy of tax-Rate-Disposition of proceeds.
28A.45.050 Levy of tax--Rate-Disposition of
proceeds. The county commissioners of any county are
authorized by ordinance to levy an excise tax upon
sales of real estate not exceeding one percent of the
selling price. The rate of the levy shall be determined
annually by the commissioners. The proceeds of the tax
provided for in this chapter shall be placed in the
county school fund and shall be used exclusively for the
support of the common schools: Provided, That one
percent of the proceeds of the tax provided for herein
may be placed in the current expense fund of the county: Provided, That each "educational service district superintendent shall certify each month the distribution of
the real estate excise tax from the county school fund,
for each county whose seat of government is within the
28A.47.803
*educational service district, to the general fund of each
school district in the county: Provided further, That
when a local school district board of directors, by
properly executed resolution, instructs that t~e _distribution in whole or part be credited to the building fund
and/or bond interest and redemption fund of the local
school district, the *educational service district superintendent shall certify the distribution in accordance wit~
such resolution: And provided further, That such certification of distribution to each school district in the
county shall be in proportion (using the most rece?t
data) to the number of weighted students enrolled m
each district to the number of weighted students in the
county. ( 1975 I st ex.s. c 135 § I; 1969 ex.s. c 223 §
28A.45.050. Prior: 1953 c 94 § 2; 1951 !st ex.s. c 11 § 2.
Formerly RCW 28.45.050.]
*Reviser's note: "educational service district" and "educational
service district superintendent" are herein substituted for "intermediate school district" and "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Chapter 28A.47
SCHOOL PLANT FACILITIES AID--BOND
ISSUES
Sections
28A.47 .803 1969 appropriation for construction, modernization of
school plant facilities-Basis of state aid for school
plant.
28A.47.820 Board limited when prioritizes construction.
28A.47.803 1969 appropriation for construction,
modernization of school plant facilities--Basis of state
aid for school plant. Allocations to school districts of
state funds provided by RCW 28A.47.800 through 28A.47.8 l l shall be made by the state board of education
and the amount of state assistance to a school district in
financing a school plant project shall be determined in
the following manner:
(I) The boards of directors of the districts shall determine the total cost of the proposed project, which
cost may include the cost of acquiring and preparing
the site, the cost of constructing the building or of acquiring a building and preparing the same for school
use, the cost of necessary equipment, taxes chargeable
to the project, necessary architects' fees, and a reasonable amount for contingencies and for other necessary
incidental expenses: Provided, That the total cost of the
project shall be subject to review and approval by the
state board of education.
(2) The state matching percentage for a school district shall be computed by the following formula:
The ratio of the school district's adjusted valuation
per full time equivalent pupil divided by the ratio of the
total state adjusted valuation per full time pupil shall be
subtracted from three, and then the result of the foregoing shall be divided by three plus (the ratio of the
school district's adjusted valuation per full time equivalent pupil divided by the ratio of the total state adjusted
valuation per full time pupil).
11975 RCW Supp---p 2391
28AA7.803
Title 28A:
Common School Provisions
District adjusted
Total state ad3-valuation per full +justed valuation
time equivalent
per full time
Computed pupil
equivalent pupil
State
State
- - - - - - - - - - - - =-%Assistance
Total state adRatio
District adjusted
)+valuation per full + justed valuation
time equivalent
per full time
pupil
equivalent pupil
Proi,ided. That in the event the percentage of state assistance to any school district based on the above formula is less than twenty percent and such school
district is otherwise eligible for state assistance under
RCW 28A.47.800 through 28A.47.81 l, the state board
of education may establish for such district a percentage of state assistance not in excess of twenty percent of
the approved cost of the project, if the state board finds
that such additional assistance is necessary to provide
minimum facilities for housing the pupils of the district.
(3) In addition to the computed percent of state assistance developed in (2) above, a school district shall
be entitled to additional percentage points determined
by the average percentage of growth for the past three
years. One percent shall be added to the computed percent of state assistance for each percent of growth, with
a maximum of twenty percent.
(4) The approved cost of the project determined in
the manner herein prescribed times the percentage of
state assistance derived as provided for herein shall be
the amount of state assistance to the district for the financing of the project: Provided, That need therefor
has been established to the satisfaction of the state
board of education: Provided, further, That additional
state assistance may be allowed if it is found by the
state board of education that such assistance is necessary in order to meet (a) a school housing emergency
resulting from the destruction of a school building by
fire, the condemnation of a school building by properly
constituted authorities, a sudden excessive and clearly
foreseeable future increase in school population, or other conditions similarly emergent in nature; or (b) a special school housing burden imposed by virtue of the
admission of nonresident students into educational programs established, maintained and operated in conformity with the requirements of law; or (c) a deficiency in
the capital funds of the district resulting from financing,
subsequent to April 1, 1969, and without benefit of the
state assistance provided by prior state assistance programs, the construction of a needed school building
project or projects approved in conformity with the requirements of such programs, after having first applied
for' and been denied state assistance because of the inadequacy of state funds available for the purpose, or (d)
a condition created by the fact that an excessive number of students live in state owned housing, or (e) a
need for the construction of a school building to provide for improved school district organization or racial
balance. or (t) conditions similar to those defined under
(a), (b), (c). (d) and (e) hereinabove, creating a like
emergency. [1975 !st ex.s. c 98 § I; 1974 ex.s. c 56 § 3;
1969 ex.s. c 244 § 4. Formerly RCW.28.47.803.]
Effecth"e date---1975 1st ex.s. c 98: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health,
(1975 RCW Supp---p 240(
and safety, the support of the state government and its existing public
institutions, and shall take effect July I, 1975." (1975 1st ex.s. c 98 §
3.) This applies to RCW 28A.47.803 and 28A.47.820.
Severability--1974 ex.s. c 56: See note following RCW
28A.47 .80 I.
Severability--1969 ex.s. c 244: See note following RCW
28A.47.800.
28A.47.820 Board limited when prioritizes construction. The state board of education shall prioritize the
construction of common school facilities only from
funds appropriated and available in the common school
construction fund. [I 975 I st ex.s. c 98 § 2.]
Effective date---1975 1st ex.s. c 98: See note following RCW
28A.47.803.
Chapter 28A.48
APPORTIONMENT TO DISTRICTS-DISTRICT
ACCOUNTING
Sections
28A.48.010
28A.48.030
28A.48.040
28A.48.050
28A.48.050
28A.48.055
28A.48.090
28A.48.090
28A.48. IOO
28A.48.200
By state superintendent.
Distribution by ESD superintendent.
Repealed.
Credits for nonresident attendance--Procedure for obtaining nonresident attendance credit. (Amended)
Credits for nonresident attendance--Procedure for obtaining nonresident attendance credit. (Repealed)
Private schools must report attendance.
Apportionment for third class districts may be withheld,
when. (Amended)
Apportionment for third class districts may be withheld,
when. (Repealed)
County treasurer's duties.
Appeal from certain decisions to deny student's request
to attend nonresident district--Apportionment
credit.
28A.48.010 By state superintendent. On or before
the last business day of September I 969 and each
month thereafter, the superintendent of public instruction shall apportion from the current state school fund
and/or the state general fund to the several educational
service districts of the state the proportional share of
the total annual amount due and apportionable to such
*educational service districts for the school districts
thereof as follows, except that such apportionment shall
not include state collected property tax dedicated to the
common school system, as so provided by chapter I 95,
Laws of I 973 I st ex. sess.:
September . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
October . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
November . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
December. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
January. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
February . . . . . . . . . . . . . . . . . . . . . . . . . . . .
March..........................
April........ . . . . . . . . . . . . . . . . . .
May . . . . . . . . . . . . . . . . . . . . . . . .
June . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
July..........
.......................
August . . . . . . . . . . . . . . . .
..............
10%
8%
6.5%
8.5%
13%
13%
11%
5%
5%
3%
8.5%
8.5%
At such time as the state property tax provided for by
chapter I 95, Laws of 1973 1st ex. sess. is collected, the
Apportionment to Districts--Accounting
superintendent of public instruction, based on information provided by the state treasurer, shall apportion
from the state general fund to the several educational
service districts the appropriate share of the state collected property tax due and apportionable to the educational service districts for the school districts thereof.
The annual amount due and apportionable shall be the
amount apportionable for all apportionment credits estimated to accrue to the schools during the apportionment year beginning September first and continuing
through August thirty-first. Appropriations made for
school districts for each year of a biennium shall be apportioned according to the schedule set forth in this
section for the fiscal year starting July 1 of the then
calendar year and ending June 30 of the next calendar
year. The apportionment from the state general fund for
each month shall be an amount which together with the
revenues of the current state school fund will equal the
amount due and apportionable to the several educational service districts during such month: Provided,
That any school district may petition the superintendent of public instruction for an emergency .advance of
funds which may become apportionable to it but not to
exceed ten percent of the total amount to become due
and apportionable during the school districts apportionment year. The superintendent of public instruction
shall determine if the emergency warrants such advance
and if the funds are available therefor. If he determines
in the affirmative, he may approve such advance and, at
the same time, add such an amount to the apportionment for the educational service district in which the
school district is located: Provided, That the emergency
advance of funds and the interest earned by school districts on the investment of temporary cash surpluses resulting from obtaining such advance of state funds shall
be deducted by the superintendent of public instruction
from the remaining amount apportionable to said districts during that apportionment year in which the
funds are advanced. [ 1975 l st ex.s. c 275 § 67; 1974
ex.s. c 89 § l; 1972 ex.s. c 146 § 1; 1970 ex.s. c 15 § 15.
Prior: 1969 ex.s. c 184 § 3; 1969 ex.s. c 176 § 108; 1969
ex.s. c 223 § 28A.48.010; prior: 1965 ex.s. c 162 § 1;
1959 c 276 § 3; prior: 1945 c 141 § 3, part; 1923 c 96 §
1; 1911 c 118 § l; 1909 c 97 p 312 §§ l, 2, 3; Rem.
Supp. 1945 § 4940--3, part. Formerly RCW 28.48.010.]
Reviser's note: (I) Por codification of chapter 195, Laws of 1973 Ist
ex. sess. see notes following RCW 84.52.043.
•(2) "educational service districts" is herein substituted for "intermediate school districts" pursuant to RCW 28A.21.010 and
28A.21.900.
Effective date--1972 ex.s. c 146: "This 1972 amendatory act is
necessary for the immediate preservation of the public peace, health
and safety, the support of the state government and its existing public
institutions, and section 1 shall take effect July 1, 1972, and section 2
shall take effect immediately." [1972 ex.s. c 146 § 3.] Section 1 of this
1972 act is codified as RCW 28A.48.010, declared effective July 1,
1972; section 2 of this 1972 act is codified as RCW 28A.41.175.
Severability--1970 ex.s. c 15: See note following RCW
28A.02.070.
28A.48.030 Distribution by ESD superintendent.
Upon receiving the certificate of apportionment from
the superintendent of public instruction the educational
service district superintendent shall promptly apportion
28A.48.055
to the school districts of his educational service district
the amounts then due and apportionable to such districts as certified by the superintendent of public instruction.
The
educational
service
district
superintendent shall apportion to the school districts of
his educational service district during each of the twelve
months of the year the amount then available for apportionment to such districts from the educational service district current school fund. [1975 1st ex.s. c 275 §
68; 1969 ex.s. c 176 § 109; 1969 ex.s. c 223 § 28A.48.030. Prior: 1965 ex.s. c 162 § 2; 1945 c 141 § 9; Rem.
Supp. 1945 § 4940-8. Formerly RCW 28.48.030.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.48.040 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
28A.48.050 Credits for nonresident attendance--Procedure for
obtaining nonresident attendance credit. The superintendent of any
school district whose resident pupils are attending school in another
district may notify the superintendent of the district where such pupils
attend, when the school of said pupils' resident district will be in session, and of the grades that will be maintained, and he must file a
duplicate copy of said notice with the educational service district superintendent. He must name the pupils in his notice, and it shall be
the duty of the superintendent of the district so notified, on such dates
as the educational service district superintendent shall determine, to
certify to the superintendent of the resident district the actual number
of days' attendance at school of such pupils during the time that a
school of the grade to which the pupil or pupils properly belong was
in session in their resident district. And in case said superintendent
shall fail or refuse to furnish such information to the superintendent
of the resident district, then it shall be the duty of the educational
service district superintendent to grant to the resident district for apportionment purposes attendance credit for the actual number of
days' attendance of those resident pupils attending school in such
other district. Without the notice herein required by the superintendent of the resident district, all claims to attendance will be forfeited.
[1975 1st ex.s. c 275 § 69; 1969 ex.s. c 176 § 110; 1969 ex.s. c 223 §
28A.48.050. Prior: 1909 c 97 p 312 § 5; RRS § 4875. Formerly RCW
28.48.050.]
Reviser's note: The amendment of this section by 1975 !st ex.s. c
275 does not take cognizance of the section's repeal by 1975 !st ex.s. c
66 § 3.
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.48.050 Credits for nonresident attendance--Procedure for
obtaining nonresident attendance credit. [ 1969 ex.s. c 176 § 110; 1969
ex.s. c 223 § 28A.48.050. Prior: 1909 c 97 p 312 § 5; RRS § 4875.
Formerly RCW 28.4&.050.] Repealed by 1975 !st ex.s. c 66 § 3.
Reviser's note: This section was also amended by 1975 I st ex.s. c
275 § 69 without cognizance of the repeal thereof.
28A.48.055 Private schools must report attendance. It
shall be the duty of the administrative or executive authority of every private school in this state to report to
the educational service district superintendent on or before the thirtieth day of June in each year, on a form to
be furnis~ed, such information as may be required by
the supermtendent of public instruction, to make complete the records of education work pertaining to all
children residing within the state. [1975 1st ex.s. c 275 §
70; 1969 ex.s. c 176 § 111; 1969 ex.s. c 223 § 28A.48.055. Prior: 1933 c' 28 § 14; 1913 c 158 § 1; 1909 c 97 p
313 § 6; RRS § 4876. Formerly RCW 28.48.055;
28.27.020.J
(1975 RCW Supp--p 2411
28A.48.055
Title 28A:
Common School Provisions
Rights preserved-Severabilin-1969 ex.s. c 176: See notes
following RC\\ 28A.2 l.OIO.
.
28A.48.090 Apportionment for third class districts may be withheld,
when. Whenever any school board of any third class district shall neglect or refuse to comply with the provisions of RCW 28A.60.186, it
shall be the dut) of the educational service d1stnct superintendent to
withhold the entire apportionment accruing to said district until such
time as full compliance with requirements thereof has been made.
[1975 1st ex.s. c 275 § 72: 1969 ex.s. c 176 § 113; 1969 ex.s. c 223 §
28A.48.090. Prior: 1909 c 97 p 314 § 13; RRS § 4883. Formerly RCW
28.48.090.]
Reviser's note: The amendment of this section by 1975 1st ex.s. c
275 does not take cognizance of the section's repeal by 1975 c 43 § 36.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.48.090 Apportionment for third class districts may be withheld,
when. [1969 ex.s. c 176 § 113; 1969 ex.s. c 223 § 28A.48.090. Prior:
1909 c 97 p 314 § 13; RRS § 4883. Formerly RCW 28.48.090.] Repealed by 1975 c 43 § 36.
Reviser's note: This section was also amended by 1975 !st ex.s. c
275 § 72 without cognizance of the repeal thereof.
28A.48.100 County treasurer's duties. The county
treasurer of each county of this state shall be ex officio
treasurer of the several school districts of their respective counties, and, except as otherwise provided by law,
it shall be the duty of each county treasurer:
(1) To receive and hold all moneys belonging to such
school districts, and to pay them out only on warrants
legally issued.
(2) To certify to the educational service district superintendent and the auditor of his county, at least
quarterly each year, the amount of all school funds in
his possession subject to apportionment on the last day
of the preceding month, which certificate shall specify
the source or sources from which said moneys were
derived.
(3) To make annually, on or before the twenty-fifth
day of July, a report to the educational service district
superintendent and auditor of his county. which report
shall show the amount of school funds on hand at the
beginning of the school year last past belonging to each
school district; the amount of funds placed to the credit
of each school district during the school year ending
June 30th, last past, and the sources from which said
funds were derived; the amount of warrants registered
during the year, the amount of funds disbursed upon
warrants of each school district during the year; the
amount of funds remaining in his possession at the
close of the school year subject to be paid out upon
warrants, and the fund to which said moneys belong;
also the amount of all unpaid warrants or bonds appearing upon his register at the close of the school year.
(4) He shall register all school warrants presented to
him by the county auditor in a book to be known as the
"Treasurer's School District Warrant Register," which
register shall show the date issued, number of warrant,
to whom issued. amount and purpose, date registered,
date advertised, interest if any accruing on said warrant. total as redeemed, date redeemed and to whom
paid. If the district has money in the fund on which the
warrant is drawn no endorsement on the warrant is
(1975 RCW Supp--p 2421
necessary, but if there be no monev to the credit of the
fund on which the warrant is registered he shall endorse
on said warrant the following: "This warrant bears interest at _____ percent per annum from _________ _
until called for payment. __________ County Treasurer.
By __________ Deputy." All warrants shall be paid in
the order of their presentation to the county treasurer:
and it is hereby made the duty of the county treasurer
to advertise, at least quarterly. all warrants which he is
prepared to pay, in the same manner in which he is required to advertise county warrants, and after the date
fixed in said notice, warrants shall cease to draw
interest.
(5) He shall prepare and submit to each school district superintendent in his county a written report of the
state of the finances of such district on the first day of
each month, which report shall be submitted not later
than the seventh day of said month, certified to by the
county auditor, which report shall contain the balance
on hand the first of the preceding month, the funds paid
in, warrants paid with interest thereon, if any, the number of warrants issued and not paid, and the balance on
hand.
(6) After each monthly settlement with the county
commissioners the treasurer of each county shall submit
a statement of all canceled warrants of districts to the
respective school district superintendents, which statement shall be verified to by the county auditor. The
canceled warrants of each district shall be preserved
separately and shall at all times be open to inspection
by the school district superintendent or by any authorized accountant of such district. [1975 1st ex.s. c 275 §
73; 1969 ex.s. c 176 § 114; 1969 ex.s. c 223 § 28A.48.100. Prior: 1911 c 85 § 1; 1909 c 97 p 309 § 1; RRS §
4867; prior: 1907 c 240 § 8; 1897 c 118 § 59; 1893 c 109
§ 8; 1891 c 127 § 27; 1890 p 380 § 71; 1886 p 26 § 83;
Code 1881 § 3236. Formerly RCW 28.48.100.]
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.48.200 Appeal from certain decisions to deny
student's request to attend nonresident district--Apportionment credit. See RCW 28A.58.243.
Chapter 28A.52
VALIDA TING INDEBTEDNESS-BONDS
Sections
28A.52.050 Authority t~ borrow, issue bonds--Bond procedure,
mterest, signatures.
28A.52.050 Authority to borrow, issue bonds-Bond procedure, interest, signatures. If the indebtedness
o'. sue? sc~ool district is validated and ratified, as provided m this chapter, by three-fifths of the voters voting
at such election, the board of directors of such school
distri_ct, without any further vote, may borrow money
and issue negotiable coupon bonds therefor in accordance with the provisions of chapter 39.44 RCW.
Except as provided in RCW 39.44.100 for facsimile
signatures, in all school districts of the second class,
said bonds, with the coupons, must be signed by the
Capital Fund Aid by Nonhigh Districts
board of directors and countersigned by the school district superintendent and in school districts of the first
class said bonds, with the coupons, must be signed in
the corporate name of the district by the president of
the board of directors thereof. [ 1975 c 43 § 2; 1969 ex.s.
c 223 § 28A.52.050. Prior: 1909 c 97 p 333 § 5; RRS §
4960; prior: 1897 c 118 § 132; 1895 c 21 § 5. Formerly
RCW 28.52.050.]
Effective date--Severability-1975 c 43: See notes following
RCW 28A.57.140.
Chapter 28A.56
CAPITAL FUND AID BY NONHIGH DISTRICTS
Sections
28A.56.030
28A.56.040
28A.56.050
28A.56.060
Public hearing-Notice.
Review by state board-Approval-Revised plan.
Bond, excess levy, elections-Use of proceeds.
Rejection by voters of nonhigh districts-Additional
elections-Revised plan-Annexation proposal.
28A.56.030 Public hearing--Notice. The said
county committee shall also hold a public hearing or
hearings on any proposed plan: Provided, That three
members of the committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold such
public hearing or hearings and to submit a report
thereof to the county committee. The county committee
shall cause to be posted, at least ten days prior to the
date appointed for any such hearing, a written or printed notice thereof in at least three prominent and public
places in the school districts involved and at the place
of hearing. [1975 1st ex.s. c 275 § 74; 1971 c 48 § 21;
1969 ex.s. c 223 § 28A.56.030. Prior: 1959 c 262 § 4;
1955 c 344 § 3; 1953 c 229 § 3. Formerly RCW
28.56.030.]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.56.040 Review by state board--Approval-Revised plan. Subsequent to the holding of a hearing or
hearings as aforesaid, the county committee shall determine the nonhigh school districts to be included in the
plan and the amount of capital funds to be provided by
every district included therein, and shall submit the
proposed plan to the state board of education together
with such maps and other materials pertaining thereto
as the state board may require. The state board shall
review such plan, shall approve any plan which in its
judgment makes adequate and satisfactory provision for
participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall notify the county committee of such
action. Upon receipt by the county committee of such
notification, the educational service district superintendent shall notify the board of directors of each school
district included in the plan, supplying each board with
complete details of the plan and shall state the total
amount of funds to be provided and the amount to be
provided by each district.
If any such plan submitted by a county committee is
not approved by the state board, the county committee
shall be so notified, which notification shall contain a
28A.56.060
statement of reasons therefor and suggestions for revision. Within sixty days thereafter the county committee
shall submit to the state board a revised plan which revision shall be subject to the procedural requirements
and provisions of law applicable to an original plan
submitted to said board. [1975 !st ex.s. c 275 § 75; 1971
c 48 § 22; 1969 ex.s. c 223 § 28A.56.040. Prior: 1959 c
262 § 5; 1955 c 344 § 4; 1953 c 229 § 4. Formerly RCW
28.56.040.]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.56.050 Bond, excess levy, elections--Use of
proceeds. Within sixty days after receipt of the notice of
approval from the educational service district superintendent, the board of directors of each school district
included in the plan shall submit to the voters thereof a
proposal or proposals for providing, through the issuance of bonds and/or the authorization of an excess tax
levy, the amount of capital funds that the district is required to provide under the plan. The proceeds of any
such bond issue and/or excess tax levy shall be credited
to the building fund of the school district in which the
proposed high school facilities are to be located and
shall be expended to pay the cost of high school facilities for the education of such students residing in the
school districts as are included in the plan and not otherwise. [1975 lst ex.s. c 275 § 76; 1971 c 48 § 23; 1969
ex.s. c 223 § 28A.56.050. Prior: 1959 c 262 § 6; 1955 c
344 § 5; 1953 c 229 § 5. Formerly RCW 28.56.050.]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.56.060 Rejection by voters of nonhigh districts--Additional elections--Revised plan--Annexation proposal. In the event that a proposal or
proposals for providing capital funds as provided in
RCW 28A.56.050 is not approved by the voters of a
nonhigh school district a second election thereon shall
be held within sixty days thereafter. If the vote of the
electors of the nonhigh school district is again in the
negative, the high school students residing therein shall
not be entitled to admission to the high school under
the provisions of RCW 28A.58.230, following the close
of the school year during which the second election is
held: Provided, That in any such case the county committee shall determine within thirty days after the date
of the aforesaid election the advisability of initiating a
proposal for annexation of such nonhigh school district
to the school district in which the proposed facilities are
to be located or to some other district where its students
can attend high school without undue inconvenience:
Provided further, That pending such determination by
the county committee and action thereon as required by
law the board of directors of the high school district
shall continue to admit high school students residing in
the nonhigh school district. Any proposal for annexation of a nonhigh school district initiated by a county
committee shall be subject to the procedural requirements of this chapter respecting a public hearing and
submission to and approval by the state board of education. Upon approval by the state board of any such
proposal, the educational service district superintendent
(1975 RCW Supp----p 243)
28A.56.060
Title 28A:
Common School Provisions
shall make an order. establishing the annexation. [ 1975
!st e\..s. c 275 § 77: 1971 c 48 f 24: 1969 ex.s. c 223 §
2~A.56.060. Prior: 1959 c 262 § 7: 1955 c 344 § 6: 1953
c 229 6. Formerly RCW 28.56.060.]
*
Severability--1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.57
ORGANIZATION AND REORGANIZATION OF
SCHOOL DISTRICTS
Sections
28A.57.020 Definitions.
28A.57.03 I County committees--Membership limitation.
28A.57.032 County committees--Election of members--Representation qualifications--Membership service disability--Secretary when more than one
superintendent (as amended by 1975 c 43).
28A.57.032 County committees--Election of members--Representation qualifications--Membership service disability--Secretary when more than one
superintendent (as amended by 1975 !st ex.s. c 275).
28A.57.033 County committees--Vacancies, filling of.
28A.57.040 County committees--Organization, meetings, quorum,
of county committee.
28A.57.050 County committees--Powers and duties of county
committee (as amended by 1975 c 43).
28A.57.050 County committees--Powers and duties of county
committee (as amended by 1975 I st ex.s. c 275).
28A.57.070 Action upon board's report.
28A.57.075 Adjustment of bonded indebtedness--Special election
in certain cases.
28A.57.080 Notice of election--Contents--Posting.
28A.57.090 Vote, how determined--ESD superintendent's order--Certification--Effective date.
28A.57.130 Organization of school districts.
28A.57. I40 Classes of districts--Change of classification (as
amended by 1975 c 43).
28A.57 .140 Classes of districts--Change of classification (as
amended by 1975 !st ex.s. c 275).
28A.57.145 Classes of districts--Change of classification--Delay of authorized.
28A.57.150 City or town districts.
28A.57. I 70 Petition for reorganization.
28A.57.180 Transfer of territory--By petition--By ESD superintendent, limitation, when election required.
28A.57. I 90 Annexation of district bounded on three sides by high
school district.
28A.57.200 Dissolution and annexation of depopulated districts-Annexation of nondistrict property (as amended by
1975 1st ex.s. c 23).
28A.57.200 Dissolution and annexation of depopulated districts-Annexation of nondistrict property (as amended by
1975 I st ex.s. c 275).
28A.57.240 Joint school districts--Change or adjustment of joint
districts--Procedure generally.
28A.57.245 Joint school districts--Change or adjustment of joint
districts--Procedure when one committee does not
approve, or fails to act--Temporary committee.
28A.57.255 Joint school districts--Special rules for electors voting
for directors or ESD board members.
28A.57.290 Joint school districts--Apportionment of tax to be
levied.
28A.57.300 Joint school districts--Levy of tax--Remittance of
collections to district treasurer.
28A.57.3 I 2 Directors--Elections--Terms--Number.
28A.57.324 Directors--Meetings.
28A.57.326 Directors--Filling vacancies.
28A.57.328 Directors--Number and terms of in new second class
districts (as amended by 1975 c 43).
28A.57.328 Directors--Number and terms of in new second or
third class districts (as amended by 1975 I st ex.s. c
275).
(1975 RCW Supp----p 244(
28A.57.329 Directors--Number and terms of in new second class
districts due to elimination of third class district
classification.
28A.57.332 Repealed.
28A.57.342 Directors' districts in certain school districts--Submittal of proposition at formation election.
28A.57.344 Directors' districts in certain school districts--Election
to authorize division in school districts not already divided into directors' districts.
28A.57.355 Directors--Number and terms of in first class districts
containing no former first class district.
28A.57.356 Directors--Number and terms of in first class districts
containing only one former first class district (as
amended by 1975 c 43).
28A.57.356 Directors--Number and terms of in first class districts
containing only one former first class district (as
amended by 1975 !st ex.s. c 275).
28A.57.357 Directors--Number and terms of in first class districts
containing more than one former first class district (as
amended by 1975 c 43).
28A.57.357 Directors--Number and terms of in first class districts
containing more than one former first class district (as
amended by 1975 !st ex.s. c 275).
28A.57.358 Directors--Number and terms of in new first class
district having enrollment of 50,000 in class AA counties (as amended by 1975 c 43).
28A.57.358 Directors--Number and terms of in new first class
district having enrollment of 50,000 in class AA counties (as amended by 1975 !st ex.s. c 275).
28A.57.390 Directors--Map and record of directors' districts.
28A.57.415 Directors--Dissolution of directors' districts (as
amended by 1975 c 43).
28A.57.415 Directors--Dissolution of directors' districts (as
amended by 1975 !st ex.s. c 275).
28A.57.020
Definitions. As used in this chapter:
(1) "Change in the organization and extent of school
districts'' means the formation and establishment of
new school districts, the dissolution of existing school
districts, the alteration of the boundaries of existing
school districts, or all of them.
(2) "County committee" means the county committee
on school district organization created by this chapter.
(3) "State boar'd" means the state board of education.
(4) "School district" means the territory under the jurisdiction of a single governing board designated and
referred to as the board of directors.
(5) "Educational service district superintendent"
means the educational service district superintendent as
provided for in RCW 28A.21.070. When a county has
property both within and without an educational service district or districts, the state board of education
shall determine which educational service district superintendent shall carry out the functions assigned to
the educational service district superintendent under
this chapter and be secretary to the county committee
as provided for in RCW 28A.57.040, said appointee to
serve at the pleasure of the state board. [ 1975 I st ex.s. c
275 § 78; 1971 c 48 § 25; 1969 ex.s. c 223 § 28A.57.020.
Prior: 1955 c 395 § I; 1947 c 266 § 2; Rem. Supp. 1947
§ 4693-21. Formerly RCW 28.57.020.]
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.57.031 County committees--Membership limitation. Neither the educational service district superintendent nor an employee of a school district shall be a
member of the county committee. [1975 1st ex.s. c 275 §
79; 1969 ex.s c 176 § 115; 1969 ex.s. c 223 § 28A.57.03 I.
Prior: 1947 c 226 § 11, part; Rem. Supp. 1947 §
Organization of School Districts
4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
1941 § 4709-3, part. Formerly RCW 28.57.030, part.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57 .032 County committees-Election of members-Rep·
resentation qualifications-Membership service disability-Secretary when more than one superintendent (as amended by 1975 c 43).
The members of the county committee shall be elected by the •educational service district superintendent and the members of .the bo~rd
of directors of the school districts of the county at a meetmg which
the •educational service district superintendent shall call for that and
any additional purpose. At least one member of the county committee
shall be elected from among the registered voters of each county
commissioner's district in the county; and, as nearly as possible, an
equal number of members shall be elected from among the registered
voters of each class of school district (first or second class) in the
county. No member of a county committee shall continue to ser~e
thereon if he ceases to be a registered voter of the county or if he is
absent from three consecutive meetings of the committee without an
excuse acceptable to the committee.
If more than one *educational service district superintendent has
jurisdiction within a county all such superintendents shall participate
in electing the committee, and the *educational service district superintendent having jurisdiction over the most populous part of the
county shall serve as secretary of the committee and call meetings
where so provided. (1975 c 43 § 3; 1969 ex.s. c 176 § 116; 1969 ex.s. c
223 § 28A.57.032. Prior: 1947 c 226 § 11, part; Rem. Supp. 1947 §
4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3,
part. Formerly RCW 28.57.030, part.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.0IO and 28A.2l.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57 .032 County committees--Election of members-Representation qualifications-Membership service disability--Secretary when more than one superintendent (as amended by 1975 1st ex.s.
c 275). The members of the county committee shall be elected by the
educational service district superintendent and the members of the
board of directors of the school districts of the county at a meeting
which the educational service district superintendent shall call for that
and any additional purpose. At least one member of the county committee shall be elected from among the registered voters of each
county commissioner's district in the county; and, as nearly as possible, an equal number of members shall be elected from among the
registered voters of each class of school district (first, second, or third
class) in the county. No member of a county committee shall continue to serve thereon if he ceases to be a registered voter of the county
or if he is absent from three consecutive meetings of the committee
without an excuse acceptable to the committee.
If more than one educational service district superintendent has jurisdiction within a c.ounty all such superintendents shall participate in
electing the committee, and the educational service district superintendent having jurisdiction over the most populous part of the county
shall serve as secretary of the committee and call meetings where so
provided. (1975 lst ex.s. c 275 § 80; 1969 ex.s. c 176 § 116; 1969 ex.s.
c 223 § 28A.57.032. Prior: 1947 c 226 § 11, part; Rem. Supp. 1947 §
4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3,
part. Formerly RCW 28.57.030, part.]
Reviser's note: RCW 28A.57.032 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57 .033 County committees--Vacancies, filling
of. Vacancies in the membership of the county committee shall be filled by the persons charged with the duty
of electing the members of the committee under RCW
28A.57.050
28A.57.032: Provided, That the committee may fill vacancies in its membership pending the calling of a
meeting of said persons for this purpose by the educational service district superintendent. [ 1975 1st ex.s. c
275 § 81; 1969 ex.s. c 176 § 117; 1969 ex.s. c 223 §
28A.57.033. Prior: 1947 c 266 § l l, part; Rem. Supp.
1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem.
Supp. I 94 I § 4709-3, part. Formerly RCW 28.57.030,
part.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.040 County committees--Organization,
meetings, quorum, of county committee. The county
committee shall organize by electing from its membership a chairman and a vice chairman. The educational
service district superintendent shall be the secretary of
the committee. Meetings of the committee shall be held
upon call of the chairman or of a majority of the me~­
bers thereof. A majority of the committee shall constitute a quorum. [ 1975 l st ex.s. c 275 § 82; I 969 ex.s. c
I 76 § I I 9; 1969 ex.s. c 223 § 28A.57.040. Prior: 1947 c
266 § 12; Rem. Supp. 1947 § 4693-31; prior: 1941c248
§ 4; Rem. Supp. 1941 § 4709-4. Formerly RCW
28.57.040.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.2 l.O IO.
28A.57 .050 County committees--Powers and duties of county
committee (as amended by 1975 c 43). The powers and duties of the
county committee shall be:
(I) To initiate, on its own motion and whenever it deems such action advisable, proposals or alternate proposals for changes in the organization and extent of school districts in the county; to receive,
consider, and revise, whenever in its judgment revision is advisable,
proposals initiated by petition or presented to the committee by the
*educational service district superintendent as provided for in this
chapter; to prepare and submit to the state board any of the aforesaid
proposals that are found by the county committee to provide for satisfactory improvement in the school district system of the county and
state; to prepare and submit with the aforesaid proposals, a map
showing the boundaries of existing districts affected by any proposed
change and the boundaries, including a description thereof, of each
proposed new district or of each existing district as enlarged or diminished by any proposed change, or both, and a summary of the
reasons for the proposed change; and such other reports, records, and
materials as the state board may request. The committee may utilize
as a basis of its proposals and changes that comprehensive plan for
changes in the organization and extent of the school districts of the
county prepared and submitted to the state board prior to September
I, 1956, or, if the county committee found, after considering the factors listed in RCW 28A.57.055, that no changes in the school district
organization of the county were needed, the report to this effect submitted to the state board.
(2) (a) To make an equitable adjustment of the property and other
assets and of the liabilities, including bonded indebtedness, as to the
old school districts and the new district or districts, if any, involved in
or affected by a proposed change in the organization and extent of
the school districts; and (b) to make an equitable adjustment of the
bonded indebtedness outstanding against any of the aforesaid districts
whenever in its judgment such adjustment is advisable, as to all of the
school districts involved in or affected by any change heretofore or
hereafter effected; and (c) to submit to the state board the proposed
terms of adjustment and a statement of the reasons therefor in each
case. In making the adjustments herein provided for, the county
committee shall consider the number of children of school age resident in and the assessed valuation of the property located in each
district and in each part of a district involved or affected; the purpose
for which the bonded indebtedness of any district was incurred; the
value, location, and disposition of all improvements located in the
{1975 RCW Supp--p 245]
28A.57.050
Title 28A:
Common School Provisions
districts 1n\o(\·ed or affected: and any other matters which in the
judgment of the committee are of importance or essential to the making of an equitable adjustment.
28A.57.050 County committees--Powers and duties of count)
committee (as amended by 1975 1st ex.s. c 275). The powers and duties of the county committee shall be:
(3) To hold and keep a record of a public hearing or public hearmgs (a) on every proposal for the formation of a new district or for
the transfer from one existing district to another of any territory in
which children of school age reside or for annexation of territory
when the conditions set forth in RCW 28A.57.190 prevail; and (b) on
ever) proposal for adjustment of the assets and of the liabilities of
school districts provided for m this chapter. Three members of the
county committee or two members of the committee and the *educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to
hold. The county committee shall cause to be posted, at least ten days
prior to the date appointed for any such hearing, a written or printed
notice thereof (a) in at least three public places in the territory of each
proposed new district or of each established district when such district
is involved in a question of adjustment of bonded indebtedness, (b) in
at least one public place in territory proposed to be transferred or
annexed to an existing school district, (c) on a commonly-used
schoolhouse door of each district involved in or affected by any proposed change or adjustment upon which a public hearing is required;
and (d) at the place or places of holding the hearing. In addition notice may be given by newspaper, radio, and television, or either
thereof, when in the committee's judgment the public interest will be
served thereby.
(1) To initiate, on its own motion and whenever it deems such action. advisable, proposals or alternate proposals for changes in the orgamzat10n and extent of school districts in the county: to receive,
consider, and revise, whenever in its judgment revision is advisable,
proposals initiated by petition or presented to the committee by the
educational service district superintendent as provided for in this
chapter; to prepare and submit to the state board any of the aforesaid
proposals that are found by the county committee to provide for satisfactory improvement in the school district system of the county and
state; to prepare and submit with the aforesaid proposals, a map
showing the boundaries of existing districts affected by any proposed
change and the boundaries, including a description thereof, of each
proposed new district or of each existing district as enlarged or diminished by any proposed change, or both, and a summary of the
reasons for the proposed change; and such other reports, records, and
materials as the state board may request. The committee may utilize
as a basis of its proposals and changes that comprehensive plan for
changes in the organization and extent of the school districts of the
county prepared and submitted to the state board prior to September
1, 1956, or, if the county committee found, after considering the factors listed in RCW 28A.57.055, that no changes in the school district
organization of the county were needed, the report to this effect submitted to the state board.
(4) To divide into five school directors' districts all first and second
class school districts now in existence and not heretofore so divided
and all first and second class school districts hereafter established:
Provided, That no first or second class school district not heretofore
so divided and no first or second class school district hereafter created
containing a city with a population in excess of seven thousand according to the latest population certificate filed with the secretary of
state by the planning and community affairs agency shall be divided
into directors' districts unless a majority of the registered voters voting thereon at an election shall approve a proposition authorizing the
division of the district into directors' districts. The boundaries of each
directors' district shall be so established that each such district shall
comprise as nearly as practicable an equal portion of the population
of the school district.
(2) (a) To make an equitable adjustment of the property and other
assets and of the liabilities, including bonded indebtedness, as to the
old school districts and the new district or districts, if any, involved in
or affected by a proposed change in the organization and extent of
the school districts; and (b) to make an equitable adjustment of the
bonded indebtedness outstanding against any of the aforesaid districts
whenever in its judgment such adjustment is advisable, as to all of the
school districts involved in or affected by any change heretofore or
hereafter effected; and (c) to submit to the state board the proposed
terms of adjustment and a statement of the reasons therefor in each
case. In making the adjustments herein provided for, the county
committee shall consider the number of children of school age resident m and the assessed valuation of the property located in each
district. and in each part of a district involved or affected; the purpose
for which the bonded indebtedness of any district was incurred; the
value, location, and disposition of all improvements located in the
districts involved or affected; and any other matters which in the
judgment of the committee are of importance or essential to the making of an equitable adjustment.
(5) To rearrange at any time the committee deems such action advisable in order to correct inequalities caused by changes in population and changes in school district boundaries, the boundaries of any
of the directors' districts of any school district heretofore or hereafter
so divided: Provided, That a petition therefor, shall be required for
rearrangement in order to correct inequalities caused by changes in
population. Said petition shall be signed by at least ten registered
voters residing in the aforesaid school district, and shall be presented
to the *educational service district superintendent. A public hearing
thereon shall be held by the county committee, which hearing shall be
called and conducted in the manner prescribed in subsection (3) of
this section, except that notice thereof shall be posted in some public
place in each directors' district of the school district and on a commonly-used schoolhouse door of the district and at the place of holding the hearing. In addition notice may be given by newspaper, radio,
and television, or either thereof, when m the committee's judgment
the public interest will be served thereby.
(6) To prepare and submit to the superintendent of public instruction from time to time or, upon his request, reports and recommendations respecting the urgency of need for school plant facilities, the
kind and extent of the facilities required, and the development of improved local school administrative units and attendance areas in the
case of school districts that seek state assistance in providing school
plant facilities. [ 1975 c 43 § 4; 1969 ex.s. c 176 § 120; 1969 ex.s. c 223
§ 28A.57.050. Prior: 1959 c 268 § 2, part; 1955 c 395 § 2. part; 1947 c
266 § 13, part; Rem. Supp. 1941 § 4693-32, part; prior: 1941 c 248 §
5, part; Rem. Supp. 1941 § 4709-5, part. Formerly RCW 28.57.050,
part.]
*Reviser's note: '"educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severabilit)--1975 c 43: See notes following
RCW 28:\ 57.140.
(1975 RCW Supp--p 246(
. (3) To hold and keep a record of a public hearing or public hearmgs (a) on every proposal for the formation of a new district or for
the. transfer from one existing district to another of any territory in
which children .of school age reside or for annexation of territory
when the cond1t10ns set forth m RCW 28A.57.190 prevail; and (b) on
every proposal for adjustment of the assets and of the liabilities of
school districts provided for in this chapter. Three members of the
county committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to
hold. The county committee shall cause to be posted, at least ten days
pnor to the date appomted for any su~h hearing, a written or printed
notice thereof (a) 1~ at least three pubhc places in the territory of each
proposed new d1stnct or of each established district when such district
is involved in a question of adjustment of bonded indebtedness, (b) in
at least one pubhc place in territory proposed to be transferred or
annexed to an existing sc.hool district, (c) on a commonly-used
schoolhouse door of each d1stnct mvolved in or affected by any proposed change or adjustment upon which a public hearing is required;
a.nd (d) at the ~lace or places of holding the hearing. In addition nohce may be given by newspaper, radio, and television, or either
thereof, when in the committee's judgment the public interest will be
served thereby.
(4) To divide into five school directors' districts all first and second
class school districts now in existence and not heretofore so divided
and all first and second class school districts hereafter established:
Provided, That no first or second class school district not heretofore
so divided and no first or second class school district hereafter created
containing a city with a population in excess of seven thousand according to the latest population certificate filed with the secretary of
state by the planning and community affairs agency shall be divided
Organization of School Districts
into directors' districts unless a majority of the registered vote_rs voting thereon at an election shall approve a proposition aut_horizmg the
division of the district into directors' distncts: And provided further,
That nothing in this chapter shall authorize the division of any new or
existing third class school district into school directors' districts. The
boundaries of each directors' district shall be so established that each
such district shall comprise as nearly as practicable an equal portion
of the population of the school district.
.
(5) To rearrange at any time the committee deems such _action advisable in order to correct inequalities caused by changes m population and changes in school district boundaries, the boundaries of any
of the directors' districts of any school district heretofore or hereafter
so divided: Provided, That a petition therefor, shall be required f?r
rearrangement in order to correct inequalities caused by cha~ges m
population. Said petition shall be signed ~y at least ten registered
voters residing in the aforesaid school d1stnct, and shall be.presented
to the educational service district superintendent. A pubhc hearmg
thereon shall be held by the county committee, which hearing shall be
called and conducted in the manner prescribed in subsection (3) of
this section, except that notice thereof shall be l?os~ed in some public
place in each directors' district of the school d1stnct and on a commonly-used schoolhouse door of the district and at the place of hol.ding the hearing. In addition notice may be given by n~ws~ap.er, rad10,
and television, or either thereof, when m the committees Judgment
the public interest will be served thereby.
(6) To prepare and submit to the superintendent of public instruction from time to time or, upon his request, reports and recommendations respecting the urgency of need for school plant facilities, .the
kind and extent of the facilities required, and the development of improved local school administrative units a_nd attendance _a~eas in the
case of school districts that seek state assistance m prov1dmg school
plant facilities. [1975 !st ex.s. c 275 § 83; 1969 ex.s. c 176 § 120; 1969
ex.s. c 223 § 28A.57.050. Prior: 1959 c 268 § 2, part; 1955 c 395 § 2,
part; 1947 c 266 § 13, part; Rem. Supp. 1941 § 4693-32, part; prior:
1941 c 248 § 5, part; Rem. Supp. 1941 § 4709-5, part. Formerly RCW
28.57.050, part.]
Reviser's note: RCW 28A.57.050 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Planning and community affairs agency: Chapter 43.63A RCW.
28A.57.070 Action upon board's report. Upon receipt
by the county committee of such notice from the state
board as is required in RCW 28A.57.060(2), the educational service district superintendent shall make an order establishing all approved changes involving the
alteration of the boundaries of an established school
district or districts and all approved terms of adjustment of assets and liabilities involving an established
district or districts the boundaries of which have been
or are hereafter altered in the manner provided by law,
and shall certify his action to each county auditor for
the board of county commissioners, each county treasurer, each county assessor and the superintendents of
all school districts affected by such action. Upon receipt
of such certification the superintendent of each school
district which is annexed to another district by the action shall deliver to the superintendent of the school
district to which annexed all books, papers, documents,
records, and other materials pertaining to his office.
[1975 1st ex.s. c 275 § 84; 1969 ex.s. c 176 § 121; 1969
ex.s. c 223 § 28A.57.070. Prior: 1957 c 129 § I, part;
1955 c 395 § 4, part; 1951 c 87 § I, part; 1947 c 266 §
19, part; Rem. Supp. 1947 § 4693-38, part. Formerly
RCW 28.57.070, part.]
28A.57.075
Rights preserved--Severability--19'>9 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.075 Adjustment of bonded indebtednessSpecial election in certain cases. Whenever adjustments
of bonded indebtedness are made between or among
school districts in connection with the alteration of the
boundaries thereof, pursuant to the provisions of this
chapter, the order of the educational service district superintendent establishing the ~erms of ad~ustment of
bonded indebtedness shall provide and specify:
(1) In every case where bonded indebtedness is
transferred from one school district to another school
district (a) that such bonded indebtedness is assumed
by the school district to which it is transferred; (b) th~t
thereafter such bonded indebtedness shall be •the obligation of the school district to which it is trar:sferred;
(c) that, if the terms of adjustment so provide, any
bonded indebtedness thereafter incurred by such transferee school district through the sale of bonds authorized prior to the date its boundaries were altered shall
be the obligation of such school district including the
territory added thereto; and (d) that taxes shall be l.evied thereafter against the taxable property located within such school district as it is constituted after its
boundaries were altered, said taxes to be levied at the
times and in the amounts required to pay the principal
of and the interest on the bonded indebtedness assumed
or incurred as aforesaid, as the same become due and
payable.
In computing the debt limitation of any school district from which or to which bonded indebtedness has
been transferred, the amount of such transferred bonded indebtedness at any time outstanding (a) shall be an
offset against and deducted from the total bonded indebtedness, if any, of the school district from which
such bonded indebtedness was transferred and (b) shall
be deemed to be bonded indebtedness solely of the
transferee school district that assumed such
indebtedness.
(2) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from one school district to another school
district (a) that the existing bonded indebtedness of
each school district the boundaries of which are altered
and any bonded indebtedness incurred by each such
school district through the sale of bonds authorized prior to the date its boundaries were altered shall be the
obligation of the school district in its reduced or enlarged form, as the case may be; and (b) that taxes shall
be levied thereafter against the taxable property located
within each such school district in its reduced or enlarged form, as the case may be, at the times and in the
amounts required to pay the principal of and interest on
such bonded indebtedness as the same become due and
payable.
In case the aforesaid approval by the state board
concerns a proposal to form a new school district or a
proposal for adjustment of bonded indebtedness involving an established school district and one or more
former school districts now included therein pursuant to
a vote of the people concerned, a special election of the
(1975 RCW Supp--p 247)
28.\.57.075
Title 28A:
Common School Provisions
voters residing within the territory of the proposed new
district or of the established district involved in a proposal for adjustment of bonded indebtedness as the
case may be shall be held for the purpose of affording
said YOters an opportunity to approve or reject such
proposals as concern or affect them.
In a case involving both the question of the formation of a new district and the question of adjustment of
bonded indebtedness, the questions may be submitted
to the voters either in the form of a single proposition
or as separate propositions, whichever to the educational service district superintendent seems expedient.
When the county committee has passed appropriate
resolutions for the questions to be submitted and the
educational service district superintendent has given
notice thereof to the county auditor such special election shall be called, conducted, and the returns canvassed as in regular school district elections. [ 1975 I st
ex.s. c 275 § 85; 1969 ex.s. c 176 § 122; 1969 ex.s. c 223
§ 28A.57.075. Prior: 1957 c 129 § 1, part; 1955 c 395 §
4, part; 1951c87 § 1, part; 1947 c 266 § 19, part; Rem.
Supp. 1947 § 4693-38, part. Formerly RCW 28.57.070,
part.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.080 Notice of election--Contents-Posting. Notice of such special elections as provided for
in RCW 28A.57.075 shall be given by the county auditor as in RCW 29.27.080 provided, and in addition
thereto the educational service district superintendent
shall cause to be posted ( 1) in at least three public
places in the territory of a proposed new district or of
an established district involved in a proposal for adjustment of bonded indebtedness, and (2) on a commonlyused schoolhouse door of each district included in the
proposed new district, and (3) in some public place in
the territory of each part of a district included in the
proposed new district, and (4) at the place or places of
holding the election, a statement encompassing the
contents of the notice. The notice of election shall state
the purpose for which the election has been called and
shall contain a description of the boundaries of the
proposed new district and a statement of any terms of
adjustment of bonded indebtedness to be voted on.
[1975 1st ex.s. c 275 § 86; 1971 c 48 § 26; 1969 ex.s. c
223 § 28A.57.080. Prior: 1947 c 266 § 20; Rem. Supp.
1947 § 4693-39. Formerly RCW 28.57.080.]
Severability-1971 ex.s. c 48: See note following RCW
28A.04.040.
28A.57.090 Vote, how determined--ESD superintendent's order--Certification--Effective date.
Whenever a special election is held to vote on a proposal or alternate proposals to f?rm a new sch?ol district. the votes cast by the registered voters m each
component district shall be tabulated separately and
any such proposition shall be considered approved only
if It receives a majority of the votes cast in each separate district voting thereon. Whenever a special election
is held to vote on a proposal for adjustment of bonded
[1975 RCW Supp---p 248[
indebtedness the entire vote cast by the registered voters of the proposed new district or of the established
district as the case may be shall be tabulated and any
such proposition shall be considered approved if a majority of sixty percent of all votes cast thereon is in the
affirmative.
In the event of approval of a proposition or propositions voted on at a special election, the educational
service district superintendent shall: (1) Make an order
establishing such new district or such terms of adjustment of bonded indebtedness or both, as were approved
by the registered voters and shall also order effected
such other terms of adjustment, if there be any. of
property and other assets and of liabilities other than
bonded indebtedness as have been approved by the
state board; and (2) certify his action to the county and
school district officials specified in RCW 28A.57.070.
He may designate, with the approval of the new district,
a name and number different from that of any component thereof but must designate the new district by
name and number different from any other district in
existence in the county.
The educational service district superintendent, if he
deems such action advisable, may fix, as the effective
date of any order or orders he is required by this chapter to make, the first day of July next succeeding the
date of final approval of any change in the organization
and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts.
Upon receipt of the aforesaid certification, the superintendent of each school district which is included in
the new district shall deliver to the superintendent of
the new school district all books, papers, documents,
records and other materials pertaining to his office.
[1975 1st ex.s. c 275 § 87; 1969 ex.s. c 176 § 123; 1969
ex.s. c 223 § 28A,57 .090. Prior: 1957 c 296 § I; 1955 c
395 § 5; 1947 c 266 § 21; Rem. Supp. 1947 § 4693-40.
Formerly RCW 28.57.090.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.57.130 Organization of school districts. A school
district shall be organized in form and manner as hereinafter in this chapter provided, and shall be known as
__________ (insert here the name of the district) School
District No. _____ , __________ county, state of
Washington: Provided, That all school districts now existing as shown by the records of the educational service district superintendent are hereby recognized as
legally organized districts: Provided further, That all
school districts existing on April 25, 1969 as shown by
the records of the county or intermediate district superintendents are hereby recognized as legally organized
districts. [ 1975 l st ex.s. c 275 § 88; 1969 ex.s. c 176 §
124; 1969 ex.s. c 223 § 28A.57.130. Prior: 1947 c 266 §
3; Rem. Supp. 1947 § 4693-22. Formerly RCW
28.57 .130.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Organization of School Districts
28A.57.140 Classes of districts--Change of classification (as
amended by 1975 c 43). Any school district in the state having a student enrollment within the public schools of such district of two
thousand pupils or more, as shown by any regular census as required
under RCW 28A.58.150(4), as now or hereafter amended, or by any
other evidence acceptable to the •educational service district superintendent and the superintendent of public instruction, shall be a school
district of the first class. Any other school district shall be a school
district of the second class.
Whenever the •educational service district superintendent finds that
the classification of a school district should be changed, and upon the
approval of the superintendent of public instruction, he shall make an
order in conformity with his findings and alter the records of his office
accordingly. Thereafter the board of directors of the district shall organize in the manner provided by law for the organization of the
board of a district of the class to which said district then belongs.
[1975 c 43 § I; 1969 ex.s. c 176 § 125; 1969 ex.s. c 223 § 28A.57.140.
Prior: 1947 c 266 § 9; Rem. Supp. 1947 § 4693-28; prior: 1909 p 264
§§ 2, 3, 4; RRS §§ 4695, 4696, 4697. Formerly RCW 28.57.140.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--1975 c 43: "The effective date of this amendatory
act shall be July I, 1975." [1975 c 43 § 37.]
Severability--1975 c 43: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 c 43 § 38.]
The above annotations apply to RCW 28A.52.050, 28A.57.032,
28A.57.050, 28A.57.140, 28A.57.145, 28A.57.312, 28A.57.324, 28A.57.328, 28A.57.329, 28A.57.342, 28A.57.344, 28A.57.356, 28A.57.357,
28A.57 .358, 28A.57.4 ! 5, 28A.60.0 I 0, 28A.60.070, 28A.60. l 90, 28A.60.200, 28A.60.210, 28A.60.310, 28A.60.320, 28A.60.328, 28A.65.080,
28A.65.090, 28A.65. IOO, 28A.65.120, 28A.65.150, 28A.66.010, 28A.66.020, 28A.66.040, 28A.66.080, 36.22.090, 41.32.420, 84.52.020 and the
repeal of RCW 28A.48.090, 28A.57.332, 28A.60.185 and 28A.60.186.
28A.57.140 Classes of districts--Change of classification (as
amended by 1975 1st ex.s. c 275). Any school district in the state having a population in excess of ten thousand, as shown by any regular
or special census or by any other evidence acceptable to the educational service district superintendent, shall be a school district of the
first class. Any other school district maintaining a fully accredited
high school or containing a city of the third class or of the fourth
class or an area of one square mile having a population of at least
three hundred shall be a school district of the second class. All other
school districts shall be school districts of the third class.
Whenever the educational service district superintendent finds that
the classification of a school district should be changed, he shall make
an order in conformity with his findings and alter the records of his
office accordingly. Thereafter the board of directors of the district
shall organize in the manner provided by law for the organization of
the board of a district of the class to which said district then belongs.
[1975 !st ex.s. c 275 § 89; 1969 ex.s. c 176 § 125; 1969 ex.s. c 223 §
28A.57.!40. Prior: 1947 c 266 § 9; Rem. Supp. 1947 § 4693-28; prior:
1909 p 264 §§ 2, 3, 4; RRS §§ 4695, 4696, 4697. Formerly RCW
28.57 .140.]
Reviser's note: RCW 28A.57.140 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.57.145 Classes of districts--Change of classification--Delay of authorized. Notwithstanding any
other provision of *chapter 43, Laws of 1975, the **educational service district superintendent, with the concurrence of the superintendent of public instruction,
may delay approval of a change in classification of any
school district for a period not exceeding three years
when, in fact, the student enrollment of the district
28A.57.150
within any such time period does not exceed ten percent, either in a decrease or increase thereof. [ 1975 c 43
§ 35.]
Reviser's note: *(I) Disposition of sections of chapter 43, Laws of
1975, see notes following RCW 28A.57.!40.
**(2) "educational service district superintendent" is herein substituted for "intermediate school district superintendent" pursuant to
RCW 28A.21.0IO and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.150 City or town districts. Each incorporated
city or town in the state shall be comprised in one
school district: Provided, That nothing in this section
shall be construed: (I) To prevent the extension of the
boundaries of a school district beyond the limits of the
city or town contained therein, or (2) to prevent the inclusion of two or more incorporated cities or towns in a
single school district, or (3) to change or disturb the
boundaries of any school district organized prior to the
incorporation of any city or town, except as hereafter in
this section provided.
In case all or any part of a school district that operates a school or schools on one site only or operates elementary schools only on two or more sites is included
in an incorporated city or town through the extension
of the limits of such city or town in the manner provided by law, the educational service district superintendent shall: (I) Declare the territory so included to be a
part of the school· district containing the city or town
and (2) whenever a part of a district so included contains a school building of the district, present to the
county committee a proposal for the disposition of any
part or all of the remaining territory of the district.
In case of the extension of the limits of a town to include territory lying in a school district that operates on
more than one site one or more elementary schools and
one or more junior high schools or high schools, the
county committee shall, in its discretion, prepare a proposal or proposals for annexation to the school district
in which the town is located any part or all of the territory aforesaid which has been included in the town and
for annexation to the school district in which the town
is located or to some other school district or districts
any part or all of the remaining territory of the school
district affected by extension of the limits of the town:
Provided, That where no school or school site is located
within the territory annexed to the town and not less
than seventy-five percent of the registered voters residing within the annexed territory present a petition in
writing for annexation and transfer of said territory to
the school district in which the town is located, the educational service district superintendent shall declare
the territory so included to be a part of the school district containing said town: Provided further, That territory approved for annexation to a city or town by vote
of the electors residing therein prior to January 12,
1953, shall not be subject to the provisions herein respecting annexation to a school district or school districts: And provided further, That the provisions and
procedural requirements of this chapter as now or hereafter amended not in conflict with or inconsistent with
the provisions hereinabove in this section stated shall
11975 Rew Supi>--J> 2491
28A.57.150
Title 28A:
Common School Provisions
apply in the case of any proposal or proposals (1) for
the alteration of the boundaries of school districts
through and b\ means of annexation of territorv as
afore~aid. and (2) for the adjustment of the assets' and
liabilities of the school districts involved or affected
thereby.
In case of the incorporation of a city or town containing territory lying in two or more school districts or
of the uniting of two or more cities or towns not located
in the same school district. the educational service district superintendent, except where the incorporation or
consolidation would affect a district or districts of the
first class, shall: (I) Order and declare to be established
in each such case a single school district comprising all
of the school districts involved, and (2) designate each
such district by name and by a number different from
that of any other district in existence in the county.
The educational service district superintendent, if he
deems such action advisable, may fix as the effective
date of any declaration or order required under this
section the first day of July next succeeding the date of
the issuance of such declaration or order. [ 1975 1st ex.s.
c 275 § 90; 1969 ex.s. c 176 § 126; 1969 ex.s. c 223 §
28A.57 .150. Prior: 1965 ex.s. c 108 § 1; 1963 c 208 § 1;
1953 c 49 § l; 1947 c 266 § 5; Rem. Supp. 1947 §
4693-24; prior: 1909 c 97 p 265 § 3; RRS § 4703. Formerly RCW 28.57.150.]
Rights preserved--Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.57.170 Petition for reorganization. For the purpose of forming a new school district, a petition in
writing may be presented to the educational service district superintendent, as secretary of the county committee. signed either by ten registered voters or by a
majority of the registered voters residing (1) in each
whole district and in each part of a district proposed to
be included in any single new district, or (2) in the territory of a proposed new district which comprises a part
only of one or more districts. The petition shall state
the name and number of each district involved in or
affected by the proposal to form the new district and
shall describe the boundaries of the proposed new district. [1975 1st ex.s. c 275 § 91: 1969 ex.s. c 176 § 127;
1969 ex.s. c 223 § 28A.57.170. Prior: 1947 c 266 § 15;
Rem. Supp. 1947 § 4693-34; prior: 1909 c 97 p 266 § 1;
RRS § 4721; prior: 1899 c 14 § 1; 1897 c 118 § 4; 1891
c 127 § 7; 1890 p 361 § 19. Formerly RCW 28.57.170.]
Rights preserved--Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.57.180 Transfer of territory--By petition-B)· ESD superintendent, limitation, when election required. For the purpose of transferring territory from
one school district to another district, a petition in
writing may be presented to the educational service district superintendent, as secretary of the county committee, signed by a majority of the registered voters
residing in the territory proposed to be transferred, or
by the board of directors of one of the districts affected
by a proposed transfer of territory if there is no registered voter resident in the territory, which petition shall
(1975 RCW Supp---p 250)
state the name and number of each district affected.
describe the boundaries of the territory proposed to be
transferred, and state the reasons for desiring the
change and the number of children of school age, if
any, residing in the territory: Provided, That the educational service district superintendent, without being petitioned to do so, may present to the county committee
a proposal for the transfer from one school district to
another of any territory in which no children of school
age reside: Provided further, That the educational service district superintendent shall not complete any transfer of territory pursuant to the provisions of this section
which involves ten percent ,or more of the common
school student population of the entire district from
which such transfer is proposed, unless he has first
called and held a special election of the voters of the
entire school district from which such transfer of territory is proposed for the purpose of affording said voters
an opportunity to approve or reject such proposed
transfer, and has obtained approval of the proposed
transfer by a majority of those registered voters voting
in said election; and if such proposed transfer is disapproved, the state board of education shall determine
whether or not said district is meeting or capable of
meeting minimum standards of education as set up by
the state board. If the board decides in the negative, the
superintendent of public instruction may thereupon
withhold from such district, in whole or in part, state
contributed funds. [1975 1st ex.s. c 275 § 92; 1969 ex.s.
c 176 § 128; 1969 ex.s. c 223 § 28A.57.180. Prior: 1959 c
268 § 14; 1947 c 266 § 16; Rem. Supp. 1947 § 4693-35;
prior: 1915 c 50 § I; RRS § 4727. Formerly RCW
28.57.180.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.57.190 Annexation of district bounded on three
sides by high school district. Whenever all or any part of
a school district in which no accredited high school is
maintained is bounded on three or more sides by a
school district in which an accredited high school is situated and maintained, or by a school district in which a
high school with a program approved by the state board
of education is situated and maintained, the educational
service district superintendent shall report said fact to
the county committee, which committee shall consider
the ques~io~ of the annexation to the aforesaid high
school d1stnct of the territory or district so bounded.
[1975 !st ex.s. c 275 § 93; 1969 ex.s. c 176 § 129; 1969
ex.s. c 223 § 28A.57.190. Prior: 1947 c 266 § 17; Rem.
Supp. 1947 § 4693-36. Formerly RCW 28.57.190.]
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0JO.
28A.57.200 Dissolution and annexation of depopulated districts-Annexation of nondistrict property (as amended by 1975 1st ex.s. c 23).
In case any school district shall have an average enrollment of fewer
than two pupils or shall not have made a reasonable effort to maintain, during the preceding school year at least the minimum term of
school required by law, the *educational service district superintendent shall report said fact to the county committee, which committee
shall dissolve the school district and annex the territory thereof to
some other district or districts: Provided, That for the purposes of this
section, in addition to any other finding, "reasonable effort" shall be
Organization of School Districts
deemed to mean the attempt to make up whatever days are short of
the legal requirement by the conducting of sch?ol classes on any days
to include available holidays, though not to mclude Saturdays and
Sundays, prior to June 15 of that year: Provided further, That school
districts operating an extended school year program, most commonly
implemented as a 45-15 plan, shall b~ deemed to be making a reasonable effort: Provided further, That m the event any school d1stnct
has suffered any interruption in its normal school calendar due to a
strike or other work stoppage or slowdown by any of its employees
such district shall not be subject to the requirements of this section. In
case any territory is not a part of any school district, the *educ~tional
service district superintendent shall present to the county committee a
proposal for the annexation of said territory to some contiguous district or districts. [ 1975 !st ex.s. c 23 § I; 1970 ex.s. c 86 § 4; 1969 ex.s.
c 176 § 130; 1969 ex.s. c 223 § 28A.57.200. Prior: 1947 c 266 § 18;
Rem. Supp. 1947 § 4693-37. Formerly RCW 28.57.200.]
*Revisers note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.0IO and 28A.21.900.
·28A.57.200 Dissolution and annexation of depopulated districtsAnnexation of nondistrict property (as amended by 1975 1st ex.s. c
275). In case any school district shall have an average enrollment of
fewer than two pupils or shall not have maintained, during the preceding school year at least the minimum term of school required ~y
law, the educational service district superintendent shall report said
fact to the county committee, which committee shall dissolve the
school district and annex the territory thereof to some other district ·or
districts. In case any territory is not a part of any school district, the
educational service district superintendent shall present to the county
committee a proposal for the annexation of said territory to some
contiguous district or districts. [ 1975 1st ex.s. c 275 § 94; 1970 ex.s. c
86 § 4; 1969 ex.s. c 176 § 130; 1969 ex.s. c 223 § 28A.57.200. Prior:
1947 c 266 § 18; Rem. Supp. 1947 § 4693-37. Formerly RCW
28.57.200.]
Reviser's note: RCW 28A.57.200 was amended twice during the
1975 first extraordinary session of the legislature, each without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1970 ex.s. c 86: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1970 ex.s. c
86 § 7.] This applies to RCW 28A.57.200 and other sections, temporary in nature, and thus not codified herein.
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.240 Joint school districts--Change or adjustment of joint districts--Procedure generally. The
duties in this chapter imposed upon and required to be
performed by a county committee and by an educational service district superintendent in connection with
a change in the organization and extent of school districts and/or with the adjustment of the assets and liabilities of school districts and with all matters related to
such change or adjustment whenever territory lying in a
single county is involved shall be performed jointly by
the county committees and by the superintendents of
the several educational service districts as required
whenever territory lying in more than one county or
educational service district is involved: Provided, That
a county committee may designate three of its members, or two of its members and the educational service
district superintendent, as a subcommittee to serve in
lieu of the whole committee, but action by a subcommittee shall not be binding unless approved by the
whole committee of the county. Proposals for changes
in the organization and extent of school districts and
28A.57.245
proposed terms of adjustment of assets and liabilities
thus prepared and approved shall be submitted to the
state board by the county committee of the county in
which is located the part of the proposed or enlarged
district having the largest number of common school
pupils residing therein. [ 1975 1st ex.s. c 275 § 95; 1973 c
47 § 2; 1969 ex.s. c 176 § 131; 1969 ex.s. c 223 § 28A.57.240. Prior: 1947 c 266 § 26; Rem. Supp. 1947 §
4693-45. Formerly RCW 28.57.240.]
Severability--1973 c 47: See note following RCW 28A.57.230.
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.245 Joint school districts--Change or adjustment of joint districts--Procedure when one committee does not approve, or fails to act--Temporary
committee. Whenever a change in the organization and
extent of school districts or an adjustment of the assets
and liabilities of school districts, or both, or any other
matters related to such change or adjustment involve a
joint district, and a majority of the county committee or
either county approve a proposal but the proposal is
not approved by the other county committee or said
committee fails or refuses to act upon the proposal
within sixty days of its receipt, the county committee
approving the proposal shall certify the proposal and its
approval to the state superintendent of public instruction. Upon receipt of a properly certified proposal, the
state superintendent of public instruction shall appoint
a temporary committee on joint school district organization composed of five persons. The members of the
committee shall be selected from the membership of
any county committee in this state except that no
member shall be appointed from any county in which
part of the joint district is situated. Said committee shall
meet at the call of the state superintendent of public
instruction and organize by electing a chairman and
secretary. Thereupon, this temporary committee on
joint school district organization shall have jurisdiction
of the proposal and shall treat the same as a proposal
initiated on its own motion. Said committee shall have
the powers and duties imposed upon and required to be
performed by a county committee under the provisions
of this chapter and the secretary of the committee shall
have the powers and duties imposed upon and required
to be performed by the educational service district superintendents under the provisions of this chapter. It
shall be the duty of the educational service district superintendents of the educational service districts in
which the joint school district is situated to assist the
temporary committee on joint school district organization by supplying said committee with information from
the records and files of their offices and with a proper
and suitable place for holding meetings. [1975 1st ex.s. c
275 § 96; 1969 ex.s. c 176 § 132; 1969 ex.s. c 223 §
28A.57.245. Prior: 1959 c 268 § 5. Formerly RCW
28.57.245.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
11975 RCW Supp--p 251)
28A.57.255
Title 28A:
Common School Provisions
28A.57.255 Joint school districts--Special rules for
electors rnting for directors or ESD board members. The
registered \'Oters residing within a joint school district
shall be entitled to \'Ote on the office of school director
of their district and on the office of their educational
sen·ice district board member.
Jurisdiction of any such election shall rest with the
county auditor of the county administering such joint
district as provided in RCW 28A.57.250.
At each general election, or upon approval of a request for a special election as provided for in RCW 29.11.020, such county auditor shall:
(I) See that there shall be at least one polling place in
each county;
(2) At least twenty days prior to the elections concerned, certify in writing to the superintendent of the
school district the number and location of the polling
places established by such auditor for such regular or
special elections; and
(3) Do all things otherwise required by law for the
conduct of such election.
It is the intention of this section that the qualified
electors of a joint school district shall not be forced to
go to a different polling place on the same day when
other elections are being held to vote for school directors of their district and members of the educational
service district board concerned with their school district. [1975 1st ex.s. c 275 § 97; 1973 c 47 § 4; 1969 ex.s.
c 176 § 133; 1969 ex.s. c 223 § 28A.57.255. Prior: 1961 c
130 § 23. Formerly RCW 28.57.255.]
Severability-1973 c 47: See note following RCW 28A.57.230.
Rights preserved--Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.290 Joint school districts-Apportionment
of tax to be levied. The amount of tax to be levied upon
the taxable property of that part of a joint school district lying in one county shall be in such ratio to the
whole amount levied upon the property in the entire
joint district as the assessed valuation of the property
lying in such county bears to the assessed valuation of
the property in the entire joint district. After the budget
of a joint school district has been prepared in the manner provided by law, the educational service district superintendent of the educational service district to which
the joint school district belongs, after deducting estimated receipts from sources other than district taxation,
shall apportion to each county in which the territory of
the joint district lies its proportionate share of the estimated expenditures of such joint district, which apportionment shall be made upon the same basis as is herein
provided for the apportionment of tax levies. He shall
then forward to the county auditor of the county to
which the joint school district belongs and to the county auditor of each other county, for the board of county
commissioners thereof, a certificate setting forth the
sum apportioned to that county, together with copies of
the certificates forwarded by him to the aforesaid officers of other counties. [1975 !st ex.s. c 275 § 98; 1969
ex.s. c 176 § 135; 1969 ex.s. c 223 § 28A.57.290. Prior:
1947 c 266 § 31; Rem. Supp. 1947 § 4693-50; prior: (i)
(1975 RCW Supp----p 2521
1925 ex.s. c 77 § IO; RRS § 4753-IO. (ii) 1927 c 286 § 2;
RRS § 4753-11. Formerly RCW 28.57.290.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57.300 Joint school districts--Levy of tax-Remittance of collections to district treasurer. Upon receipt of the aforesaid certificate, it shall be the duty of
the board of county commissioners of each county to
levy on all taxable property of that part of the joint
school district which lies within the county a tax sufficient to raise the amount n~cessary to meet the county's
proportionate share of the estimated expenditures of the
joint district, as shown by the certificate of the educational service district superintendent of the district to
which the joint school district belongs. Such taxes shall
be levied and collected in the same manner as other
taxes are levied and collected, and the proceeds thereof
shall be forwarded quarterly by the treasurer of each
county, other than the county to which the joint district
belongs, to the treasurer of the county to which such
district belongs and shall be placed to the credit of said
district. The treasurer of the county to which a joint
school district belongs is hereby declared to be the
treasurer of such district. [ 1975 1st ex.s. c 275 § 99; 1969
ex.s. c 176 § 136; 1969 ex.s. c 223 § 28A.57 .300. Prior:
1947 c 266 § 32; Rem. Supp. 1947 § 4693-51. Formerly
RCW 28.57.300.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.57 .312 Directors--Elections--Terms-Number. The governing board of a school district shall
be known as the board of directors of the district.
Unless otherwise specifically provided, as in RCW
29.13.060, members of a board of directors shall be
elected by ballot by the registered voters of the school
district and shall hold office for a term of four years
and until their successors are elected and qualified.
Terms of school directors shall be staggered, and insofar as possible, not more than a majority of one shall be
elected to full terms at any regular election. In case a
member or members of a board of directors are to be
elected to fill an unexpired term or terms, the ballot
shall specify the term for which each such member is to
be elected.
Except for a school district of the first class having an
enroll~ent ~f fifty thousand pupils or more in class AA
counties which shall have a board of directors of seven
members, the board of directors of every school district
of the first class or school district of the second class
shall consist of five members. [ 1975 c 43 § 5; 1973 2nd
ex.s. c 21 § 1; 1969 c 131 § 8; 1969 ex.s. c 223 § 28A.57 .312. Prior: 1957 c 67 § l; 1955 c 55 § 11; 1947 c 266
§ 10; Rem. Supp. 1947 § 4693-29; prior: 1909 pp 289,
290 §§ 1,2; RRS §§ 4790, 4791. Formerly RCW 28.57.338, 28.58.080.]
Effective date-Severability-1975 c 43: See notes following
RCW 28A.57.140.
Severability-1973 2nd ex.s. c 21: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is
Organization of School Districts
28A.57.328
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1973 2nd ex.s.
c 21 § 11.] This applies to RCW 28A.57.312, 28A.57.342, 28A.57.344,
28A.57.357, 28A.57.358, 28A.57.425, 28A.57.435, 29.21.180, 29.21.210
and 29.21.230.
28.63.022. (iv) 1959 c 216 § 7, part; 1955 c 157 § 14,
part; prior: 1909 p 281 § 4, part; 1903 c 104 § 14, part;
1899 c 142 § 6, part; 1897 c 118 § 33, part; 1891 c 127 §
3, part; 1890 p 355 § 11, part; RRS § 4770, part. Formerly RCW 28.19.060, part.]
28A.57.324 Directors--Meetings. Regular meetings of the board of directors of any school district shall
be held monthly or oftener at such a time as the board
of directors by resolution shall determine or the bylaws
of the board may prescribe. Special or deferred meetings may be held from time to time as circumstances
may demand, at the call of the president, if a first class
district, or the chairman of the board, if a second class
district, or on petition of a majority of the members of
the board. All meetings shall be open to the public unless the board shall otherwise order an executive session
as provided in RCW 42.32.020. [1975 c 43 § 6; 1969
ex.s. c 223 § 28A.57.324. Prior: (i) 1909 c 97 p 291 § 9;
RRS § 4798; prior: 1897 c 118 § 86; 1890 p 389 § 13.
Formerly RCW 28.62.090. (ii) 1965 ex.s. c 87 § 1; 1909
c 97 p 299 § 6; RRS § 4816. Formerly RCW 28.63.030.
(iii) 1965 ex.s. c 87 § 2; 1909 c 97 p 302 § 6; RRS §
4828. Formerly RCW 28.63.032.)
Severability--1971 c 53: See note following RCW 28A.57.260.
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Reviser's note: RCW 42.32.020 was repealed by 1971 ex.s. c 250 §
15; see chapter 42.30 RCW, the Open Public Meetings Act of 1971.
Effective date-Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.326 Directors--Filling vacancies. In case
of a vacancy from any cause on the board of directors
of a school district other than a reconstituted board resulting from reorganized school districts, a majority of
the legally established number of board members shall
fill such vacancy by appointment: Provided, That
should there exist fewer board members on the board of
directors of a school district than constitutes a majority
of the legally established number of board members,
the educational service district board members of the
district in which the school district is located by the
vote of a majority of its legally established number of
board members shall appoint a sufficient number of
board members to constitute a legal majority on the
board of directors of such school district; and the remaining vacancies on such board of directors shall be
filled by such board of directors in accordance with the
provisions of this section: Provided further, That should
any board of directors for whatever reason fail to fill a
vacancy within ninety days from the creation of such
vacancy, the members of the educational service district
board of the district in which the school district is located by majority vote shall fill such vacancy.
Appointees to fill vacancies on the board of directors
of school districts shall meet the requirements provided
by law for school directors and shall serve until the next
regular school district election, at which time a successor shall be elected for the unexpired term. [ 197 5 1st
ex.s. c 275 § 100; 1971 c 53 § 2; 1969 ex.s. c 176 § 156;
1969 ex.s. c 223 § 28A.57.326. Prior: (i) 1909 c 97 p 292
§ 12; RRS 4801; prior: 1907 c 31 § 3; 1897 c 118 § 89;
1890 p 390 § 16. Formerly RCW 28.62.120. (ii) 1909 c
97 p 298 § 3; RRS § 4813. Formerly RCW 28.63.020.
(iii) 1909 c 97 p 301 § 3; RRS § 4825. Formerly RCW
28A.57.328 Directors-Number and terms of in new second class
districts (as amended by 1975 c 43). Upon the establishment of a new
school district of the second class, the directors of the old school districts who reside within the limits of the new district shall meet at the
call of the *educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five
such directors reside in any such new second class school district,
they shall become directors of said district, and the '*educational
service district board shall appoint the number of additional directors
required to constitute a board of five directors for the new second
class district. Vacancies once such a board has been reconstituted
shall not be filled unless the number of remaining board members is
less than five in a second class district, and such vacancies shall be
filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all
the powers and authority conferred by law upon boards of directors
of other districts of the same class and the directors thereof shall serve
until the regular school election following the next regular school
election in the district at which election their successors shall be
elected and qualified. At such election, no more than five directors
shall be elected either at large or by director districts, as the case may
be, two for a term of two years and three for a term of four years.
Directors thereafter elected and qualified shall serve such terms as
provided for in RCW 28A.57.312, as now or hereafter amended. (1975
c 43 § 7; 1971 c 67 § l; 1969 ex.s. c 176 § 137; 1969 ex.s. c 223 §
28A.57.328. Prior: 1959 c 268 § 7, part; 1947 c 266 § 24, part; Rem.
Supp. 1947 § 4693-43, part. Formerly RCW 28.57.350, part.]
*Reviser's note: "educational service district superintendent" and
"educational service district board" are herein substituted for "intermediate school district superintendent" and "intermediate school district board" pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date-Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.328 Directors-Number and terms of in new second or
third class districts (as amended by 1975 1st ex.s. c 275). Upon the establishment of a new school district of the second or third class, the
directors of the old school districts who reside within the limits of the
new district shall meet at the call of the educational service district
superintendent and shall constitute the board of directors of the new
district. If fewer than three such directors reside in any such new third
class district or if fewer than five such directors reside in any such
new second class school district, they shall become directors of said
district, and the educational service district board shall appoint the
number of additional directors required to constitute a board of three
directors for the new third class district or five directors for the new
second class district, as the case may be. Vacancies once such a board
has been reconstituted shall not be filled unless the number of remaining board members is less than three in a third class district or
less than five in a second class district, and such vacancies shall be
filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all
the powers and authority conferred by law upon boards of directors
of other districts of the same class and the directors thereof shall serve
until the regular school election following the next regular school
election in the district at which election their successors shall be
elected and qualified. At such election in third class districts, no more
than three directors shall be elected at large by the electors of the
school district, one for a term of two years and two for a term of four
years. At such election in second class districts, no more than five directors shall be elected either at large or by director districts, as the
case may be, two for a term of two years and three for a term of four
years. Directors thereafter elected and qualified shall serve such terms
(1975 RCW Supp--p 253)
28A.57.328
Title 28A:
Common School Provisions
as pro\ided for in RCW 28A.57.312. (1975 1st ex.s. c 275 § IOI; 1971
c 6 7 § I; 1969 ex.s. c 176 § 137: 1969 ex.s. c 223 § 28A.57.328. Prior:
1959 c 268 § 7. part: 1947 c 266 § 24, part: Rem. Supp. 1947 § 4693·B. part. Formerly RCW 28.57.350, part.]
Reviser's note: RCW 28A.57.328 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 67: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1971 c 67 § 10.) This
applies to RCW 28A.57.328, 28A.57.332, 28A.57.342, 28A.57.344,
28A.57 .355, 28A.57 .356, 28A.57 .357 and 28A.57 .358.
Rights preserved--Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
districts. if approved, shall not become effective until
the next regular school election at which time a new
board of directors shall be elected as provided in RCW
28A.57.355, 28A.57.356, and 28A.57.357, as now or
hereafter amended. Each of the five directors shall be
elected from among the residents of the respective director district by the electors of the entire school district. [1975 c 43 § 8; 1973 2nd ex.s. c 21 § 2; 1971 c 67 §
2; 1969 ex.s. c 223 § 28A.57.342. Prior: 1959 c 268 § 4.
Formerly RCW 28.57.342.]
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
Severability--1973 2nd ex.s. c 21: See note following RCW
28A.57 .312.
Severability--1971 c 67: See note following RCW 28A.57.328.
28A.57.329 Directors--Number and terms of in
new second class districts due to elimination of third class
district classification. With the implementation of chapter 43, Laws of 1975, if upon a change of classification
three directors of a former third class school district
constitute the board of directors of a new second class
school district for which a board of five directors is required by law, the three directors of such school district
shall continue to serve for the terms for which they
were elected; two additional directors shall be appointed for the district in the manner provided by law for
filling a vacancy on the board of other districts of the
same class; and the aforesaid five directors shall thereafter constitute the board of directors of the district.
The additional directors so appointed shall serve until
the next regular school election in the district and until
their successors are elected and qualified, at which election their successors shall be elected, one for a term of
two years and one for a term of four years. Directors
thereafter elected and qualified shall serve such terms as
provided for in RCW 28A.57.312, as now or hereafter
amended. [1975 c 43 § 34.]
Reviser's note: Disposition of sections of chapter 43, Laws of 1975,
see notes following RCW 28A.57.140.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.332 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
28A.57.342 Directors' districts in certain school districts--Submittal of proposition at formation election.
Whenever an election shall be held for the purpose of
securing the approval of the voters for the formation of
a new school district other than a school district of the
first class having an enrollment of fifty thousand pupils
or more in class AA counties, if requested by one of the
boards of directors of the school districts affected, there
shall also be submitted to the voters at the same election a proposition to authorize the county committee to
divide the school district, if formed, into directors' districts. Such director districts in second class districts, if
approved, shall not become effective until the regular
school election following the next regular school election at which time a new board of directors shall be
elected as provided in RCW 28A.57.328, as now or
hereafter amended. Such director districts in first class
[1975 RCW Supp--p 254(
28A.57 .344 Directors' districts in certain school districts--Election to authorize division in school districts
not already divided into directors' districts. The board of
directors of every school district other than a school
district of the first class having an enrollment of fifty
thousand pupils or more in class AA counties which is
not divided into directors' districts may submit to the
voters at any regular school district election a proposition to authorize the county committee to divide the
district into directors' districts. If a majority of the votes
cast on the proposition shall be affirmative, the county
committee shall proceed to divide the district into directors' districts. Such director districts, if approved,
shall not become effective until the next regular school
election when a new five member board of directors
shall be elected, one from each of five director districts
from among the residents of the respective director district by the electors of the entire district, two for a term
of two years and three for a term of four years, unless
such district elects its directors for six years, in which
case, one for a term of two years, two for a term of four
years, and two for a term of six years. [ 1975 c 43 § 9;
1973 2nd ex.s. c 21 § 3; 1971 c 67 § 8; 1969 ex.s. c 223 §
28A.57.344. Prior: 1959 c 268 § 3. Formerly RCW
28.57.344.]
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
Severability--1973 2nd ex.s. c 21: See note following RCW
28A.57.312.
Severability--1971 c 67: See note following RCW 28A.57.328.
28A.57.355 Directors--Number and terms of in
first class districts containing no former first class district. Upon the establishment of a new school district of
the first class as provided for in RCW 28A.57.342 containing no former first class district, the directors of the
old school districts who reside within the limits of the
new district shall meet at the call of the educational
service district superintendent and shall constitute the
board of directors of the new district. If fewer than five
such directors reside in such new district, they shall become directors of said district and the educational service district board shall appoint the number of additional
directors to constitute a board of five directors for the
Organization of School Districts
district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such
vacancies shall be filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed
at once to organize in the manner prescribed by law
and thereafter shall have all the powers and authority
conferred by law upon boards of directors of first class
school districts until the next regular school election in
the district at which election their successors shall be
elected and qualified. At such election no more than
five directors shall be elected either at large or by director districts, as the case may be, two for a term of
two years and three for a term of four years: Provided,
That if such first class district is in a class AA or class
A county and contains a city of the first class, two directors shall be elected for a term of three years and
three directors shall be elected for a term of six years.
[1975 1st ex.s. c 275 § 102; 1971 c 67 § 3.]
Severability--1971 c 67: See note following RCW 28A.57.328.
28A.57.356 Directors-Number and terms of in first class districts containing only one former first class district (as amended by
1975 c 43). Upon the establishment of a new school district of the first
class as provided for in RCW 28A.57.342, as now or hereafter
amended, containing only one former first class district, the directors
of the former first class district and two directors representative of
former second class districts selected by a majority of the board
members of former second class districts shall meet at the call of the
*educational service district superintendent and shall constitute the
board of directors of the new district. Vacancies, once such a board
has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be
filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all
the powers and authority conferred by law upon boards of directors
of first class school districts until the next regular school election in
the district at which election their successors shall be elected and
qualified. At such election no more than five directors shall be elected
either at large or by director districts, as the case may be, two for a
term of two years and three for a term of four years: Provided, That
if such first class district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term
of three years and three directors shall be elected for a term of six
years. [1975 c 43 § 10; 1971 c 67 § 4.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.0IO and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.356 Directors-Number and terms of in first class districts containing only one former first class district (as amended by
1975 1st ex.s. c 275). Upon the establishment of a new school district
of the first class as provided for in RCW 28A.57.342 containing only
one former first class district, the directors of the former first class
district and two directors representative of former second class districts selected by a majority of the board members of former second
class districts and one director representative of former third class
districts, selected by a majority of the board members of former third
class districts shall meet at the call of the educational service district
superintendent and shall constitute the board of directors of the new
district. Vacancies, once such a board has been reconstituted, shall
not be filled unless the number of remaining board members is less
than five, and such vacancies shall be filled in the manner otherwise
provided by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all
the powers and authority conferred by law upon boards of directors
28A.57.357
of first class school districts until the next regular school election in
the district at which election their successors shall be elected and
qualified. At such election no more than five directors shall be elected
either at large or by director districts, as the case may be, two for a
term of two years and three for a term of four years: Provided, That
if such first class district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term
of three years arid three directors shall be elected for a term of six
years. [1975 1st ex.s. c 275 § 103; 1971 c 67 § 4.]
Reviser's note: RCW 28A.57.356 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 67: See note following RCW 28A.57.328.
28A.57.357 Directors-Number and terms of in first class districts containing more than one former first class district (as amended
by 1975 c 43). Upon the establishment of a new school district of the
first class as provided for in RCW 28A.57.342, as now or hereafter
amended, containing more than one former first class district, the directors of the largest former first class district and three directors representative of the other former first class districts selected by a
majority of the board members of the former first class districts and
two directors representative of former second class districts selected
by a majority of the board members of former second class districts
shall meet at the call of the *educational service district superintendent and shall constitute the board of directors of the new district.
Vacancies once such a board has been reconstituted shall not be filled
unless the number of remaining board members is less than seven,
and such vacancies shall be_ filled in the manner otherwise provided
by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all
of the powers and authority conferred by law upon boards of first
class districts until the next regular school election and until their
successors are elected and qualified. At such election other than districts electing directors for six-year terms as provided in RCW 29.13.060, five directors shall be elected either at large or by director
districts, as the case may be, two for a term of two years and three for
a term of four years. At such election for districts electing directors
for six years other than districts having an enrollment of fifty thousand pupils or more and electing directors for six ye~r terms, five directors shall be elected either at large or by director districts, as the
case may be, one for a term of two years, two for a term of four years,
and two for a term of six years. [ 1975 c 43 § 11; 1973 2nd ex.s. c 21 §
IO; 1973 c 19 § I; 1971 c 67 § 5.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.357 Directors-Number and terms of in first class districts containing more than one former first class district (as amended
by 1975 1st ex.s. c 275). Upon the establishment of a new school district of the first class as provided for in RCW 28A.57.342 containing
more than one former first class district, the directors of the largest
former first class district and three directors representative of the other former first class districts selected by a majority of the board
members of the former first class districts and two directors representative of former second class districts selected by a majority of the
board members of former second class districts and one director representative of former third class districts selected by a majority of the
board members of former third class districts shall meet at the call of
the educational service district superintendent and shall constitute the
board of directors of the new district. Vacancies once such a board
has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall
be filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all
of the powers and authority conferred by law upon boards of first
class districts until the next regular school election and until their
(1975 RCW Supp--p 255)
28A.57.357
Title 28A:
Common School Provisions
successors are elected and qualified. At such election other than districts electing directors for six-year terms as provided in RCW 29.13.060, five directors shall be elected either at large or by director
districts. as the case may be, two for a term of two years and three for
a term of four years. At such election for districts electing directors
for six years other than districts having an enrollment of fifty thousand pupils or more and electing directors for six year terms, five directors shall be elected either at large or by director districts, as the
case may be, one for a term of two years, two for a term of four years,
and two for a term of six. years. [1975 Isl ex..s. c 275 § 104; 1973 2nd
ex..s. c 21 § 10; 1973 c 19 §I; 1971 c 67 § 5.]
Reviser's note: RCW 28A.57.357 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1973 2nd ex..s. c 21: See note following RCW
28A.57.312.
Severability--1971 c 67: See note following RCW 28A.57.328.
28A.57.358 Directors--Number and terms of in new first class
district having enrollment of 50,000 in class AA counties (as amended
by 1975 c 43). Upon the establishment of a new school district of the
first class having an enrollment of fifty thousand pupils or more in
class AA counties, the directors of the largest former first class district
and three directors representative of the other former first class districts selected by a majority of the board members of the former first
class districts and two directors representative of former second class
districts selected by a majority of the board members of former second class districts shall meet at the call of the *educational service
district superintendent and shall constitute the board of directors of
the new district. Each board of directors so constituted shall proceed
at once to organize in the manner prescribed by law and thereafter
shall have all the powers and duties conferred by law upon boards of
first class districts, until the next regular school election and until
their successors are elected and qualified. Such duties shall include
establishment of new director districts as provided for in RCW 28A.57 .425. At the next regular school election seven directors shall be
elected by director districts, two for a term of two years, two for a
term of four years and three for a term of six years. Thereafter their
terms shall be as provided in RCW 29.13.060.
Vacancies once such a board has been reconstituted shall not be
filled unless the number of remaining board members is less than
seven, and such vacancies shall be filled in the manner otherwise provided by law. (1975 c 43 § 12; 1973 2nd ex..s. c 21 § 4; 1971 c 67 § 6.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.358 Directors--Number and terms of in new first class
district having enrollment of 50,000 in class AA counties (as amended
by 1975 1st ex.s. c 275). Upon the establishment of a new school district of the first class having an enrollment of fifty thousand pupils or
more in class AA counties, the directors of the largest former first
class district and three directors representative of the other former
fi,rst class districts selected by a majority of the board members of the
former first class districts and two directors representative of former
second class districts selected by a majority of the board members of
former second class districts and one director representative of former
third class districts selected by a majority of the board members of
former third class districts shall meet at the call of the educational
service district superintendent and shall constitute the board of directors of the new district. Each board of directors so constituted shall
proceed at once to organize in the manner prescribed by law and
thereafter shall have all the pow~rs and duties conferred by law upon
boards of first class d1stncts, until the next regular school election and
until their successors are elected and qualified. Such duties shall include establishment of new director districts as provided for in RCW
28A.57.425. At the next regular school election seven directors shall
be elected by director districts, two for a term of two years, two for a
term of four years and three for a term of six years. Thereafter their
terms shall be as provided in RCW 29.13.060.
(1975 RCW Supp--p 256)
Vacancies once such a board has been reconstituted shall not be
filled unless the number of remaining board members is less than
seven, and such vacancies shall be filled in the manner otherwise provided by law. (1975 Isl ex.s. c 275 § 105; 1973 2nd ex.s. c 21 § 4; 1971
c 67 § 6.J
Reviser's note: RCW 28A.57.358 was amended twice at the 1975
regular and first extraordinary sessions of the legislature, each without
reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1973 2nd ex.s. c 21: See note following RCW
28A.57.312.
Severability--1971 c 67: See note following RCW 28A.57.328.
28A.57 .390 Directors--Map and record of directors' districts. The educational service district superintendent shall prepare and keep in his office (I) a map
showing the boundaries of the directors' districts of all
school districts in or belonging to his educational service district that are so divided, and (2) a record of the
action taken by the county committee in establishing
such boundaries. [1975 1st ex.s. c 275 § 106; 1969 ex.s. c
176 § 140; 1969 ex.s. c 223 § 28A.57.390. Prior: 1947 c
266 § 38; Rem. Supp. 1947 § 4693-57. Formerly RCW
28.57.390.)
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.57.415 Directors--Dissolution of directors' districts (as
amended by 1975 c 43). Upon receipt of a written petition by an *educational service district superintendent signed by at least twenty
percent of the registered voters of a school district theretofore divided
into directors' districts after a majority vote thereon in accordance
with RCW 28A.57.050(4), as now or hereafter amended, which petition shall request a return to the system of directors running at large
within the district, the superintendent, after formation of the question
to ~e submitted to the voters, shall give notice thereof to the county
auditor who shall call and hold a special election of the voters of the
entire school district to approve or reject such proposal, such election
to be called, conducted and the returns canvassed as in regular school
district elections.
If .app~oval o! a majority of those registered voters voling in said
election 1s acquired, at the expiration of terms of the incumbent directors of such school district their successors shall be elected at large.
(1975 c 43 § 13; 1971 c 48 § 27; 1969 ex.s. c 223 § 28A.57.415.]
*~eviser's. note: ''educational service district superintendent" is
herem substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.57.415 Directors--Dissolution of directors' districts (as
amended by 1?75 1st e~.s. c .275). Upon receipt of a written petition
by an educat10nal service district superintendent signed by at least
twenty percent of the registered voters of a first or second class school
district theret.ofore divided into directors' districts after a majority
vote thereon m accordance with RCW 28A.57.050(4), which petition
~hall req_ues_t a return to the system of directors running at large withm the d1_stnct, the superintendent, after formation of the question to
b~ submitted to the voters, shall give notice thereof to the county auditor who shall call and hold a special election of the voters of the
entire school district to approve or reject such proposal, such election
to be called, conducted and the returns canvassed as in regular school
district elections.
If approval of a majority of those registered voters voting in said
election is acquired, at the expiration of terms of the incumbent directors of such school district their successors shall be elected at large
[1975 1st ex.s. c 275 § 107; 1971 c 48 § 27; 1969 ex.s. c 223 §
28A.57.415.]
Provisions Applicable to All School Districts
Reviser's note: RCW 28A.57.415 was amended twice at the 1975
regular and first extraordinary sessions of the legislature, each without
reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.58
PROVISIONS APPLICABLE TO ALL SCHOOL
DISTRICTS
Sections
28A.58.045 Real property--Sale--Appraisal required--Broker services--Real estate sales contracts, limitation.
28A.58.046 Repealed.
28A.58.046 I Real property--Sale--Use of proceeds.
28A.58.050 Removing child from school grounds during school
hours--Procedure.
28A.58.100 Hiring and discharging employees--Leaves for employees--Seniority and leave benefits, retention
upon transfers between schools.
28A.58. IOI Government of schools, pupils, employees, rules and
regulations for--Due process guarantees-Enforcement.
28A.58.103 Instructional materials--Instructional materials committee--Disposition of used or obsolete material.
28A.58. I 13 Fees for optional noncredit extracurricular events-Disposition.
28A.58. I l 5 Associated student bodies--Powers and responsibilities affecting (Provisions suspended until July I, 1976).
28A.58.120 Associated student body program fund--Created-Source of funds--Expenditures--Budgeting. (Effective July 1, 1976.)
28A.58.137 Employment of superintendent--Superintendent's
qualifications, general powers, term, contract renewal
(as amended by 1975 lst ex.s. c 137).
28A.58.137 Employment of superintendent--Superintendent's
qualifications, general powers, term (as amended by
1975 lst ex.s. c 254).
28A.58.150 Superintendent's duties.
28A.58.225 Education of pupils in another district.
28A.58.242 Appeal from certain decisions to deny student's request
to attend nonresident district--Procedure.
28A.58.243 Appeal from certain decisions to deny student's request
to attend nonresident district--Apportionment
credit.
28A.58.247 Community education programs--Restrictions.
28A.58.420 Liability, life, health, health care, accident, disability
and salary insurance authorized--Premiums.
28A.58.427 Liability insurance for officers and employees
authorized.
28A.58.430 Investment of funds, including funds received by
ESD--Authority--Procedure.
28A.58.450 Adverse change in contract status of certificated employee--N otice--Probable cause--Hearing-Decision.
28A.58.460 Adverse change in contract status of certificated employee--Notice of judicial appeal--Service--Filing--Contents.
28A.58.470 Adverse change in contract status of certificated employee--Certification and filing with court of transcript
by school board.
28A.58.480 Adverse change in contract status of certificated employee--Appeal to be heard de novo and expeditiously.
28A.58.490 Adverse change in contract status of certificated employee--Costs, attorney's fee and damages on appeal.
28A.58.500 Adverse change in contract status of certificated employee--Appeal to supreme court or court of appeals.
28A.58.510 Adverse change in contract status of certificated employee--Other appeal statutes not applicable.
28A.58.5 l 5 Direct judicial appeals in lieu of hearings provided in
RCW 28A.58.450 and 28A.67.070.
28A.58.530 Information and research services.
28A.58.560 Tax deferred annuities.
28A.58.045
28A.58.603 Change of district name--Procedure upon voter approval--Recording--Notice to interested
institutions.
28A.58.620 Actions against officers, employees or agents of school
districts and educational service districts--Defense,
costs, fees--Payment of obligation.
28A.58.630 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold
personally harmless.
28A.58.740 Deferred compensation plan for district employees-Limitations.
Annual distribution of funds according to weighted enrollment-Pupil/teacher ratio standard: RCW 28A.41.130.
Beneficial interests in contracts prohibited--Second and third class
districts--Exception: RCW 28A.60.355.
Educational employment relat10ns act: Chapter 41.59 RCW.
Housing for superintendent--Second and third class districts:
RCW 28A.60.350-28A.60.352.
Learning/language disabilities, screening for: RCW 28A.03.30028A.03.320.
Learning resources services: RCW 28A.03.095 and 28A.04.134.
Professional certification not to be required of superintendent, deputy
or assistant superintendents: RCW 28A.02.260.
Rules and regulations accepting national guard high school career
training: RCW 28A.04.133.
28A.58.045 Real property--Sale--Appraisal required--Broker services--Real estate sales contracts, limitation. The board of directors of any school
district of this state may:
(1) Sell for cash, at public or private sale, and convey
by deed all interest of the district in or to any of the
real property of the district which is no longer required
for school purposes if the value thereof is thirty-five
thousand dollars or less; and
(2) Purchase real property for the purpose of locating
thereon and affixing thereto any house or houses and
appurtenant buildings removed from school sites owned
by the district and sell for cash, at public or private
sale, and convey by deed all interest of the district in or
to such acquired and improved real property if the value of any single parcel thereof is thirty-five thousand
dollars or less.
Any sale of school district real property authorized
pursuant to this section shall be preceded by a market
value appraisal by three licensed real estate brokers selected by the board of directors and no sale shall take
place if the sale price would be less than ninety percent
of such appraised market value: Provided, That if the
property has been on the market for three years or
more the property may be sold for not less than seventy-five percent of the appraised value with the unanimous consent of the board.
If the appraised value of any parcel of real property
considered for sale is found by the board of directors to
be greater than thirty-five thousand dollars, the question of the sale thereof shall be submitted to a vote of
the voters of the district, either at a general or special
election called for that purpose. If a majority of the
votes cast thereat favor the sale of such real property
the board may make the sale. The sale may be made at
public auction or by other means consistent with realizing the highest sale price.
. If .in the judgment of the board of directors of any
d1stnct the sale of real property of the district not
needed for school purposes would be facilitated and
(1975 RCW Supp--p 2571
28A.58.045
Title 28A:
Common School Provisions
greater value realized through use of the services of licensed real estate brokers. a contract for such services
may be negotiated and concluded: Provided. That the
fee or commissions charged for any broker services
shall not exceed seven percent of the resulting sale value for a single parcel: Provided further, That any licensed real estate broker selected by the board to
appraise the market value of a parcel of property to be
sold may not be a party to any contract with the school
district to sell such parcel of property for a period of
three years after the appraisal.
If in the judgment of the board of directors of any
district the sale of real property of the district not
needed for school purposes would be facilitated and
greater value realized through sale on contract terms, a
real estate sales contract may be executed between the
district and buyer: Provided, That the terms and conditions of any such sales contract must comply with rules
and regulations of the state board of education, herein
authorized, governing school district real property contract sales. [ 1975 1st ex.s. c 243 § 1; 1969 ex.s. c 223 §
28A.58.045. Prior: 1963 c 67 § 1; 1953 c 225 § I. Formerly RCW 28.58.045.]
28A.58.046 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
28A.58.0461 Real property--Sale--Use of proceeds. The proceeds from any sale of school district real
property by a board of directors shall be used solely for
the purposes of school district bond retirement, real
property improvements, and the equipping or furnishing
of school district buildings or grounds. [ 1975 1st ex.s. c
243 § 2.]
28A.58.050 Removing child from school grounds during school hours--Procedure. The board of directors
of each school district by rule or regulation shall set
forth proper procedure to ensure that each school within their district is carrying out district policy providing
that no child will be removed from any school grounds
or building thereon during school hours except by a
person so authorized by a parent or legal guardian having legal custody thereof: Provided, That such rules and
regulations need not be applicable to any child in
grades nine through twelve. (1975 1st ex.s. c 248 § I.]
28A.58.100 Hiring and discharging employees-Leaves for employees-Seniority and leave benefits,
retention upon transfers between schools. Every board of
directors, unless otherwise specially provided by law,
shall:
(1) Employ for not more than one year, and for sufficient cause discharge all certificated and noncertificated
employees, and fix, alter, allow and order paid their
salaries and compensation;
(2) Adopt written policies granting leaves to persons
under contracts of employment with the school
district(s) in positions requiring either certification or
noncertification qualifications, including but not limited
to leaves for attendance at official or private institutes
and conferences and sabbatical leaves for employees in
(1975 RCW Supp--p 2581
positions requiring certification qualification. and leaves
for illness, injury, bereavement and, emergencies for
both certificated and noncertificated employees, and
with such compensation as the board of directors prescribe: Provided, That the board of directors shall
adopt written policies granting to such persons annual
leave with compensation for illness, injury and emergencies as follows:
(a) For such persons under contract with the school
district for a full year, at least ten days;
(b) For such persons under contract with the school
district as part time employees, at least that portion of
ten days as the total number of days contracted for
bears to one hundred eighty days;
(c) Compensation for leave for illness or injury actually taken shall be the same as the compensation such
person would have received had such person not taken
the leave provided in this proviso;
(d) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one
hundred eighty days, and such accumulated time may
be taken at any time during the school year;
(e) Sick leave heretofore accumulated under section
1, chapter 195, Laws of 1959 (former RCW 28.58.430)
and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW
28.58.430) is hereby declared valid, and shall be added
to leave for illness or injury accumulated under this
proviso;
(f) Accumulated leave under this proviso not taken at
the time such person retires or ceases to be employed in
the public schools shall not be compensable except in
the following manner: Any leave for injury or illness
accumulated up to a maximum of forty-five days shall
be creditable as service rendered for the purpose of determining the time at which an employee is eligible to
retire;
(g) Accumulated leave under this proviso shall be
transferred to and from one district to another, the
office of superintendent of public instruction and offices
of educational service district superintendents and
boards, to and from such districts and such offices;
(h) Leave accumulated by a person in a district prior
to leaving said district may, under rules and regulations
of the board, be granted to such person when he returns
to the employment of the district.
When any teacher or other certificated employee
leaves one school district within the state and commences employment with another school district within
the state, he shall retain the same seniority, leave benefits and other benefits that he had in his previous position. If the school district to which the person transfers
has a different system for computing seniority, leave
benefits, and other benefits, then the employee shall be
granted the same seniority, leave benefits and other
benefits as a person in that district who has similar occupational status and total years of service. [ 1975 1st
ex.s. c 275 § 108; 1972 ex.s. c 10 § 3. Prior: 1971 ex.s. c
203 § 1; 1971c48 § 28; 1969 ex.s. c 283 § 27; 1969 ex.s.
c 223 § 28A.58.100; prior: (i) 1969 c 53 § 1, part; 1967
ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 §
Provisions Applicable to All School Districts
3, part; 1963 c 104 § I, part; 1963 c 5 § I, part; 1961 c
305 § I, part; 1961 c 237 § I, part; 1961 c 66 § I, part;
1955 c 68 § 2, part; prior: 1943 c 52 § l, part; 1941 c
179 § l, part; 1939 c 131 § l, part; 1925 ex.s. c 57 § l,
part; 1919 c 89 § 3, part; 1915 c 44 § l, part; 1909 c 97
p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17,
part; 1901 c 41 § 3, part; 1897 c 118 § 40, part; 1890 p
364 § 26, part; Rem. Supp. 1943 § 4776, part. Formerly
RCW 28.58. l 00(1) and (3), part, and (15). (ii) 1965 ex.s.
c 49 § 3. Formerly RCW 28.67.076.]
Severability-1969 ex.s. c 283: See note following RCW
28A.02.06 l.
28A.58.101 Government of schools, pupils, employees, rules and regulations for--Due process guarantees--Enforcement. Every board of directors, unless
otherwise specifically provided by law, shall:
( l) Enforce the rules and regulations prescribed by
the superintendent of public instruction and the state
board of education for the government of schools, pupils, and certificated employees.
(2) Adopt and make available to each pupil, teacher
and parent in the district reasonable written rules and
regulations regarding pupil conduct, discipline, and
rights. Such rules and regulations shall not be inconsistent with law or the rules and regulations of the superintendent of public instruction or the state board of
education and shall include such substantive and procedural due process guarantees as prescribed by the
state board of education under RCW 28A.04.132.
Commencing with the 1976-77 school year, when such
rules and regulations are made available to each pupil,
teacher and parent, they shall be accompanied by a detailed description of rights, responsibilities and authorities of teachers with respect to pupils as prescribed by
state and local law, rule and regulation.
(3) Suspend, expel, or discipline pupils in accordance
with RCW 28A.04.132. [1975 1st ex.s. c 254 § I; 1971
ex.s. c 268 § I; 1969 ex.s. c 223 § 28A.58. l 0 I. Prior:
1969 c 53 § I, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 §
I, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part;
1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1,
part; 1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly
RCW 28.58.100(2), (6).]
Severability-1975 1st ex.s. c 254: See note following RCW
28A.02.260.
28A.58.103 Instructional materials--lnstructional
materials committee--Disposition of used or obsolete
material. Every board of directors, unless otherwise
specifically provided by law, shall:
(I) Prepare, negotiate, set forth in writing and adopt,
policy relative to the selection of instructional materials.
Such policy shall:
(a) State the school district's goals and principles relative to instructional materials;
(b) Delegate responsibility for the preparation and
recommendation of teachers' reading lists and specify
the procedures to be followed in the selection of all instructional materials including text books;
(c) Establish an instructional materials committee to
be appointed, with the approval of the school board, by
28A.58.113
the school district's chief administrative officer. This
committee shall consist of representative members of
the district's professional staff, including representation
from the district's curriculum development committees,
and, in the case of districts which operate elementary
school(s) only, the educational service district superintendent, one of whose responsibilities shall be to assure
the correlation of those elementary district adoptions
with those of the high school district(s) which serve
their children;
(d) Provide for terms of office for members of the instructional materials committee;
(e) Provide a system for receiving, considering and
acting upon written complaints regarding instructional
materials used by the school district;
(f) Provide free text books, supplies and other instructional materials to be loaned to the pupils of the
school, when, in its judgment, the best interests of the
district will be subserved thereby and prescribe rules
and regulations to preserve such books, supplies and
other instructional materials from unnecessary damage.
Recommendation of instructional materials shall be
by the district's instructional materials committee in accordance with district policy. Approval shall be by the
local school district's board of directors.
Districts may pay the necessary travel and subsistence expenses for expert counsel from outside the district. In addition, the committee's expenses incidental to
visits to observe other districts' selection procedures
may be reimbursed by the school district.
Districts may, within limitations stated in board policy, use and experiment with instructional materials for
a period of time before general adoption is formalized.
Within the limitations of board policy, a school district's chief administrator may purchase instructional
materials to meet deviant needs or rapidly changing
circumstances.
(2) Establish a depreciation scale for determining the
value of texts which students wish to purchase.
Local boards of school directors may declare selected
instructional materials 'obsolete and dispose of them by
sale to the highest bidder, following public notice in a
newspaper of general circulation in the area. [ 1975 lst
ex.s. c 275 § 109; 1971 c 48 § 29; 1969 ex.s. c 223 §
28A.58. I 03. Prior: 1969 c 53 § I, part; 1967 ex.s. c 29 §
I, part; 1967 c 12 § I, part; 1965 ex.s. c 49 § I, part;
1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § I,
part; 1961 c 237 § I, part; 1961 c 66 § I, part; 1955 c 68
§ 2, part. Formerly RCW 28.58.100(8) and (9).]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.58.113 Fees for optional noncredit extracurricular events--Disposition. The board of directors of any
common school district may establish and collect a fee
from students and nonstudents as a condition to their
attendance at any optional noncredit extracurricular
event of the district which is of a cultural, social, recreational or athletic nature: Provided, That in so establishing such fee or fees, the district shall adopt
regulations for waiving and reducing such fees in the
cas~s of t?ose students whose families, by reason of
thetr low mcome, would have difficulty in paying the
(1975 RCW Supp--p 259)
28A.58.l 13
Title 28A:
Common School Provisions
entire amount of such fees. An optional comprehensive
fee may be established and collected for any combination or all of such events or, in the alternative, a fee
may be established and collected as a condition to attendance at any single event. Fees collected pursuant to
this section shall be deposited in the associated student
body program fund of the school district, and may be
expended to defray the costs of optional noncredit extracurricular events of such a cultural, social, recreational or athletic nature, or to otherwise support the
activities and programs of associated student bodies.
[1975 lst ex.s. c 284 §I.]
Severability--1975 1st ex.s. c 284: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of the act, or the application of its provisions to other persons or circumstances is not affected." (1975 !st ex.s. c 284 § 4.) This
applies to RCW 28A.58.113, 28A.58.115 and 28A.58.120.
28A.58. l 15 Associated student bodies--Powers
and responsibilities affecting (Provisions suspended until
July 1, 1976). As used in this section, an "associated
student body" means the formal organization of the
students of a school formed with the approval of and
regulation by the board of directors of the school district in conformity to the rules and regulations promulgated by the superintendent of public instruction.
The superintendent of public instruction, after consultation with appropriate school organizations and students, shall promulgate rules and regulations to
designate the powers and responsibilities of the boards
of directors of the school districts of the state of
Washington in developing efficient administration,
management, and control of moneys, records, and reports of the associated student bodies organized in the
public schools of the state.
The application of the provisions of this section is
suspended until July 1, 1976. [1975 lst ex.s. c 284 § 3;
1973 c 52 § !.]
Severability--1975 1st ex.s. c 284: See note following RCW
28A.58. I 13.
28A.58.120 Associated student body program
fund--Created--Source of funds--Expenditures--Budgeting. (Effective July 1, 1976.) There is
hereby created a fund on deposit with each county
treasurer for each school district of the county having
an associated student body as defined in RCW 28A.58. l l 5. Such fund shall be known as the associated student body program fund. Rules and regulations
promulgated by the superintendent of public instruction
under RCW 28A.58. l l 5 shall require separate accounting for each associated student body's transactions in
the school district's associated student body program
fund.
All moneys generated through the programs and activities of any associated student body shall be deposited in the associated student body program fund. Such
funds may be invested for the sole benefit of the associated student body program fund in items enumerated in
RCW 28A.58.440 and the county treasurer may assess a
fee as provided therein. Disbursements from such fund
shall be under the control and supervision, and with the
(1975 RCW Supp----p 2601
approval, of the board of directors of the school district,
and shall be by warrant as provided in chapter 28A.66
RCW: Provided, That in no case shall such warrants be
issued in an amount greater than the funds on deposit
with the county treasurer in the associated student body
program fund. To facilitate the payment of minor or
unexpected obligations, or obligations which require
immediate payment, an imprest bank account or accounts may be created and replenished from the associated student body program fund.
The associated student body program fund shall be
budgeted by the associated student body, subject to approval by the board of directors of the school district.
All disbursements from the associated student body
program fund or any imprest bank account established
thereunder shall have the prior approval of the appropriate governing body representing the associated student body. Notwithstanding the provisions of RCW
43.09.210, it shall not be mandatory that expenditures
from the district's general fund in support of associated
student body programs and activities be reimbursed by
payments from the associated student body program
fund.
The effective date of this section shall be July 1, 1976.
[1975 lst ex.s. c 284 § 2.]
Severability--1975 1st ex.s. c 284: See note following RCW
28A.58. l 13.
28A.58.137 Employment of superintendent--Superintendent's
qualifications, general powers, term, contract renewal (as amended by
1975 1st ex.s. c 137). In all districts the board of directors shall elect a
superintendent who shall hold a valid teacher's certificate and such
other credentials as required by the state board of education. He shall
have supervision over the several departments of the schools thereof
and carry out such other powers and duties as prescribed by law.
Notwithstanding the provisions of RCW 28A.58.IOO(l), the board
may contract with such superintendent for a term not to exceed three
years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall
rest solely with the discretion of the school board employing such
school superintendent. Regarding such renewal contracts of school
superintendents the provisions of RCW 28A.58.450 through 28A.58.5J5, 28A.67.065, 28A.67.070, 28A.67.074 and 28A.88.0IO shall be inapplicable. (1975 !st ex.s. c 137 § I; 1969 ex.s. c 223 § 28A.58.137.
Prior: (i) 1909 c 97 p 300 § 11; RRS § 4821. Formerly RCW 28.63.060. (ii) 1909 c 97 p 302 § 8; RRS § 4830. Formerly RCW 28.63.062.
(iii) 1909 c 97 p 302 § 9; RRS § 4831. Formerly RCW 28.63.064. (iv)
1909 c 97 p 290 § 4, part; RRS § 4793, part. Formerly RCW 28.62.040, part.]
28A.58.137 Employment of superintendent-Superintendent's
qualifications, general powers, term (as amended by 1975 1st ex.s. c
254). In all districts the board of directors shall elect a superintendent
who shall have such qualifications as the local school board alone
shall determine. He shall have supervision over the several departmei;its of the s~hools thereof and carry out such other powers and
duties as prescnbed by law. Notwithstanding the provisions of RCW
28A.58.IOO(I), the board may contract with such superintendent for a
term not to exceed three years when deemed in the best interest of the
district. (1975 !st ex.s. c 254 § 2; 1969 ex.s. c 223 § 28A.58.137. Prior:
(i) 1909 c 97 p 300 § 11; RRS § 4821. Formerly RCW 28.63.060. (ii)
1909 c 97 p 302 § 8; RRS § 4830. Formerly RCW 28.63.062. (iii) 1909
c 97 p 302 § 9; RRS § 4831. Formerly RCW 28.63.064. (iv) 1909 c 97
p 290 § 4, part; RRS § 4793, part. Formerly RCW 28.62.040, part.]
Reviser's note: RCW 28A.58.J37 was amended twice during the
1975 first extraordinary session of the legislature, each without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Provisions Applicable to All School Districts
Severability-1975 1st ex.s. c 254: See note following RCW
28A.02.260.
Professional certification not to be required of superintendents, deputy or assistant superintendents: RCW 28A.02.260.
28A.58.150 Superintendent's duties. In addition to
such other duties as a district school board shall prescribe the school district superintendent shall:
(1) Attend all meetings of the board of directors and
cause to have made a record as to the proceedings
thereof.
(2) Keep such records and reports and in such form
as the district board of directors require or as otherwise
required by law or rule or regulation of higher administrative agencies and turn the same over to his successor.
(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his
record book of board proceedings for public inspection,
and shall make a statement of the financial condition of
the district and such record book must always be open
for public inspection.
(4) Take annually in May of each year a census of all
persons between the ages of four and twenty who were
bona fide residents of the district on the first day of
May of that year. He shall designate the name and sex
of each child, and the date of its birth; the number of
weeks it has attended school during the school year, its
post office address, and such other information as the
superintendent of public instruction shall desire. Parents or guardians may be required to verify as to the
correctness of this report. He shall also list separately
all defective persons between the ages of four and
twenty and give such information concerning them as
may be required by the superintendent of public instruction. The board of directors may employ additional persons and compensate the same to aid the
superintendent in carrying out such census.
(5) Make to the educational service district superintendent on or before the fifteenth day of July his annual
report verified by affidavit upon forms to be furnished
by the superintendent of public instruction. It shall
contain such items of information as said superintendent of public instruction shall require, including the
following: A full and complete report of all children
enumerated under subsection (4) above; the number of
schools or departments taught during the year; the
number of children, male and female, enrolled in the
school, and the average daily attendance; the number
of teachers employed, and their compensation per
month; the number of days school was taught during
the past school year, and by whom; and the number of
volumes, if any, in the school district library; the number of school houses in the district, and the value of
them; and the aggregate value of all school furniture
and apparatus belonging to the district. The superintendent shall keep on file a duplicate copy of said report.
(6) Give such notice of all annual or special elections
as otherwise required by law; also give notice of the
regular and special meetings of the board of directors.
(7) Report to the educational service district superintendent at the beginning of each term of school the
name of every teacher and their proposed length of
28A.58.242
term, and supply each such teacher with school registers
furnished by the educational service district
superintendent.
(8) Sign all orders for warrants ordered to be issued
by the board of directors.
(9) Carry out all orders of the board of directors
made at any regular or special meeting. [ 1975 1st ex.s. c
275 § l 10; 1971 c 48 § 30; 1969 ex.s. c 223 § 28A.58. l50. Prior: 1909 c 97 p 304 § 2; RRS § 4842; prior:
1907 c 163 § 3; 1899 c 142 § 10; 1897 c l 18 § 49; 1893 c
107 § 5; 1891 c 127 § 12; 1890 p 367 § 34; Code 1881
§§ 3194, 3195, 3196, 3197; 1873 p 428 §§ 10, 11, 12, 13.
Formerly RCW 28.58.150.]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.58.225 Education of pupils in another district. A
local district may be authorized by the educational
service district superintendent to transport and educate
its pupils in another district for one year, either by payment of a compensation agreed upon by such school
districts, or under other terms mutually satisfactory to
the districts concerned when this will afford better educational facilities for the pupils and when a saving may
be effected in the cost of education. Such authorization
may be extended for an additional year at the discretion of the educational service district superintendent.
[1975 lst ex.s. c 275 § l l l; 1969 ex.s. c 176 § 141; 1969
ex.s. c 223 § 28A.58.225. Prior: 1965 ex.s. c l 54 § 10.
Formerly RCW 28.24.110.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.58.242 Appeal from certain decisions to deny
student's request to attend nonresident district--Procedure. The decision of a school district within which a
student under the age of twenty-one years resides or of
a school district within which such a student under the
age of twenty-one years was last enrolled and is considered to be a resident for attendance purposes by operation of law, to deny such student's request for release
to a nonresident school district by an agreement pursuant to RCW 28A.58.240 may be appealed to the state
board of education: Provided, That the school district
of proposed transfer is willing to accept the student.
The state board of education or its designee shall
hear the appeal and examine the evidence. The state
board of education may order the resident district to
release such a student who is under the age of twentyone years in the event it finds that a special hardship or
detrimental condition of a financial, educational, safety
or health nature affecting the student or the student's
immediate family or custodian may likely be significantly alleviated as a result of the transfer. The decision
of the state board of education may be appealed to superior court pursuant to chapter 34.04 RCW, the administrative procedure act, as now or hereafter
amended. [1975 lst ex.s. c 66 § I.]
. Sever.ability-1975 1st ex.s. c 66: "If any provision of this act, or
its ~pplication to any person or circumstance is held invalid, the remamder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 !st ex.s. c 66 § 4.] This
[1975 RCW Supp--p 2611
28A.58.2·"2
Title 28A:
Common School Provisions
applies to RCW 28A.58.242, 28A.58.243 and the repeal of RCW
28A.48.040 and 28A.48.050.
28A.58.243 Appeal from certain decisions to deny
student's request to attend nonresident district--Apportionment credit.
If a student under the age of twenty-one years is allowed to enroll in any common school outside the
school district within which the student resides or a
school district of which the student is considered to be
a resident for attendance purposes by operation of law,
the student's attendance shall be credited to the nonresident school district of enrollment for state apportionment and all other purposes. [1975 1st ex.s. c 66 §
2.]
*Reviser's note: "educational service district" is herein substituted
for "intermediate school district" pursuant to RCW 28A.21.0IO and
28A.2 l. 900.
Effective date--1975 c 47: "This act shall take effect on January
I, 1976." [1975 c 47 § 2.) This applies to RCW 28A.58.430.
28A.58.450 Adverse change in contract status of certificated employee--Notice--Probable cause-Hearing--Decision.
RCW 28A.58.450 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.58.460 Adverse change in contract status of certificated employee--Notice of judicial appeal-Service---Filing--Contents.
Severability--1975 1st ex.s. c 66: See note following RCW
28A.58.242.
RCW 28A.58.460 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.58.247
strictions.
28A.58.470 Adverse change in contract status of certificated employee
Certification and filing with court
of transcript by school board.
Community education programs-Re-
Cooperation mandated between common school and community college districts: RCW 28C.04.070.
28A.58.420 Liability, life, health, health care, accident, disability and salary insurance authorized--Premiums.
Deducations from retirement allowances for medical, hospital or other health care: RCW 41.32.680.
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
28A.58.427 Liability insurance for officers and employees authorized. See RCW 36.16.138.
28A.58.430 Investment of funds, including funds received by ESD--Authority--Procedure. Any common school district board of directors is empowered to
direct and authorize, and to delegate authority to an
employee of the common school district or the *educational service district to direct and authorize, the county
treasurer to invest funds described in RCW 28A.58.435
and 28A.58.440 and funds from state and federal
sources as are then or thereafter received by the *educational service district, and such funds from county
sources as are then or thereafter received by the county
treasurer, for distribution to the common school districts. Funds from state, county and federal sources
which are so invested may be invested only for the period the funds are not required for the immediate necessities of the common school district as determined by
the school district board of directors or its delegatee,
and shall be invested in behalf of the common school
district pursuant to the terms of RCW 28A.58.435 or
28A.58.440, as now or hereafter amended, as the nature
of the funds shall dictate. A grant of authority by a
common school district pursuant to this section shall be
by resolution of the board of directors and shall specify
the duration and extent of the authority so granted.
Any authority delegated to an *educational service district pursuant to this section may be redelegated pursuant to RCW 28A.21.095. as now or hereafter amended.
[1975 c 47 § I.]
(1975 RCW Supp--p 2621
RCW 28A.58.470 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.58.480 Adverse change in contract status of certificated employee---Appeal to be heard de novo and
expeditiously.
RCW 28A.58.480 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.58.490 Adverse change in contract status of certificated employee
Costs, attorney's fee and damages
on appeal.
RCW 28A.58.490 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.58.500 Adverse change in contract status of certificated employee---Appeal to supreme court or court
of appeals.
RCW 28A.58.500 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.58.510 Adverse change in contract status of certificated employee-Other appeal statutes not applicable.
RCW 28A.58.5 JO not applicable to contract renewal of school superintendents: RCW 28A.58.137.
28A.58.515 Direct judicial appeals in lieu of hearings
provided in RCW 28A.58.450 and 28A.67.070.
R~W 28A.58.5 I 5 not applicable to contract renewal of school super-
intendent: RCW 28A.58.137.
28A.58.530 Information and research services. For
the_ purpose _o~ obt~ining infor?1ation on school organiz_atlon, admm1stratlon, operation, finance and instruct10n, school districts and educational service districts
may contract for or purchase information and research
services from public universities, colleges and other
public bodies, or from private individuals or agencies.
For the same purpose, school districts and educational
service district superintendents may become members
Provisions Applicable to All School Districts
28A.58.740
of any nonprofit organization whose principal purpose
is to provide such services. Charges payable for such
services and membership fees payable to such organizations may be based on the cost of providing such services, on the benefit received by the participating school
districts measured by enrollment, or on any other reasonable basis, and may be paid before, during, or after
the receipt of such services or the participation as
members of such organizations. [1975 1st ex.s. c 275 §
112; 1971 ex.s. c 93 § 4; 1969 ex.s. c 176 § 142; 1969
ex.s. c 223 § 28A.58.530. Prior: 1963 c 30 § I. Formerly
RCW 28.58.530.]
said claim, suit or proceeding, and the costs of defense,
attorney's fees, and any obligation for payment arising
from such action may be paid from the school district's
general fund, or in the case of an educational service
district, from any appropriation made for the support of
the educational service district, to which said person is
attached: Provided, That costs of defense and/or judgment against such person shall not be paid in any case
where the court has found that such person was not
acting in good faith or within the scope of his employment with or duties for the district. [1975 I st ex.s. c 275
§ 115; 1972 ex.s. c 142 § I.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.58.630 Officers, employees or agents of school
districts or educational service districts, insurance to protect and hold personally harmless. Any school district
board of directors and educational service district
board are authorized to purchase insurance to protect
and hold personally harmless any director, officer, employee or agent of the respective school district or educational service district from any action, claim or
proceeding instituted against him arising out of the performance or failure of performance of duties for or employment with such institution and to hold him
harmless from any expenses connected with the defense,
settlement or monetary judgments from such actions.
[1975 1st ex.s. c 275 § 116; 1972 ex.s. c 142 § 2.]
28A.58.560 Tax deferred annuities. The board of directors of any school district, the Washington state
teachers' retirement system, the superintendent of public instruction, and educational service district superintendents are authorized to provide and pay for tax
deferred annuities for their respective employees in lieu
of a portion of salary or wages as authorized under the
provisions of 26 U.S.C., section 403(b), as amended by
Public Law 87-370, 75 Stat. 796, as now or hereafter
amended. The superintendent of public instruction and
educational service district superintendents, if eligible,
may also be provided with such annuities. [1975 1st
ex.s. c 275 § 113; 1971 c 48 § 31; 1969 c 97 § 2; 1969
ex.s. c 223 § 28A.58.560. Prior: 1965 c 54 § I, part.
Formerly RCW 28.02.120, part.]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.58.603 Change of district name--Procedure
upon voter approval--Recording--Notice to interested institutions. If a majority of the electors voting at
the election at which the proposed name is voted upon
approve the proposed name, the new name shall be recorded in the school district office, the office of the educational service district superintendent, the offices of
the state superintendent of public instruction and the
state board of education.
All institutions which have a legal or financial interest in the status of a school district whose name has
been changed shall be notified in a manner prescribed
by the state attorney general. [1975 1st ex.s. c 275 § 114;
1971 c 48 § 32; 1969 ex.s. c 223 § 28A.58.603. Prior:
1967 ex.s. c 69 § 4. Formerly RCW 28.58.603.]
Severability-1971 c 48: See note following RCW 28A.04.040.
28A.58.620 Actions against officers, employees or
agents of school districts and educational service districts--Defense, costs, fees--Payment of obligation.
Whenever any action, claim or proceeding is instituted
against any director, officer, employee or agent of a
school district or educational service district arising out
of the performance or failure of performance of duties
for, or employment with any such district, the board of
directors of the school district or educational service
district board, as the case may be, may grant a request
by such person that the prosecuting attorney and/or attorney of the district's choosing be authorized to defend
28A.58.740 Deferred compensation plan for district
employees--Limitations. In addition to any other
powers and duties, any school district may contract
with any classified or certificated employee to defer a
portion of that employee's income, which deferred portion shall in no event exceed the appropriate internal
revenue service exclusion allowance for such plans, and
shall subsequently with the consent of the employee,
deposit or invest in a credit union, savings and loan association, bank, mutual savings bank, or purchase life
insurance, shares of an investment company, or a fixed
and/or variable annuity contract, for the purpose of
funding a deferred compensation program for the employee, from any life underwriter or registered representative duly licensed by this state who represents an
insurance company or an investment company licensed
to contract business in this state. In no event shall the
total investments or payments, and the employee's nondeferred income for any year exceed the total annual
salary, or compensation under the existing salary
schedule or classification plan applicable to such employee in such year. Any income deferred under such a
plan shall continue to be included as regular compensation, for the purpose of computing the retirement and
pension benefits earned by any employee, but any sum
so deducted shall not be included in the computation of
any taxes withheld on behalf of any such employee.
[1975 1st ex.s. c 205 § I; 1974 ex.s. c 11 § 1.]
(1975 RCW Supp--p 263(
Chapter 28A.59
Title 28A:
Common School Provisions
Chapter 28A.59
PROVISIONS APPLICABLE ONLY TO FIRST
CLASS DISTRICTS
Sections
28A.59.080 Superintendent's bond and oath.
28A.59.!50 Auditing committee and expenditures--Examination
by educational service district superintendent.
Professional certification not to be required of superintendent, deputy
or assistant superintendents: RCW 28A.02.260.
28A.59.080 Superintendent's bond and oath. Before
entering upon the discharge of his duties, the superintendent as secretary of the board shall give bond in
such sum as the board of directors may fix from time to
time, but for not less than five thousand dollars. with
good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer
that he will support the Constitution of the United
States and of the state of Washington and faithfully
perform the duties of his office, a copy of which oath or
affirmation shall be filed with the educational service
district superintendent. [1975 1st ex.s. c 275 § 117; 1971
c 48 § 33; 1969 ex.s. c 223 § 28A.59.080. Prior: 1909 c
97 p 291 § 8; RRS § 4797. Formerly RCW 28.62.080.]
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.59.150 Auditing committee and expenditures--Examination by educational service district superintendent. All accounts shall be audited by a
committee of board members chosen in such manner as
the board so determines to be styled the "auditing
committee," and, except as otherwise provided by law,
no expenditure greater than three hundred dollars shall
be voted by the board except in accordance with a
written contract, nor shall any money or appropriation
be paid out of the school fund except on a recorded affirmative vote of a majority of all members of the
board: Provided, That nothing herein shall be construed to prevent the board from making any repairs or
improvements to the property of the district through
their shop and repair department as otherwise provided
in RCW 28A.58. l 35; and the accounts and the records
of said board shall at all times be subject to the inspection and examination of the educational service district
superintendent, whose duty it shall be, annually, to examine said records and check said accounts, and report
in writing to the proper board of county commissioners
the nature and state of said accounts, and any facts that
may be required concerning said records. [1975 1st ex.s.
c 275 § 118; 1971 c 48 § 34; 1969 ex.s. c 223 § 28A.59.l50. Prior: 1909 c 97 p 292 § 14; RRS § 4803. Formerly RCW 28.62.150, 28.62.160.]
Severability--1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.60
PROVISIONS APPLICABLE ONLY TO SECOND
AND THIRD CLASS DISTRICTS
Sections
28A.60.0IO Organization of board--Assumption of superintendent's duties by board member, when.
28A.60.070 Notice to ESD superintendent of change of chairman or
superintendent (as amended by 1975 c 43).
(1975 RCW Supp---p 2641
28A.60.070 Notice to ESD superintendent of change of chairman or
superintendent--Second and third class districts (as
amended by 1975 1st ex.s. c 275).
28A.60.185 Repealed.
28A.60.186 Approval of building plans--Third class districts.
(Amended)
28A.60.186 Approval of building plans--Third class districts.
(Repealed)
28A.60.190 School property used for public purposes.
28A.60.200 School property used for public purposes--Community buildings.
28A.60.210 School property used for public purposes--Special
state commission to pass on plans (as amended by
1975 c 43).
28A.60.210 School property used for public purposes--Special
state commission to pass on plans (as amended by
1975 !st ex.s. c 275).
28A.60.310 Attorney may be employed.
28A.60.320 School physician or school nurse may be employed.
28A.60.328 Drawing and issuance of warrants.
28A.60.350 Housing for superintendent--Authorized-Limitation.
28A.60.352 Housing for superintendent--Prior contracts, indebtedness, validated.
28A.60.355 Beneficial interests in contracts prohibited-Exception.
Professional certification not to be required of superintendent, deputy
or assistant superintendents: RCW 28A.02.260.
28A.60.0to Organization of board--Assumption of
superintendent's duties by board member, when. The
term of office of directors of districts of the second class
shall begin, and the board shall organize, as provided in
RCW 29.13.050. At the first meeting of the members of
the board they shall elect a chairman from among their
number who shall serve for a term of one year or until
his successor is elected. The school district superintendent as defined in RCW 28A.Ol.100 shall serve as secretary to the board. Whenever a district shall be
without the services of such a superintendent and the
business of the district necessitates action thereby, the
board shall appoint any member thereof to carry out
the superintendent's powers and duties for the district.
[1975 c 43 § 14; 1969 ex.s. c 223 § 28A.60.010. Prior:
1953 c Ill§ 1; prior: (i) 1909 c 97 p 298 § 5; RRS §
4815. (ii) 1909 c 97 p 301 § 5; RRS § 4827. Formerly
RCW 28.63.010.]
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.60.070
Notice to ESD superintendent of change of chairman or
amended by 1975 c 43). Every school district supenntendent m d1stncts of the se~ond class shall within ten days after
any change m the office of chairman or superintendent, notify the
*educational service district superintendent of such change. [1975 c 43
§ 15; 1971 c 48 § 35; 1969 ex.s. c 223 § 28A.60.070. Prior: 1909 c 97 p
304 § I; RRS § 4841; pnor: 1903 c 104 § 19. Formerly RCW
28.63.070.)
superintenden~ (~
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.0IO and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.60.070 Notice to ESD superintendent of change of chairman or
superintendent-Second and third. cl~ distri~ (as amended by
1975 1st ex.s. c 275). Every school d1stnct supenntendent in districts
of the second and the third class shall within ten days after any
change in the office of chairman or superintendent, notify the educational service district superintendent of such change. [1975 !st ex.s. c
275 § 119; 1971 c 48 § 35; 1969 ex.s. c 223 § 28A.60.070. Prior: 1909 c
Second And Third Class Districts
97 p 304 § l; RRS § 4841; prior: 1903 c 104 § 19. Formerly RCW
28.63.070.]
Reviser's note: RCW 28A.60.070 was amended twice by the 1975
regular and first extraordinary sessions of the legislature, each without
reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.60.185 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
28A.60.186 Approval of building plans--Third class districts.
Whenever any board of directors of school districts of the third class
shall be authorized by the electors of their districts to erect a school
building, such board, before entering into any contract for the erection of any such building, shall obtain the approval of the educational
service district board of the plans and specifications for the building
to be erected, including approval of the heating, lighting, ventilating,
and safety thereof. [1975 1st ex.s. c 275 § 120; 1971 ex.s. c 282 § 39;
1971 c 48 § 36; 1969 ex.s. c 223 § 28A.60.186. Prior: 1919 c 90 § 7;
1909 c 97 p 289 § 14; RRS § 4789; prior: 1907 c 163 § 2. Formerly
RCW 28.58.300, 28.58.301.]
Reviser's note: The amendment of this section by 1975 !st ex.s. c
275 does not take cognizance of the section's repeal by 1975 c 43 § 36.
Severability--1971 ex.s. c 282: See note following RCW
28A.2l.O10.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.60.186 Approval of building plans--Third class districts.
[1971 ex.s. c 282 § 39; 1971 c 48 § 36; 1969 ex.s. c 223 § 28A.60.186.
Prior: 1919 c 90 § 7; 1909 c 97 p 289 § 14; RRS § 4789; prior: 1907 c
163 § 2. Formerly RCW 28.58.300, 28.58.301.] Repealed by 1975 c 43
§ 36.
Reviser's note: This section was also amended by 1975 1st ex.s. c
275 § 120 without cognizance of the repeal thereof.
28A.60.190 School property used for public purposes.
School boards in each district of the second class may
provide for the free, comfortable and convenient use of
the school property to promote and facilitate frequent
meetings and association of the people in discussion,
study, improvement, recreation and other community
purposes, and may acquire, assemble and house material for the dissemination of information of use and interest to the farm, the home and the community, and
facilities for experiment and study, especially in matters
pertaining to the growing of crops, the improvement
and handling of livestock, the marketing of farm products, the planning and construction of farm buildings,
the subjects of household economies, home industries,
good roads, and community vocations and industries;
and may call meetings for the consideration and discussion of any such matters, employ a special supervisor, or leader, if need be, and provide suitable dwellings
and accommodations for teachers, supervisors and necessa,ry assistants. [1.975 c 43 § 16; 1969 ex.s. c 223 §
28A.60.190. Prior: 1913 c 129 § l; RRS § 4837. Formerly RCW 28.63.190.]
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.60.200 School property used for public purposes--Community buildings. Each school district of
the second class, by itself or in combination with any
other district or districts, shall have power, when in the
28A.60.320
judgment of the school board it shall _be deemed expedient, to reconstruct, remodel, or bmld schoolhouses,
and to erect, purchase, lease or otherwise acquire other
improvements and real and personal property, and establish a communal assembly place and appurtenances,
and supply the same with suitable and convenient furnishings and facilities for the uses mentioned in RCW
28A.60. l 90, as now or hereafter amended. [ 1975 c 43 §
17; 1969 ex.s. c 223 § 28A.60.200. Prior: 1913 c 129 § 2;
RRS § 4838. Formerly RCW 28.63.200.]
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.'
28A.60.210 School property used for public purposes--Special
state commission to pass on plans (as amended by 1975 c 43). Plans of
any second class district or combination of districts for the carrying
out of the powers granted by RCW 28A.60.190 through 28A.60.220,
as now or hereafter amended, shall be submitted to and approved by
a board of supervisors composed of members, as follo_ws: The superintendent of public instruction; the head of the extenston department
of Washington State University; the head of the extenston department
of the University of Washington; and the *educational service district
superintendent; these to choose one member from such county m
which the facilities are proposed to be located, and two members,
from the district or districts concerned. [1975 c 43 § 18; 1973 1st ex.s.
c 154 § 46; 1971 c 48 § 37; 1969 ex.s. c 223 § 28A.60.210. Prior: 1913
c 129 § 3; RRS § 4839. Formerly RCW 28.63.210.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.60.210 School property used for public purposes--Special
state commission to pass on plans (as amended by 1975 1st ex.s. c 275).
Plans of any second or third class district or combination of districts
for the carrying out of the powers granted by RCW 28A.60. I 90
through 28A.60.220 shall be submitted to and approved by a board of
supervisors composed of members, as follows: The superintendent of
public instruction; the head of the extension department of
Washington State University; the head of the extension department of
the University of Washington; and the educational service district superintendent; these to choose one member from such county in which
the facilities are proposed to be located, and two members, from the
district or districts concerned. [1975 1st ex.s. c 275 § 121; 1973 1st
ex.s. c 154 § 46; 1971 c 48 § 37; 1969 ex.s. c 223 § 28A.60.210. Prior:
1913 c 129 § 3; RRS § 4839. Formerly RCW 28.63.210.]
Reviser's note: RCW 28A.60.210 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1973 1st ex.s. c 154: See note following RCW
2.12.030.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.60.310 Attorney may be employed. The board of
directors of every second class district in addition to
their other powers are authorized to employ an attorney
and to prescribe his duties and fix his compensation.
[1975 c 43 § 19; 1971 c 8 § 5. Prior: 1967 c 220 § 1.
Formerly RCW 28.63.340.]
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
Severability--1971 c 8: See note following RCW 28A.58.435.
28A.60.320 School physician or school nurse may be
employed. The board of directors of any school district
of the second class may employ a regularly licensed
11975 RCW Supp---p 265)
28A.60.320
Title 28A:
Common School Provisions
physician or a licensed public health nurse for the purpose of protecting the health of the children in said district. [ 1975 c 43 § 20; 1969 ex.s. c 223 § 28A.60.320.
Prior: 1937 c 60 § I; RRS § 4776--4. Formerly RCW
28.31.080.)
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.60.328 Drawing and issuance of warrants. Second class school districts, subject to the approval of the
superintendent of public instruction, may draw and issue warrants for the payment of moneys upon approval
of a majority of the board of directors, such warrants to
be signed by the chairman of the board and countersigned by the secretary: Provided, That when, in the
judgment of the board of directors, the orders for warrants issued by the district monthly shall have reached
such numbers that the signing of each warrant by the
chairman of the board personally imposes too great a
task on the chairman, the board of directors, after auditing all payrolls and bills, may authorize the issuing of
one general certificate to the county treasurer. to be
signed by the chairman of the board, authorizing said
treasurer to pay all the warrants specified by date,
number, name and amount, and the funds on which
said warrants shall be drawn; thereupon the secretary
of said board shall be authorized to draw and sign said
orders for warrants.
Accounts and the records of second class school districts drawing and issuing warrants as provided in this
section shall at all times be subject to the inspection
and examination of the *educational service district superintendent, whose duty it shall be, annually, to examine said records and check said accounts, and report in
writing to the proper board of county commissioners
the nature and state of said accounts, and any facts that
may be required concerning said records. (1975 c 43 §
21; 1973 c 111 § 1.]
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
Severability--1973 c 111: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1973 c 111 § 6.) This
applies to RCW 36.22.090, 28A.58.730, 28A.60.328, 28A.66.010 and
28A.66.040.
28A.60.350 Housing for superintendent--Authorized--Limitation. Notwithstanding any other provision of law, any second or third class school district
with an enrollment of three hundred students or less
may provide housing for the superintendent of the
school district. or any person acting in the capacity of
superintendent, by such means and with such moneys
as the school district shall determine: Provided, That
any second or third class school district presently providing such housing may continue to provide the same:
Provided further, That if such housing is exempt from
real property taxation by virtue of school district ownership, the school district shall charge for such housing,
(1975 RCW Supp--p 266)
rent at. least equal t? the amount of real property tax
for which such housmg would be liable were it not so
owned. [1975 1st ex.s. c 41 § I.]
Classes of districts--Change of classification: RCW 28A.57.140.
Classes of districts--Change of classification--Delay of authorized: RCW 28A.57.145.
28A.60.352 Housing for superintendent--Prior
contracts, indebtedness, validated. Any contracts heretofore entered into by the board of directors of any second or third class school district relating to the
providing of housing for the superintendent of the
school district, or any person acting in the capacity of
superintendent, and any indebtedness in any amount
heretofore contracted by the board of directors of any
second or third class school district for providing such
housing, are hereby validated. [1975 1st ex.s. c 41 § 2.)
Classes of districts--Change of classification: RCW 28A.57.140.
Classes of districts--Change of classification--Delay of authorized: RCW 28A.57.145.
28A.60.355 Beneficial interests in contracts prohibited--Exception. No school director or officer of a
second or third class school district shall be beneficially
interested, directly or indirectly, in any contract which
may be made, by, through or under the supervision of
such officer, in whole or in part or which may be made
for the benefit of his office, or accept, directly or indirectly any compensation, gratuity or reward in connection with such contract by or through any other person
beneficially interested therein. This section shall not apply to the letting of any contract for the driving of a
school bus in a second or third class school district
provided the remuneration to the driver of such school
bus shall not exceed thirty-six hundred dollars in any
calendar year. [1975 1st ex.s. c 41 § 3.]
Classes of districts--Change of classification: RCW 28A.57.140.
Classes of districts--Change of classification--Delay of authorized: RCW 28A.57.145.
Chapter 28A.65
SCHOOL DISTRICT BUDGETS
Sections
28A.65.020 Prel!m!nary budgets--Revenue and expenditure detail.
28A.65.050 Prehmmary budgets--Forms--Classifications-Accounting and cost systems.
28A.65.070 Prelitn!nary budgets--Notice of completion and of
h~a~ng thereon--Taxpayers' copies.
28A.65.080 Prehmmary budgets--Hearing and adoption of preltmmary budget--Tentative adoption of revisable
1tems--Preliminary budget review committee, duties--Preliminary budget filed--Budget constitutes appropriations for fiscal year (as amended by
1975 c 43).
28A.65.080 Pr~liminary budgets--Hearing and ~doption of prehmmary budget--Tentative adoption of revisable
items--Preliminary budget review committee, duties--Preliminary budget filed--Budget constitutes appropriations for fiscal year (as amended by
1975 1st ex.s. c 275).
28A.65.090 Preliminary budgets-Meeting to revise items which
depend upon enrollment--Notice--Hearing.
28A.65.100 Adoption of budget--Second class districts to forward
for review (as amended by 1975 c 43).
School District Budgets
28A.65. l 00 Adoption of budget--Second and third class districts
to forward for review (as amended by 1975 !st ex.s. c
275).
28A.65. l IO Final budget review committee--Composition-Review, standard.
28A.65. I20 Certification and filing of budgets (as amended by 1975
c 43).
28A.65.120 Certification and filing of budgets (as amended by 1975
1st ex.s. c 275).
28A.65. I50 Second class districts--Emergency expenditures (as
amended by 1975 c 43).
28A.65. I 50 Second and third class districts--Emergency expenditures (as amended by 1975 1st ex.s. c 275).
28A.65. I53 Emergency expenditure resolutions filed with officials.
28A.65.170 Budget constitutes appropriations--Nonbudgeted expenditures prohibited--Personal liability--Transfers between budget classes.
28A.65. I75 Interim expenditures authorized prior to final budget
approval.
28A.65. i 80 Rules and regulations for budgetary procedure--Review when superintendent determines budget not
sound--Revised budget, state board's financial plan
until adoption.
28A.65.300 Associated student body program fund--Created-Source of funds--Expenditures--Budgeting (Effective July I, 1976).
28A.65.020 Preliminary budgets--Revenue and
expenditure detail. The revenue section of the preliminary budget shall set forth the estimated receipts from
all sources for the ensuing fiscal year, the estimated receipts for the fiscal year current at the time of preliminary budget preparation, the actual receipts for the last
completed fiscal year, and the probable cash on hand
available for ensuing fiscal year disbursements at the
close of the said current fiscal year. The estimated receipts from all sources for the ensuing fiscal year shall
not include any revenue not anticipated to be received
in cash during that fiscal year: Provided, That school
districts, pursuant to rules and regulations promulgated
by the superintendent of public instruction, shall be
granted permission to include as revenues in their preliminary budgets receivables collectible in future fiscal
years limited to those payments made in odd-numbered
years on or before July 10th from the distribution of the
proceeds from the state property tax for the benefit of
the common schools. Such permission shall not affect in
any manner those requirements as set forth in RCW
28A.65.095 regarding petitions by school district boards
to the superintendent of public instruction for permission to include receivables collectible in future fiscal
years in final budgets.
The expenditure section of the preliminary budget
shall set forth by detailed items or classes the estimated
expenditures for the ensuing fiscal year, the appropriations for the fiscal year current at the time of preliminary budget preparation, and the expenditures for the
last completed fiscal year. Each salary shall be set forth
separately, together with the title or position of the recipient: Provided, That in lieu thereof salaries may be
set out in total amounts under each budget class.
The estimated disbursements consistent with the provisions of RCW 28A.65. l 70 for the ensuing fiscal year
must not be greater than the total of the estimated cash
receipts for the ensuing fiscal year, the probable net
cash balance and investments at the close of the current
fiscal year and the projected revenue from receivables
28A.65.080
collectible on future years approved by the superintendent of public instruction for inclusion in the preliminary budget. [ 1975 1st ex.s. c 202 § 1; 1972 ex.s. c 115 §
1; 1969 ex.s. c 119 § 21; 1969 ex.s. c 223 § 28A.65.020.
Prior: 1965 ex.s. c 124 § 3. Formerly RCW 28.65.020.]
28A.65.050
Preliminary budgets--Forms-Classifications--Accounting and cost systems.
Studies and adoption of classification for school district budgets-Publication: RCW 28A.03.350.
28A.65.070 Preliminary budgets--Notice of completion and of hearing thereon--Taxpayers' copies.
The board of directors shall immediately after the compilation of said preliminary budget publish a notice
stating that the board of directors has completed the
preliminary budget and placed the same on file with the
school district superintendent, that a copy thereof will
be furnished any taxpayer who will call upon the superintendent for it, and that the board of directors will
meet for the purpose of fixing and adopting the preliminary budget of the district for the ensuing fiscal year.
Such notice shall designate the date, time, and place of
said meeting which shall occur on or before the first
day of June: Provided, That if the state legislature has
not appropriated by the tenth of May moneys under
RCW 28A.41.050 needed for the support of the common schools, said meetings for districts of the first class
shall occur on or before the fifteenth of June. The notice shall also state that any taxpayer may appear
thereat and be heard for or against any part of such
budget. Said notice shall be published once each week
for two consecutive weeks immediately following the
compilation of the preliminary budget in a newspaper
of general circulation in the district, or, if there be none,
in a newspaper of general circulation in the county. The
board of directors shall provide a sufficient number of
copies of the preliminary budget to meet the reasonable
demands of the taxpayers therefor, and the same shall
be made available for distribution not later than two
weeks immediately preceding the date set for the public
hearing. [ 1975 1st ex.s. c 53 § 1; 1969 ex.s. c 223 § 28A.65.070. Prior: 1965 ex.s. c 124 § 8. Formerly RCW
28.65.070.]
28A.65.080 Preliminary budgets--Hearing and adoption of preliminary budget--Tentative adoption of revisable items---Preliminary budget review committee, duties---Preliminary budget filedBudget constitutes appropriations for fiscal year (as amended by 1975 c
43). On the date given in said notice the board of directors shall meet
at the time and place designated. Any taxpayer may appear thereat
and be heard for or against any part of such budget. Such hearing
may be continued not to exceed a total of two days.
Upon the conclusion of the hearing, the board of directors shall fix
and determine each item or class of the budget separately and shall
by resolutton adopt the preliminary budget as- so finally determined
and enter the same in detail in the official minutes: Provided, That
the e~timates for the expenditures depending directly upon the prospectlve September enrollment or appropriations yet to be made by
the legisl~ture for. the supp~r~ of the common schools shall be adopted tentatively subject to rev1S1on: Provided further, That in all second
class districts five copies of said preliminary budget shall be forwarded to the •educ.ational s~rvice ~is~rict superintendent within five days
after the adopt10n of said prehmmary budget for review, alteration,
and approval by the preliminary budget review committee. Members
(1975 RCW Supp--p 2671
28A.65.080
Title 28A:
Common School Provisions
of the preliminary budget review committee shall consist of the *educational service district superintendent, a member of the local board
of directors. a member of the *educational service district board, and
a representative of the state superintendent of public instruction. The
preliminary budget review committee shall fix and. approve the
amount of the preliminary budget on or before the th1rt1eth day of
June. A copy of said preliminary budget shall within ten days after
adoption by first class districts or approval by the preliminary budget
review committee in second class districts be filed with the *educational service district superintendent, the state superintendent of public instruction. and the county auditor: The preliminary budget as
adopted and approved shall constitute the appropriations for. the district for the ensuing fiscal year commencing July l, and be m effect
until final adoption of the budget. [ 1975 c 43 § 22; 1972 ex.s. c 26 § 2;
1971 ex.s. c 93 § 2; 1971c48 § 38; 1969 ex.s. c 119 § 25; 1969 ex.s. c
223 § 28A.65.080. Prior: 1965 ex.s. c 124 § 9. Formerly RCW
28.65.080.)
*Reviser's note: "educational service district superintendent" and
"educational service district board" are herein substituted for "intermediate school district superintendent" and "intermediate school district board" pursuant to RCW 28A.21.0IO and 28A.21.900.
Effective date----Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.65.080 Preliminary budgets-Hearing and adoption of preliminary budget--Tentative adoption of revisable items-Preliminary budget review committee, duties-Preliminary budget filed-Budget constitutes appropriations for fiscal year (as amended by 1975
1st ex.s. c 275). On the date given in said notice the board of directors
shall meet at the time and place designated. Any taxpayer may appear thereat and be heard for or against any part of such budget.
Such hearing may be continued not to exceed a total of two days.
Upon the conclusion of the hearing, the board of directors shall fix
and determine each item or class of the budget separately and shall
by resolution adopt the preliminary budget as so finally determined
and enter the same in detail in the official minutes: Provided, That
the estimates for the expenditures depending directly upon the prospective September enrollment or appropriations yet to be made by
the legislature for the support of the common schools shall be adopted tentatively subject to revision: Provided further, That m all second
and third class districts five copies of said preliminary budget shall be
forwarded to the educational service district superintendent within
five days after the adoption of said preliminary budget'for review, alteration, and approval by the preliminary budget review committee.
Members of the preliminary budget review committee shall consist of
the educational service district superintendent, a member of the local
board of directors, a member of the educational service district board,
and a representative of the state superintendent of public instruction.
The preliminary budget review committee shall fix and approve the
amount of the preliminary budget on or before the_ thirtieth day of
June. A copy of said preliminary budget shall withm_ te_n days after
adoption by first class districts or approval by_ th~ prehmmary budget
review committee in second and thlfd class d1stncts be filed with the
educational service district superintendent, the state superintendent of
public instruction, and the county auditor: The preliminary budget _as
adopted and approved shall constitute the appropnalions for_ the district for the ensuing fiscal year commencing July 1, and be m effect
until final adoption of the budget. (1975 1st ex.s. c 275 § 122; 1972
ex.s. c 26 § 2; 1971 ex.s. c 93 § 2; 1971 c 48 § 38; 1969 ex.s. c 119 §
25; 1969 ex.s. c 223 § 28A.65.080. Prior: 1965 ex.s. c 124 § 9. Formerly RCW 28.65.080.)
Reviser's note: RCW 28A.65.080 was amended twice during the
1975 regular and first extraordinary sess.ions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1972 ex.s. c 26: See note following RCW
28A.41.055.
Severability--1971 c 48: See note following RCW 28A.04.040.
Preliminary budget as final school budget: RCW 28A.65.190.
28A.65.090 Preliminary budgets--Meeting to revise items which depend upon enrollment--Notice-Hearing. On or before the twenty-fifth of September
(1975 RCW
Sup~
268(
following, the board of directors of districts of the second class, and on or before the first Monday in October
following, the board of directors of districts of the first
class shall meet for the purpose of revising those items
of the budget adopted pursuant to RCW 28A.65.080 to
meet the requirements of the enrollment as finally ~e­
termined. Said meeting shall be a public meeting, notice
thereof to be given in the manner provided in RCW
28A.65.070. Any taxpayer may appear thereat and be
heard for or against any proposed 'revision. [ 1975 c 43 §
23; 1969 ex.s. c 119 § 26; 1969 ex.s. c 223 § 28A.65 .090.
Prior: 1965 ex.s. c 124 § 10. Formerly RCW 28.65.090.]
Effective date----Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.65.100 Adoption of budget--Second class districts to forward
for review (as amended by 1975 c 43). Upon the conclusion of the revision hearing the board of directors shall fix and determine the
budget and by resolution adopt the same: Provided, _That m the case
of second class districts the board of directors shall 1mmed1ately forward the budget to the *educational service district superintendent for
review and revision by the final budget review committee. (1975 c 43 §
24; 1971 c 48 § 39; 1969 ex.s. c 119 § 27; 1969 ex.s. c 223 § 28A.65.IOO. Prior: 1965 ex.s. c 124 § 11. Formerly RCW 28.65.100.)
*Reviser's note: "educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.0IO and 28A.21.900.
Effective date----Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.65.100 Adoption of budget--Second and third class districts
to forward for review (as amended by 1975 1st ex.s. c 275). Upon the
conclusion of the revision hearing the board of directors shall fix and
determine the budget and by resolution adopt the same: Provided,
That in the case of second and third class districts the board of directors shall immediately forward the budget to the educational service district superintendent for review and revision by the final budget
review committee. (1975 1st ex.s. c 275 § 123; 1971 c 48 § 39; 1969
ex.s. c 119 § 27; 1969 ex.s. c 223 § 28A.65.100. Prior: 1965 ex.s. c 124
§ 11. Formerly RCW 28.65.100.)
Reviser's note: RCW 28A.65.IOO was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.65.110 Final budget review committee-Composition--Review, standard. The final budget review committee shall consist of the educational service
district superintendent, a member of the local board of
directors, and the members of the educational service
district board.
Upon receipt of the district budget the final budget
review committee shall meet on or before the thirtieth
day of September and finally fix and determine the total
amount of the budget. Said meeting shall be open to the
public, and copies of the original and revised budgets
shall be available for examination by any resident taxpayer in attendance.
Revenues, including income from taxation, shall be
budgeted and approved by the final budget review
committee on the basis of the expected cash receipts
during the current fiscal year. [1975 1st ex.s. c 275 §
124; 1971 c 48 § 40; 1969 ex.s. c 119 § 28; 1969 ex.s. c
223 § 28A.65. l 10. Prior: 1965 ex.s. c 124 § 12. Formerly
RCW 28.65.110.]
School District Budgets
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.65.120 Certification and filing of budgets (as amended by 1975
c 43). Upon the conclusion of the revision hearing in districts of the
first class and upon the conclusion of the final budget review committee's action in districts of the second class, the board or final
budget review committee as the case may be shall certify the final
budget and the amount to be raised by taxation to the county commissioners for the levying of the district taxes in the manner now
provided by law. A copy of said final budget, when certified, shall be
filed with the *educational service district superintendent, state superintendent of public instruction, the appropriate county auditor for the
board of county commissioners, and the division of municipal corporations, office of the state auditor. The certification and filing of the
budgets as aforesaid shall occur on or before the first Monday of October. [1975 c 43 § 25; 1971c48 § 41; 1969 ex.s. c 119 § 29; 1969 ex.s.
c 223 § 28A.65.120. Prior: 1965 ex.s. c 124 § 13. Formerly RCW
28.65.120.)
*Reviser's note: "'educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective date--Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.65.120 Certification and filing of budgets (as amended by 1975
1st ex.s. c 275). Upon the conclusion of the revision hearing in districts of the first class and upon the conclusion of the final budget review committee's action in districts of the second and third class, the
board or final budget review committee as the case may be shall certify the final budget and the amount to be raised by taxation to the
county commissioners for the levying of the district taxes in the manner now provided by law. A copy of said final budget, when certified,
shall be filed with the educational service district superintendent, state
superintendent of public instruction, the appropriate county auditor
for the board of county commissioners, and the division of municipal
corporations, office of the state auditor. The certification and filing of
the budgets as aforesaid shall occur on or before the first Monday of
October. [1975 1st ex.s. c 275 § 125; 1971 c 48 § 41; 1969 ex.s. c 119 §
29; 1969 ex.s. c 223 § 28A.65.l20. Prior: 1965 ex.s. c 124 § 13. Formerly RCW 28.65.120.)
Reviser's note: RCW 28A.65.120 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.65.150 Second class districts--Emergency expenditures (as
amended by 1975 c 43). If an emergency arises in a second class
school district because of unforeseen conditions, the board of directors shall declare by resolution that an emergency exists. The board of
directors, in consultation with the *educational service district superintendent and the final budget review committee, shall determine the
best means of meeting such emergency. When the proposed plan and
the indebtedness therefor have received the approval of the state superintendent of public instruction, it shall be put into effect. [1975 c
43 § 26; 1971 c 48 § 42; 1969 ex.s. c 119 § 33; 1969 ex.s. c 223 §
28A.65.150. Prior: 1965 ex.s. c 124 § 16. Formerly RCW 28.65.150.]
*Reviser's note: "'educational service district superintendent" is
herein substituted for "intermediate school district superintendent"
pursuant to RCW 28A.21.010 and 28A.21.900.
Effective--Severability--1975 c 43: See notes following RCW
28A.57.140.
28A.65.150 Second and third class districts-Emergency expenditures (as amended by 1975 1st ex.s. c 275). If an emergency arises in a
second or third class school district because of unforeseen conditions,
the board of directors shall declare by resolution that an emergency
exists. The board of directors, in consultation with the educational
service district superintendent and the final budget review committee,
shall determine the best means of meeting such emergency. When the
proposed plan and the indebtedness therefor have received the approval of the state superintendent of public instruction, it shall be put
28A.65.175
into effect. [1975 !st ex.s. c 275 § 126; 1971 c 48 § 42; 1969 ex.s. c 119
§ 33; 1969 ex.s. c 223 § 28A.65.150. Prior: 1965 ex.s. c 124 § 16. Formerly RCW 28.65.150.]
Reviser's note: RCW 28A.65. l 50 was amended twice during the
1975 regular and first extraordinary sessions of the legislature, each
without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.65.153 Emergency expenditure resolutions filed
with officials. All adopted emergency expenditure resolutions shall be filed with the county auditor, county
treasurer, educational service district superintendent,
state auditor, and the state superintendent of public instruction. [1975 lst ex.s. c 275 § 127; 1971 c 48 § 43;
1969 ex.s. c 119 § 34. Like section former! y RCW
28.65.153.)
Severability--1971 c 48: See note following RCW 28A.04.040.
28A.65.170 Budget constitutes appropriations-Nonbudgeted expenditures prohibited--Personal liability--Transfers between budget classes. The budget
as finally adopted shall constitute the appropriations of
the district for the ensuing fiscal year and the board of
directors shall be limited in the making of expenditures
and the incurring of liabilities to the grand total of such
appropriations. The board of directors shall make no
expenditures nor incur any liability for any purpose not
provided for in said budget, except for emergencies as
hereinabove provided: Provided, That transfers between
budget classes may be made by the school district's
chief administrative officer or finance officer, subject to
such regulations as may be imposed by the school district board of directors: Provided further, That overexpenditures made in violation of this statute shall not
be a liability of said district. Directors, officers or employees who knowingly or negligently violate or participate in a violation of this statute by the making of
expenditures, incurring of liabilities, or issuing of warrants in excess of appropriations may be held civilly liable jointly and severally for all consequential damages,
or not less than three hundred dollars as liquidated
damages, for each such violation. If as a result of a civil
or criminal action the violation is found to have been
done knowingly, such director, officer or employee who
is found to have participated in such breach shall immediately forfeit his office or employment and the
judgment in such action shall so provide. Nothing in
this section shall be construed to limit the duty of the
attorney general to recover from any director, officer,
employee, or other person in a civil action under RCW
43.09.260 as now or hereafter amended. [1975 1st ex.s. c
151 § l; 1972 ex.s. c 26 § I; 1971 ex.s. c 93 § 3; 1969
ex.s. c 119 § 36; 1969 ex.s. c 223 § 28A.65. l 70. Prior:
1965 ex.s. c 124 § 18. Formerly RCW 28.65.170.]
Severability--1972 ex.s. c 26: See note following RCW
28A.41.055.
Preliminary budget as final school budget: RCW 28A.65.190.
28A.65.175 Interim expenditures authorized prior to
final budget approval. If for any reason the preliminary
or final budget of a school district has not been adopted
(1975 RCW Supp--p 269]
28A.65.175
Title 28A:
Common School Provisions
or approved on or before the time limits provided for in
this chapter, the board of directors of the school districts nevertheless may make expenditures for the payment of regular employees, for the necessary repairs
and upkeep of the school plant, for the purchase of
books and supplies, and for the district's participation
in joint purchasing agencies authorized by RCW 28A.58. l 07 during the interim period while the budget is
being settled. [1975 lst ex.s. c 151 § 2.]
28A.65.180 Rules and regulations for budgetary procedure--Review when superintendent determines
budget not sound--Revised budget, state board's financial plan until adoption. Notwithstanding any other
provision of law, the state superintendent of public instruction is hereby directed to promulgate such rules
and regulations as will insure proper budgetary procedures and practices including monthly financial statements consistent with the provisions of RCW 43.09.200
and 28A.65.050. If the superintendent of public instruction determines upon his review of the preliminary or
final budget of any district that said budget does not
comply with the budget procedures established by the
state superintendent of public instruction or the provisions of RCW 43.09.200 and 28A.65.050, he shall give
notice of this determination to the board of directors of
the local school district. The state superintendent of
public instruction shall then call a meeting with the educational service district superintendent, the local board
of directors, and the chief administrative officer of the
district to review said budget. Upon the conclusion of
said meeting the state superintendent shall issue findings and direct that a financially sound budget be developed by the district for operation.
In the event the budget under consideration by the
state superintendent is the preliminary budget, the local
district shall be obligated to submit a final budget
which meets the requirements of RCW 43.09.200 and
28A.65.050 and the rules of the state superintendent
adopted pursuant hereto. In the event the budget under
consideration by the state superintendent is the final
budget, the local school district, notwithstanding any
other provision of law, shall within thirty days from the
date the state superintendent issues. a directive, submit a
revised budget which meets the requirements of RCW
43.09.200 and 28A.65.050 and the rules of the state superintendent adopted pursuant hereto: Provided, That
if the district fails or refuses to submit a revised budget
which in the determination of the state superintendent
meets the requirements of RCW 43.09.200 and 28A.65.050 or the state superintendent's rules the matter shall
be submitted to the state board of education which
shall meet and adopt a financial plan which shall be in
effect until a budget can be adopted and submitted by
the district in compliance with this statute. [ 1975 1st
ex.s. c 275 § 128; 1971 c 48 § 44; 1969 ex.s. c 119 § 30.
Like section formerly RCW 28.65.180.]
Severability--1971 c 48: See note following RCW 28A.04.040.
Preliminary budget as final school budget: RCW 28A.65.190.
[1975 RCW Supp--p 270)
28A.65.300
Associated student body program
fund--Created--Source of funds--Expenditures--Budgeting. (Effective July 1, 1976.) See RCW
28A.58. l 20.
Chapter 28A.66
SCHOOL DISTRICT WARRANTS, AUDITOR'S
DUTIES RELATING TO
Sections
28A.66.010 Registering warrants-All districts.
28A.66.020 Registering warrants--Second class districts.
28A.66.040 Auditor to draw and issue warrants--Second class
districts.
28A.66.060 Teacher's last month's salary not to be drawn and issued
or registered unless final report filed-All districts.
28A.66.080 Orders for warrants not transferable--Second class
districts.
28A.66. 100 Auditor's annual report to educational service district
superintendent.
28A.66.010 Registering warrants--All districts.
The county auditor shall register in his own office, and
present to the treasurer for registration in the office of
the county treasurer, all warrants of first class districts,
and all warrants of second class districts electing to
draw and issue their own warrants under RCW 28A.60.328, as now or hereafter amended, received from
school district superintendents or district secretaries before delivery of the same to claimants. [1975 c 43 § 27;
1973 c 111 § 2; 1969 ex.s. c 223 § 28A.66.010. Prior:
1911 c 78 § 1, part; RRS § 4864. Formerly RCW
28.66.010.]
Effective date----Severability--1975 c 43: See notes following
RCW 28A.57.140.
Severability--1973 c 111: See note following RCW 28A.60.328.
28A.66.020 Registering warrants--Second class
districts. The county auditor shall cause all school warrants of second class districts issued by him to be registered in the treasurer's office and shall retain the
vouchers on file in his office. [ 197 5 c 43 § 28; 1969 ex.s.
c 223 § 28A.66.020. Prior: 1911 c 78 § 1, part; RRS §
4863. Formerly RCW 28.66.020.]
Effective date----Severability--1975 c 43: See notes following
RCW 28A.57.140.
28A.66.040 Auditor to draw and issue warrantsSecond class districts. The county auditor shall draw
and issue warrants for the payment of all salaries, expenses and accounts against second class districts, except those who draw and issue their own warrants
pursuant to RCW 28A.60.328, as now or hereafter
amended, upon the written order of the majority of the
members of the school board of each district. [ 197 5 c 43
§ 29; 1973 c 111 § 3; 1969 ex.s. c 223 § 28A.66.040.
Prior: 1909 c 97 p 308 § 3; RRS § 4859. Formerly
RCW 28.66.040.]
Effective date----Severability--1975 c 43: See notes following
RCW 28A.57.140.
Severability--1973 c 111: See note following RCW 28A.60.328.
Teachers--General Provisions
28A.66.060 Teacher's last month's salary not to be
drawn and issued or registered unless final report
filed--All districts. The county auditor shall not draw
and issue or register the warrant in payment of the last
month's salary of any teacher in any district until he
shall receive notice from the educational service district
superintendent that the teacher's final report has been
made to the said educational service district superintendent or that no such report is required. [ 1975 1st ex.s. c
275 § 129; 1971 c 48 § 46; 1969 ex.s. c 223 § 28A.66.060. Prior: 1909 c 97 p 309 § 6; RRS § 4862. Formerly
RCW 28.66.060.]
Severability-1971 c 48: See note following RCW 28A.04.040.
Last month's salary withheld until report filed, register received:
RCW 28A.67.040, 28A.67.050.
28A.66.080 Orders for warrants not transferableSecond class districts. An order for a warrant issued by
any board of directors of second class school districts
shall not be transferable, and the county auditor shall
issue no warrant except to individuals or firms designated in original district orders. [ 1975 c 43 § 30; 1969
ex.s. c 223 § 28A.66.080. Prior: 1959 c 216 § 23; prior:
1933 c 28 § 2, part; 1909 c 97 p 288 § 9, part; 1897 c
118 § 46, part; 1893 c 107 § 3, part; RRS § 4784, part.
Formerly RCW 28.66.080.]
Effective date--Severability-1975 c 43: See notes
RCW 28A.57.140.
followin~
28A.66.100 Auditor's annual report to educational
service district superintendent. The county auditor shall
make an annual report for the period ending on the
preceding June thirtieth on the financial condition of
each school in his county to the educational service
district superintendent on or before the twenty-fifth day
of July, in such form as may be prescribed by the superintendent of public instruction. [1975 !st ex.s. c 275
§ 130; 1971 c 48 § 47; 1969 ex.s. c 223 § 28A.66.100.
Prior: 1911 c 78 § 1, part; RRS § 4866. Formerly RCW
28.66.100.]
Severability-1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.67
TEACHERS-GENERAL PROVISIONS
Sections
28A.67.0!5 Qualifications-Professional certification not to be required of superintendent, deputy or assistant
superintendents.
28A.67.040 Annual report-Report as prerequisite for salary.
28A.67.060 Course of study and regulations-EnforcementWithholding salary warrant for failure.
28A.67.065 Evaluative criteria and procedure for certificated employees-Requirements. (Effective January I, 1976.)
28A.67.070 Conditions and contracts of employment-Nonrenewal of contracts.
28A.67.074 Conditions and contracts of employment-Supplemental contracts, when---Continuing contract provisions not applicable to.
Educational employment relations act: Chapter 41.59 RCW.
Pupil/teacher ratio provisions, board rules and regulations: RCW
28A.41.130.
28A.67.065
28A.67.015 Qualifications--Professional certification not to be required of superintendent, deputy or assistant superintendents. See RCW 28A.02.260.
28A.67.040 Annual report--Report as prerequisite
for salary. Every teacher who shall be teaching at the
close of the school year, or who shall teach the last term
of any school year, in any school district, shall make a
report to the educational service district superintendent
encompassing such information pertinent to school
purposes as said official requires immediately upon the
close of such school year or term for the entire time
taught in said school district since the beginning of the
school year, if any such report be so requested by the
educational service district superintendent. Copies of all
reports made by teachers shall be furnished to their
school district superintendent, to be by him filed in his
office. No board of directors shall draw any order or
warrant for the salary of any teacher for the last month
of his service, until such reports, if required, shall have
been made, and the same approved by the educational
service district superintendent. [1975 !st ex.s. c 275 §
131; 1971 c 48 § 48; 1969 ex.s. c 223 § 28J\..67.040. Prior: 1909 c 97 p 307 § 2; RRS § 4848; prior: 1903 c 104
§ 20; 1897 c 118 § 52; 1891 c 127 § 15; 1890 p 370 § 38;
1886 p 18 § 46; Code 1881 § 3199. Formerly RCW
28.67.040.]
Severability-1971 c 48: See note following RCW 28A.04.040.
Teacher's last month salary warrant not to be drawn, issued or registered by auditor until notice final report received or not required:
RCW 28A.66.060.
28A.67 .060 Course of study and regulations-Enforcement--Withholding salary warrant for failure.
Certificated employees shall faithfully enforce in the
common schools the course of study and regulations
prescribed, whether regulations of the district, the superintendent of public instruction, or the state board of
education, and shall furnish promptly all information
relating to the common schools which may be requested
by the educational service district superintendent.
Any certificated employee who wilfully refuses or
neglects to enforce the course of study or the rules and
regulations as above in this section required, shall not
be allowed by the directors any warrant for salary due
until said person shall have complied with said requirements. [1975 1st ex.s. c 275 § 132; 1971 c 48 § 49; 1969
ex.s. c 223 § 28A.67.060. Prior: (i) 1909 c 97 p 307 § 4;
RRS § 4850; prior: 1899 c 142 § 11; 1897 c 118 § 54;
1886 p 18 § 47. Formerly RCW 28.67.060. (ii) 1909 c 97
p 360 § 8; RRS § 5051; prior: 1903 c 156 § 8; 1897 c
118 § 166. Formerly RCW 28.87.150.]
28A.67 .065 · Evaluative criteria and procedure for certificated employees--Requirements. (Effective January 1, 1976.) Every board of directors, in accordance
with procedure provided in RCW 41.59.010 through
41.59.170, 41.59.910 and 41.59.920, shall establish an
evaluative criteria and procedures for all certificated
employees. Such procedure shall require not less than
annual evaluation of all employees. New employees
shall be evaluated within the first ninety calendar days
(1975 RCW Supp--p 271)
28A.67.065
Title 28A:
Common School Provisions
of their employment. Every employee whose work is
judged unsatisfactory shall be notified in writing of
stated areas of deficiencies along with recommendations
for improvement by February !st of each year. A probationary period shall be established from February !st
to April 15th for the employee to demonstrate improvement. [ 1975 1st ex.s. c 288 § 22; 1969 ex.s. c 34 § 22.
Like section formerly RCW 28.67.065.]
Effective date--1975 1st ex.s. c 288: See RCW 41.59.940.
Severability-1975 1st ex.s. c 288: See RCW 41.59.950.
Construction of chapter-Employee's rights preserved: See RCW
41.59.920.
Construction of chapter-Employer's responsibilities and rights
preserved: See RCW 41.59.930.
RCW 28A.67.065 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
28A.67 .070 Conditions and contracts of employment--Nonrenewal of contracts. No teacher, principal, supervisor, superintendent, or other certificated
employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be
employed except by written order of a majority of the
directors of the district at a regular or special meeting
thereof, nor unless he is the holder of an effective
teacher's certificate or other certificate required by law
or the state board of education for the position for
which the employee is employed.
The board shall make with each employee employed
by it a written contract, which shall be in conformity
with the laws of this state, and limited to a term of not
more than one year. Every such contract shall be made
in triplicate, one copy to be retained by the school district superintendent or secretary, one copy to be retained, after having been approved and registered, by
the educational service district superintendent, and one
copy to be delivered to the employee thereafter. No
contract shall be offered by any board nor approved
and registered by the educational service district superintendent for the employment of any teacher who has
previously signed a contract to teach for that same term
in another school district of the state of Washington
unless such teacher shall have been released from his
obligations under such previous contract by the board
of directors of the school district to which he was obligated. Any contract signed in violation of this provision
shall be void.
Every board of directors determining that there is
probable cause or causes that the employment contract
of an employee should not be renewed by the district
for the next ensuing term shall notify that employee in
writing on or before April 15th preceding the commencement of such term of that determination of the
board of directors, which notification shall specify the
cause or causes for nonrenewal of contract. Such notice
shall be served upon the employee personally, or by
certified or registered mail, or by leaving a copy of the
notice at the house of his or her usual abode with some
person of suitable age and discretion then resident
therein. Every such employee so notified, at his or her
request made in writing and filed with the chairman or
secretary of the board of directors of the district within
(1975 RCW Supp---p 2721
ten days after receiving such notice, shall be granted
opportunity for hearing to determine whether or not the
facts constitute sufficient cause or causes for nonrenewal of contract. In the request for hearing, the employee
may request either an open or closed hearing. Such
board upon receipt of such request shall call the hearing
to be held within ten days following the receipt of such
request, and at least three days prior to the date fixed
for the hearing shall notify the employee in writing of
the date, time and place of the hearing. The hearing
shall be open or closed as requested by the employee,
but if the employee fails to make such a request, the
board or its hearing officer may determine whether the
hearing shall be open or closed.
The board may employ as a hearing officer any person not currently employed by the district to conduct
on its behalf any hearing required by this section, who
shall transmit to the board a record of the proceeding
together with his recommended findings of fact and
conclusions of law, and an advisory recommended decision for the board's final disposition. The board or its
hearing officer may reasonably regulate the conduct of
the hearing. The employee may engage such counsel
and produce such witnesses as he or she may desire.
The board of directors, within ten days following the
conclusion of such hearing, shall notify the employee in
writing of its final decision either to renew or not to renew the employment of the employee for the next ensuing term. Any decision not to renew such
employment contract shall be based solely upon the
cause or causes for nonrenewal specified in the notice of
probable cause to the employee and established by a
preponderance of the evidence at the hearing to be sufficient cause or causes for nonrenewal. If any such notification or opportunity for hearing is not timely given
by the district, the employee entitled thereto shall be
conclusively presumed to have been reemployed by the
district for the next ensuing term upon contractual
terms identical with those which would have prevailed
if his employment had actually been renewed by the
board of directors for such ensuing term. [1975 1st ex.s.
c 275 § 133; 1973 c 49 § 2; 1970 ex.s. c 15 § 16. Prior:
1969 ex.s. c 176 § 143; 1969 ex.s. c 34 § 12; 1969 ex.s. c
15 § 2; 1969 ex.s. c 223 § 28A.67.070; prior: 1961 c 241
§ l; 1955 c 68 § 3; prior: (i) 1909 c 97 p 307 § 5; 1897 c
118 § 55; 1891 c 127 § 14; 1890 p 369 § 37; 1886 p 18 §
47; Code 1881 § 3200; RRS § 4851. (ii) 1943 c 52 § 1,
part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925·
ex.s. c 57 § 1, part; 1919 c 89 § 3, part; 1915 c 44 § 1,
part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part;
1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c 118 §
40, part; 1890 p 364 § 26, part; Rem. Supp. 1943 §
4776, part. Formerly RCW 28.67.070.J
Severability-1970 ex.s. c 15: See note following RCW
28A.02.070.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
RCW 28A.67.070 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
Teachers' Certification
28A.67.074 Conditions and contracts of employment--Supplemental contracts, when--Continuing
contract provisions not applicable to.
RCW 28A.67.074 not applicable to contract renewal of school superintendent: RCW 28A.58.137.
Chapter 28A.70
TEACHERS' CERTIFICATION
Sections
28A.70.030 Professional certification not to be required of superintendent, deputy or assistant superintendents.
28A.70. l IO Fee for certification--Disposition (as amended by
1975 !st ex.s. c 192).
28A.70. l IO Fee for certification--Disposition (as amended by
1975 I st ex.s. c 275).
28A. 70.130 Registration of certificates.
28A.70.140 Evidence of moral character without criminal convictions prerequisite to registration--Appeal from refusal to register.
28A.70.!60 Revocation of authority to teach--Method-Grounds.
28A.70.170 Revocation of authority to teach--Hearings and
appeals.
28A.70.030 Professional certification not to be required of superintendent, deputy or assistant superintendents. See RCW 28A.02.260.
28A.70.110 Fee for certification--Disposition (as amended by
1975 1st ex.s. c 192). The fee for any certificate, or any renewal
thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in
the public schools of the state shall be not less than one dollar or such
reasonable fee therefor as the state board of education by rule or regulation shall deem necessary therefor. The fee must accompany the
application and cannot be refunded unless the application is withdrawn before it is finally considered. The *educational service district
superintendent, or other official authorized to receive such fee, shall
within thirty days transmit the same to the treasurer of the county in
which the office of the *educational service district superintendent is
located, to be by him placed to the credit of said school district or
*educational service district: Provided, That if any school district
collecting fees for the certification of professional staff does not hold a
professional training institute separate from the *educational service
district then all such moneys shall be placed to the credit of the *educational service district.
Such fees shall be used solely for the purpose of precertification
professional preparation, program evaluation, and professional inservice training programs in accord with rules and regulations of the
state board of education herein authorized. [1975 !st ex.s. c 192 § I;
1969 ex.s. c 176 § 144; 1969 ex.s. c 223 § 28A. 70.110. Prior: 1965 c
139 § 20; 1909 c 97 p 336 § 3; RRS § 4968; prior: 1897 c 118 § 142.
Formerly RCW 28.70.110, 28.70.120.)
*Reviser's note: "educational service district superintendent" and
"educational service district" are herein substituted for "intermediate
school district superintendent" and "intermediate school district"
pursuant to RCW 28A.21.010 and 28A.21.900.
Severability--1975 1st ex.s. c 192: "If any provision of this
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 !st ex.s.
c 192 § 3.) This applies to RCW 28A.70.110 and 28A.71.100.
28A.70.110 Fee for certification--Disposition (as amended by
1975 1st ex.s. c 275). The fee for any teaching certificate, or any renewal thereof, issued by the authority of the state of Washington, and
authorizing the holder to teach in the public schools of the state shall
be not less than one dollar or such reasonable fee therefor as the state
board of education by rule or regulation shall deem necessary therefor. The fee must accompany the application and cannot be refunded
unless the application is withdrawn before it is finally considered. The
educational service district superintendent, or other official authorized
28A.70.160
to receive such fee, shall within thirty days transmit the same to the
treasurer of the county in which the office of the educational service
district superintendent is located, to be by him placed to the credit of
the institute fund of said school district or educational service district
institute fund which shall be created by the educational service district board: Provided, That if any school district collecting fees for the
certification of teachers does not hold an institute separate from the
educational service district then all such moneys shall be placed to the
credit of the educational service district institute fund. [ 1975 !st ex.s. c
275 § 134; 1969 ex.s. c 176 § 144; 1969 ex.s. c 223§28A.70.l10. Prior:
1965 c 139 § 20; 1909 c 97 p 336 § 3; RRS § 4968; prior: 1897 c 118 §
142. Formerly RCW 28.70.110, 28.70.120.)
Reviser's note: RCW 28A.70.l 10 was amended twice during the
1975 first extraordinary session of the legislature, each without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Rights preserved--Severability--1969 ex.s. e 144: See notes
following RCW 28A.2l.O10.
28A.70.130 Registration of certificates. All certificates issued by the superintendent of public instruction
shall be valid and entitle the holder thereof to teach in
any county of the state upon being registered by the
educational service district superintendent thereof,
which fact shall be evidenced by him on the certificate
in the words, "Registered for use in __________ county," together with the date of registry, and his official
signature: Provided, That a copy of the original certificate duly certified by the superintendent of public instruction may be used for the purpose of registry and
endorsement in lieu of the original. [ 1975 1st ex.s. c 275
§ 135; 1971 c 48 § 50; 1969 ex.s. c 223 § 28A.70.130.
Prior: 1909 c 97 p 338 § 11; RRS § 4976; prior: 1897 c
118 § 147. Formerly RCW 28.70.130.]
Severability--1971 c 48: See note following RCW 28A.04.040.
28A. 70.140 Evidence of moral character without
criminal convictions prerequisite to registration--Appeal from refusal to register. Before registering any certificate, the educational service district superintendent
of the county in which application is made for certificate shall satisfy himself that the applicant is a person
of good moral character, personal fitness, and has not
been convicted of any crimes involving the physical neglect of children, physical injury of children (excepting
possible motor vehicle violations), or sexual abuse of
children. In the event of a refusal to register a certificate
for whatsoever reason, the educational service district
superintendent shall immediately notify the superintendent of public instruction of his action and shall fully
and clearly state his reasons therefor, and the person
aggrieved shall have the right of appeal to the superintendent of public instruction, and shall have the further
right of appeal to the state board of education. [ 1975 I st
ex.s. c 275 § 136; 1974 ex.s. c 55 § l; 1969 ex.s. c 176 §
145; 1969 ex.s. c 223 § 28A.70.140. Prior: 1911 c 16 § 1;
1909 c 97 p 337 § 5; RRS § 4970. Formerly RCW
28.70.140.]
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.70.160 Revocation of authority to teach-Method--Grounds. Any certificate to teach authorized under the provisions of this chapter or rules and
[1975 RCW Supp--p 273)
28A.70.160
Title 28A:
Common School Provisions
regulations promulgated thereunder may be revoked by
the authority authorized to grant the same upon complaint of any school district superintendent or educational service district superintendent for immorality,
violation of written contract, intemperance, crime
against the law of the state, the conviction of any crime
involving the physical neglect of children, the physical
injury of children (excepting possible motor vehicle violations) or the sexual abuse of children, or any unprofessional conduct. after the person whose certificate is
in question has been given an opportunity to be heard.
[1975 lst ex.s. c 275 § 137; 1974 ex.s. c 55 § 2; 1971 c 48
§ 51; 1969 ex.s. c 223 § 28A.70.160. Prior: 1909 c 97 p
345 § 1: RRS § 4992; prior: 1897 c 118 § 148. Formerly
RCW 28.70.160.]
Severability--1971 c 48: See note following RCW 28A.04.040.
28A. 70.170 Revocation of authority to teach-Hearings and appeals. Any teacher whose certificate to
teach has been questioned by the filing of a complaint
by a school district superintendent or educational service district superintendent under RCW 28A.70.160 shall
have a right to be heard by the issuing authority before
his certificate is revoked. Any teacher whose certificate
to teach has been revoked shall have a right of appeal
to the state board of education if notice of appeal is
given by written affidavit to the board within thirty
days after the certificate is revoked.
An appeal to the state board of education within the
time specified shall operate as a stay of revocation proceedings until the next regular or special meeting of
said board and until the board's decision has been
rendered. [1975 1st ex.s. c 275 § 138; 1971 c 48 § 52;
1969 ex.s. c 223 § 28A. 70.170. Prior: 1909 c 97 p 346 §
3; RRS § 4994. Formerly RCW 28.70.170.]
Severability--1971 c 48: See note following RCW 28A.04.040.
Chapter 28A.71
TEACHERS' INSTITUTES, WORKSHOPS AND
OTHER IN-SERVICE TRAINING
Sections
28A.7l.IOO Authorized--Support--Accounting (as amended by
1975 1st ex.s. c 192).
28A.7l.IOO Authorized--Support--Accounting (as amended by
1975 1st ex.s. c 275).
28A.71.100 Authorized-Support--Accounting (as amended by
1975 1st ex.s. c 192). The •educational service district board may arrange each year for the holding of one or more teachers' institutes
and/or workshops for professional staff preparation and in-service
training in such manner and at such time as the board believes will be
of benefit to the teachers and other professional staff of school districts within the •educational service district and shall comply with
rules and regulations of the state board of education pursuant to
RCW 28A.70. I IO as now or hereafter amended. The board may provide such additional means of teacher and other professional staff
preparation and in-service training as it may deem necessary or appropriate and there shall be a proper charge against the •educational
service district general expense fund when approved by the *educational service district board.
*Educational service district boards of contiguous •educational
service districts, by mutual arrangements, may hold joint institutes
and/or workshops, the expenses to be shared in proportion to the
numbers of certificated personnel as shown by the last annual reports
[1975 RCW Supp--p 2741
of the •educational service districts holding such joint institutes or
workshops.
In local school districts employing more than one hundred teachers
and other professional staff, the school district superintendent may
hold a teachers' institute of one or more days in such district, said institute when so held by the school district superintendent to be in all
respects governed by the provisions of this code and state board of
education rules and regulations relating to teachers' institutes held by
*educational service district superintendents. [I 975 lst ex.s. c 192 § 2;
1971 ex.s. c 282 § 31; 1969 ex.s. c 176 § 146; 1969 ex.s. c 223 § 28A.7l.IOO. Prior: 1965 c 139 § 21. Formerly RCW 28.71.100.]
*Reviser's note: "educational service district board", "educational
service district" and "educational service district superintendents" are
herein substituted for "intermediate school district board", "intermediate school district" and "intermediate school district superintendents", pursuant to RCW 28A.21.0IO and 28A.21.900.
Severability--1975 1st ex.s. c 192: See note following RCW
28A.70.l IO.
28A.71.100 Authorized-Support--Accounting (as amended by
1975 1st ex.s. c 275). The educational service district board may arrange each year for the holding of one or more teachers' institutes
and/or workshops for in-service training in such manner and at such
time as the board believes will be of benefit to the teachers within the
educational service district. The board may provide such additional
means of teacher in-service training as it may deem necessary or appropriate and there shall be a proper charge against the educational
service district institute funds and/or the educational service district
general expense fund when approved by the educational service district board.
Educational service district boards of contiguous educational service districts, by mutual arrangements, may hold joint institutes and/or
workshops, the expenses to be shared in proportion to the numbers of
certificated personnel as shown by the last annual reports of the educational service districts holding such joint institutes or workshops.
In local school districts employing more than one hundred teachers,
the school district superintendent may hold a teachers' institute of one
or more days in such district, said institute when so held by the
school district superintendent to be in all respects governed by the
provisions of this code relating to teachers' institutes held by educational service district superintendents. [1975 1st ex.s. c 275 § 139; 1971
ex.s. c 282 § 31; 1969 ex.s. c 176 § 146; 1969 ex.s. c 223 § 28A.7l.100.
Prior: 1965 c 139 § 21. Formerly RCW 28.71.100.]
Reviser's note: RCW 28A.71.IOO was amended twice during the
1975 first extraordinary session of the legislature, each without reference to the other.
For rule of construction concerning sections amended more than
once at the same session, see RCW 1.12.025.
Severability--1971 ex.s. c 282: See notes following RCW
28A.21.0IO.
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Chapter 28A. 72
NEGOTIATIONS BY CERTIFICATED
PERSONNEL
Sections
28A.72.0IO through 28A.72.100 Repealed. (Effective January I,
1976.)
28A.72.010 through 28A.72.100 Repealed. (Effective January 1, 1976.) See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 28A.85
SEXUAL EQUALITY MANDA TED FOR PUBLIC
SCHOOLS
Sections
28A.85.0IO Purpose--Discrimination prohibited.
Sexual Equality Mandated For Public Schools
28A.85.020 Regulations, guidelines to eliminate discriminationScope.
28A.85.030 Administration.
28A.85.040 Civil relief for violations.
28A.85.050 Enforcement-Superintendent's orders, scope.
28A.85.900 Chapter supplementary.
Discrimination-Separation of sexes in dormitories, residence halls,
etc.: RCW 49.60.222.
28A.85.010 Purpose--Discrimination prohibited.
Inequality in the educational opportunities afforded
women and girls at all levels of the public schools in
Washington state is a breach of Article XXXI, section
I, Amendment 61, of the Washington state Constitution, requiring equal treatment of all citizens regardless
of sex. This violation of rights has had a deleterious effect on the individuals affected and on society. Recognizing the benefit to our state and nation of equal
educational opportunities for all students, discrimination on the basis of sex for any student in grades K-12
of the Washington public schools is prohibited. [ 1975
I st ex.s. c 226 § I.]
Severability--1975 1st ex.s. c 226: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1975 !st ex.s. c 226 § 8.] This
applies to RCW 28A.85.0IO, 28A.85.020, 28A.85.030, 28A.85.040,
28A.85.050 and 28A.85.900.
28A.85.020 Regulations, guidelines to eliminate discrimination--Scope. The superintendent of public in-•
struction shall develop regulations and guidelines to
eliminate sex discrimination as it applies to public
school employment, counseling and guidance services
to students, recreational and athletic activities for students, access to course offerings, and in textbooks and
instructional materials used by students.
(I) Specifically with respect to public school employment, all schools shall be required to:
(a) Maintain credential requirements for all personnel
without regard to sex;
(b) Make no differentiation in pay scale on the basis
of sex;
(c) Assign school duties without regard to sex except
where such assignment would involve duty in areas or
situations, such as but not limited to a shower room,
where persons might be disrobed.
(d) Provide the same opportunities for advancement
to males and females; and
(e) Make no difference in conditions of employment
including, but not limited to, hiring practices, leaves of
absence, hours of employment, and assignment of, or
pay for, instructional and noninstructional duties, on
the basis of sex.
(2) Specifically with respect to counseling and guidance services for students, they shall be made available
to all students equally. All certificated personnel shall
be required to stress access to all career and vocational
opportunities to students without regard to sex.
(3) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams
for each sex. Schools which provide the following shall
do so with no disparities based on sex: Equipment and
28A.85.050
supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services;
assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and
practice times including use of courts, gyms, and pools:
Provided, That such scheduling of games and practice
times shall be determined by local administrative authorities after consideration of the public and student
interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for
athletic purposes shall provide comparable facilities for
both sexes. Such facilities may be provided either as
separate facilities or shall be scheduled and used separately by each sex.
The superintendent of public instruction shall also be
required to develop a student survey to distribute every
three years to each local school district in the state to
determine student interest for male/female participation
in specific sports.
(4) Specifically with respect to course offerings, all
classes shall be required to be available to all students
without regard to sex: Provided, That separation is permitted within any class during sessions on sex education or gym classes.
(5) Specifically with respect to textbooks and instructional materials, which shall also include, but not be
limited to, reference books and audio-visual materials,
they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: Provided, That this
subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes. [1975 1st ex.s. c 226 § 2.]
Severability--1975 1st ex.s. c 226: See note following RCW
28A.85.010.
28A.85.030 Administration. The office of the superintendent of public instruction shall be required to
monitor the compliance by local school districts with
this chapter, shall establish a compliance timetable and
regulations for enforcement of this chapter, and shall
establish guidelines for affirmative action programs to
be adopted by all school districts. [ 1975 l st ex.s. c 226 §
3.]
Severability--1975 1st ex.s. c 226: See note following RCW
28A.85.010.
28A.85.040 Civil relief for violations. Any person aggrieved by a violation of this chapter, or aggrieved by
the violation of any regulation or guideline adopted
hereunder, shall have a right of action in superior court
for civil damages and such equitable relief as the court
shall determine. [ 1975 l st ex.s. c 226 § 4.]
Severability--1975 1st ex.s. c 226: See note following RCW
28A.85.010.
28A.85.050 Enforcement--Superintendent's orders, scope. The superintendent of public instruction
shall have the power to enforce and obtain compliance
with the provisions of this chapter and the regulations
(1975 RCW Supp--p 275)
28A.85.050
Title 28A:
Common School Provisions
and guidelines adopted pursuant thereto by appropriate
order made pursuant to chapter 34.04 RCW, which order. by way of illustration. may include, the termination
of all or part of state apportionment or categorical
moneys to the offending school district. the termination
of specified programs in which violations may be flagrant within the offending school district, the institution
of a mandatory affirmative action program within the
offending school district, and the placement of the offending school district on probation with appropriate
sanctions until compliance is achieved. [ 1975 I st ex.s. c
226 § 5.)
Severability-1975 1st ex.s. c 226: See note following RCW
28A.85.0JO.
28A.85.900 Chapter supplementary. This chapter
shall be supplementary to. and shall not supersede. existing law and procedures and future amendments
thereto relating to unlawful discrimination based on
sex. [ 1975 I st ex.s. c 226 § 6.]
Severability-1975 1st ex.s. c 226: See note following RCW
28A.85.0IO.
Chapter 28A.87
OFFENSES RELATING TO SCHOOLS, SCHOOL
PERSONNEL-PENALTIES
Sections
28A.87.030 Superintendents of school boards-Defaults of, liability for-Action to recover penalties-Disposition.
28A.87.050 ESD superintendent's reports, default in makingPenalty.
28A.87.080 Funds, fines, forfeitures, failure to pay over-Penalty-Disposition of fines.
28A.87.090 Certain corrupt practices of school officials-Penalty.
28A.87. IOO Hygiene, failure of directors to provide for teachingWithholding warrants of board.
28A.87. l 10 Hygiene, failure of ESD superintendent to enforce requirement to teach-Penalty-Disposition of
fine-Duty of prosecuting attorney.
28A.87 .170 Districts using unauthorized textbooks, deviating from
study courses, hiring unqualified teachers-Funds
withheld.
Beneficial interests in contracts prohibited-Second and third class
school districts-Exception: RCW 28A.60.355.
Educational employment relations act: Chapter 41.59 RCW.
Sexual equality mandated for public schools: Chapter 28A.85 RCW.
28A.87 .030 Superintendents of school boards-Defaults of, liability for--Action to recover penalties--Disposition. In case any school district superintendent fails to make reports as by law or rule or
regulation promulgated thereunder provided, at the
proper time and in the proper manner, he shall forfeit
and pay to the district the sum of twenty-five dollars
for each and every such failure. He shall also be liable,
if. through such neglect, the district fails to receive its
just apportionment of school moneys, for the full
amount so lost. Each and all of said forfeitures shall be
recovered in a suit brought by the educational service
district superintendent or by any citizen of such district,
in the name of and for the benefit of such district, and
all moneys so collected shall be paid over to the county
treasurer and shall be by him placed to the credit of the
(1975 RCW Supp--p 276)
general fund of the district to which it belongs: Provided, That all fees, fines, forfeitures and penalties collected or assessed by a justice court because of the
violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended.
[1975 !st ex.s. c 275 § 140; 1970 ex.s. c 15 § 21. Prior:
1969 ex.s. c 199 § 56; 1969 ex.s. c 176 § 147; 1969 ex.s.
c 223 § 28A.87.030; prior: 1909 c 97 p 359 § 6; RRS §
5048; 1903 c 156 § 6; 1897 c 118 § 164; 1890 p 369 § 36.
Formerly RCW 28.87.030.]
Severability--1970 ex.s. c 15: See note following RCW
28A.02.070.
Rights preserved--Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.87.050 ESD superintendent's reports, default in
making--Penalty. If any educational service district
superintendent fails to make any full and correct report
to the superintendent of public instruction of statements
required by him or if he shall fail to file with the superintendent of public instruction a full and correct annual
report within ten days after the time prescribed by law
for filing said report, if any be required, the sum of fifty
dollars shall be forfeited from his salary for each such
unsatisfactory report, and the proper county officials
are hereby authorized and required to deduct therefrom
the sum aforesaid upon information from the superintendent of public instruction that such reports have not
been made. [1975 1st ex.s. c 275 § 141; 1969 ex.s. c 176
§ 148; 1969 ex.s. c 223 § 28A.87 .050. Prior: 1909 c 97 p
357 § 2; RRS § 5044; prior: 1897 c 118 § 160; 1890 p
360 § 15. Formerly RCW 28.87.050.)
Rights preserved--Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.87.080 Funds, fines, forfeitures, failure to pay
over--Penalty--Disposition of fines. Any person
collecting or receiving any fines, forfeitures or other
moneys belonging to the schools of the state of
Washington, or belonging to the school fund of any
county, school district or educational service district in
this state, and refusing or failing to pay over the same
as required by law, shall be liable for double the
amount so withheld, and in addition thereto, interest
thereon at the rate of five percent per month during the
time of so withholding the same; and it shall be a special duty of the educational service district superintendent to supervise and see that the provisions of this
section are fully complied with, including the initiation
of col:1rt actions therefor, and report thereon to the appropnate county commissioners at least semiannually.
Fines and penalties, exclusive of any moneys recovered
belonging to the school fund of any county, school district or educational service district in this state, when
collected, shall be turned over to the county treasurer
and by him transmitted to the state treasurer who shall
place the same to the credit of the current school fund
of the state: Provided, That all fees, fines, forfeitures
and penalties collected or assessed by a justice court
because of the violation of a state law shall be remitted
as provided in chapter 3.62 RCW as now exists or is
later amended. [ 1975 I st ex.s. c 275 § 142; 1970 ex.s. c
Appeals
15 § 22. Prior: 1969 ex.s. c 199 § 59; 1969 ex.s. c 176 §
149; 1969 ex.s. c 223 § 28A.87.080; prior: 1909 c 97 p
357 § 3; RRS § 5045; 1903 c 156 § 3; 1897 c 118 § 161;
1890 p 383 § 89. Formerly RCW 28.87.080.]
Severability-1970 ex.s. c 15: See note following RCW
28A.02.070.
Rights preserved-Severability-1969 ex.s. c 176: See note following RCW 28A.21.010.
28A.87 .090 Certain corrupt practices of school officials--Penalty. Except as otherwise provided in chapter 42.23 RCW, it shall be unlawful for any member of
the state board of education, the superintendent of
public instruction or any employee of his office, any
educational service district superintendent, any school
district superintendent or principal, or any director of
any school district, to request or receive, directly ~r ~n­
directly, anything of value for or on account of his mftuence with respect to any act or proceeding of the
state board of education, the office of the superintendent of public instruction, any office of educational
service district superintendent or any school district, or
any of these, when such act or proceeding shall inure to
the benefit of those offering or giving the thing of value.
Any wilful violation of the provisions of this section
shall be a misdemeanor and punished as such. [1975 1st
ex.s. c 275 § 143; 1969 ex.s. c 176 § 150; 1969 ex.s. c
223 § 28A.87 .090. Prior: 1917 c 126 § I; RRS § 5050.
Formerly RCW 28.87.090.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.87.100 Hygiene, failure of directors to provide
for teaching--Withholding warrants of board. U pan
complaint in writing being made to any educational
service district superintendent by any registered voter of
the school district complained against that the board of
directors of the district have failed to make provision
for the teaching of hygiene, with special reference to the
effects of alcoholic drink, stimulants and narcotics upon
the human system, or have failed to require students to
take such course, it shall be the duty of such educational service district superintendent to investigate at
once the matter of such complaint, and if found to be
true, he shall immediately notify the proper county officials of the county in which such school district is located thereof, and after the receipt of such notice, it
shall be the duty of such officials to refuse to issue or
register any warrants drawn upon such district subsequent to the date of such notice and until they shall be
notified to do so by such educational service district
superintendent. Whenever it shall be made to appear to
the said educational service district superintendent, and
he shall be satisfied that the board of directors of such
district are complying with the requirements of this section relating to the teaching of physiology and hygiene,
he shall notify said county officials, and said officials
shall thereupon issue and register the warrants of said
district. [1975 1st ex.s. c 275 § 144; 1969 ex.s. c 176 §
151; 1969 ex.s. c 223 § 28A.87.100. Prior: 1909 c 97 p
358 § 4; RRS § 5046; prior: 1903 c 156 § 4; 1897 c 118
§ 161; 1890 p 383 § 89. Formerly RCW 28.87.100.]
28A.88.010
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
28A.87.110 Hygiene, failure of ESD superintendent
to enforce requirement to teach--Penalty--Disposition of fine--Duty of prosecuting attorney. Any educational service district superintendent who shall fail or
refuse to comply with the provisions of RCW 28A.87. l 00 shall be liable to a penalty of one hundred dollars,
to be recovered in a civil action in the name of the state
in any court of competent jurisdiction, and the sum recovered shall go into the state current school fund; and
it shall be the duty of the prosecuting attorneJ'.s. of the
several counties of the state to see that the prov1s1ons of
this section are enforced. [1975 ]st ex.s. c 275 § 145;
1969 ex.s. c 176 § 152; 1969 ex.s. c 223 § 28A.87.110.
Prior: 1909 c 97 p 358 § 5; RRS § 5047; prior: 1903 c
156 § 5; 1897 c 118 § 163; 1890 p 385 § 91. Formerly
RCW 28.87.110.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
28A.87.170 Districts using unauthorized textbooks,
deviating from study courses, hiring unqualified teachers--Funds withheld. Any school district using textbooks other than those prescribed by lawful authority,
or any district failing to comply with the course of
study prescribed by the state board of education or by
other lawful authority, or any district in which warrants
are issued to a teacher not legally qualified to teach in
the common schools of the said district, shall have
withheld twenty-five percent of their school fund for
that or the subsequent year, and it is hereby made the
duty of the educational service district superintendent
to deduct said amount from the apportionment to be
made to any district failing in either or all of the above
requirements, and the amounts thus deducted shall be
withheld until the educational service district superintendent shall ascertain such situation no longer exists.
[1975 1st ex.s. c 275 § 146; 1969 ex.s. c 176 § 153; 1969
ex.s. c 223 § 28A.87.170. Prior: 1909 c 97 p 361 § 15;
RRS § 5058; prior: 1903 c 156 § 15; 1897 c 118 § 174.
Formerly RCW 28.87.170.]
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Chapter 28A.88
APPEALS FROM ACTION OR NONACTION OF
SCHOOL OFFICIALS AND SCHOOL BOARDS
Sections
28A.88.010 Appeals-Notice of-Scope-Time limitation.
Educational employment relations act: Chapter 41.59 RCW.
28A.88.010 Appeals--Notice of--Scope-Time limitation.
RCW 28A.88.0JO not applicable to contract renewal of school superintendent: RCW 28A.58.137.
(1975 RCW Supp---p 2771
Title 288
Title 288:
Higher Education
Title 288
HIGHER EDUCATION
Chapters
288.10 Colleges and unhersities generally.
288.14 1975 Bond issue for capital improvements for institutions of higher education.
288.15 College and unhersity fees.
28B.16 State higher education personnel law.
288.20 University of Washington.
288.30 Washington State University.
28B.40 State colleges.
28B.50 Community college act of 1967 (and community
colleges generally).
288.52 Negotiations by academic personnel--Community college districts.
28B.57 1975 Community college special capital projects
bond act.
288.58 1975 Community college general capital projects
bond act.
28B.80 Council for postsecondary education in the state
of Washington (Formerly: Council on higher
education in the state of Washington).
288.81 Commission on higher education.
Discrimination-Separation of sexes in dormitories, residence halls,
etc.: RCW 49.60.222.
Chapter 28B.10
COLLEGES AND UNIVERSITIES GENERALLY
Sections
288.10.180 Repealed.
288.10.295 Educational materials on abuses of, and illnesses consequent from, alcohol.
288.10.400 Annuities and retirement income plans-Authorized.
288.10.665 Liability insurance for officers and employees
authorized.
288.10.802 State student financial aid program-Definitions.
288. I 0.840 Definitions for purposes of RCW 288.10.840 through
288.10.844.
288.10.842 Actions against regents, trustees, officers, employees, or
agents of institutions of higher education or educational boards-Defense-Costs-Payment of
obligations from fund.
28B.10.180 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
288.10.295 Educational materials on abuses of, and
illnesses consequent from, alcohol. The boards of regents
of the state's universities, the boards of trustees of the
respective state colleges, and the boards of trustees of
the respective community colleges, with the cooperation
of the state board for community college education,
shall make available at some place of prominence within the premises of each campus educational materials
on the abuses of alcohol in particular and the illnesses
consequent therefrom in general: Provided, That such
materials shall be obtained from public or private organizations at no cost to the state. [ 1975 I st ex.s. c 164
§ 2.]
Legislative recognition of community alcohol centers: "The legislature recognizes the invaluable services performed by the community
alcohol centers throughout the state, which centers would view making available such educational materials as referred to in section 2 of
(1975 RCW Supp--p 278)
this act as a part of their community outreach education and preventive program and for which material no fees would be charged." [ 1975
1st ex.s. c 164 § I.] Reference to "section 2 of this act" [1975 1st ex.s.
c 164] means RCW 288.10.295 above.
288.10.400
Annuities and retirement income
plans--Authorized. The boards of regents of the state
universities, the boards of trustees of the state colleges,
and the state board for community college education
are authorized and empowered:
(I) To assist the faculties and such other employees
as any such board may designate in the purchase of old
age annuities or retirement income plans under s~ch
rules and regulations as any such board may prescnbe.
County agricultural agents, home demonstration agents,
4--H club agents, and assistant county agricultural
agents paid jointly by the Washington State Univer~ity
and the several counties shall be deemed to be full time
employees of the Washington State University for the
purposes hereof;
.
(2) To provide, under such rules and regulat10ns as
any such board may prescribe for the faculty members
or other employees under its supervision, for the retirement of any such faculty member or other employee on
account of age or condition of health, retirement on account of age to be not earlier than the sixty-fifth birthday: Provided, That such faculty member or such other
employee may elect to retire at the earliest age specified
for retirement by federal social security law: Provided
further, That any supplemental payment authorized by
subsectioQ (3) of this section' and paid as a result of retirement earlier than age sixty-five shall be at an actuarially reduced rate;
(3) To pay to any such retired person or his surviving
spouse, each year after his retirement, an amount
which, when added to the amount of such annuity or
retirement income plan received by him or his surviving
spouse in such year, will not exceed fifty percent of the
average annual salary paid to such retired person for
his highest two consecutive years of full time service at
an institution of higher education: Provided, however,
That if such retired person prior to his retirement
elected a supplemental payment survivors option, any
such supplemental payments to such retired person or
his surviving spouse shall be at actuarially reduced
rates: Provided further, That if a faculty member or
other employee of the University of Washington or
Washington State University who is a participant in a
retirement plan authorized by this section dies, or has
died before retirement but after becoming eligible for
retirement on account of age, the surviving spouse shall
be entitled to receive the supplemental payment authorized by this subsection (3) of this section to which
such surviving spouse would have been entitled had
said deceased faculty member or other employee retired
on the date of death after electing a supplemental payment survivors option. [1975 1st ex.s. c 212 § 1; 1973 1st
ex.s. c 149 § 1; 1971 ex.s. c 261 § I; 1969 ex.s. c 223 §
288.10.400. Prior: 1965 c 54 § 2; 1957 c 256 § 1; 1955 c
123 § 1; 1947 c 223 § 1; 1943 c 262 § 1; 1937 c 223 § 1;
Rem. Supp. 1947 § 4543-11. Formerly RCW 28.76.240.]
Severability--1973 1st ex.s. c 149: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is
1975 Bond Issue-Capital Improvements
held invalid, the remainder of the act, or the application of the provi·
sion to other persons or circumstances is not affected." [ 1973 Ist ex.s.
c 149 § 9.]
Appropriation--1973 1st ex.s. c 149: "The sum of $1,611,650 is
hereby appropriated from the general fund for the purpose of carrying
out this 1973 amendatory act, to be allocated by the governor to the
institutions of higher education." [1973 1st ex.s. c 149 § IO.]
Effective date--1973 1st ex.s. c 149: "This 1973 amendatory act
shall take effect on July I, 1974." [1973 !st ex.s. c 149 § 11.]
The above annotations apply to RCW 28B. I0.400, 28B. I0.405,
28B. I0.410, 28B. I0.415, 28B. I0.420, 28B. I0.423 and 83.20.030 and the
repeal of RCW 28B.50.570, 28B.50.571, 28B.50.572, 28B.50.573, 28B.50.574 and 28B.50.575.
Severability-1971 ex.s. c 261: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c
261 § 7.] This applies to RCW 28B.I0.400 through 28B.I0.417.
28B.10.665 Liability insurance for officers and employees authorized. See RCW 36.16.138.
28B.10.802 State student financial aid program-Definitions. As used in RCW 28B.10.800 through
28B.10.824:
(1) "Institutions of higher education" shall mean any
public or private college, university or community college in the state of Washington which is accredited by
the Northwest Association of Secondary and Higher
Schools; and an institute of higher education shall also
mean any public vocational-technical institute in the
state of Washington.
(2) The term "financial aid" shall mean loans and/or
grants to needy students enrolled or accepted for enrollment as a full time student at institutions of higher
education.
(3) The term "needy student" shall mean a post high
school student of an institution of higher learning as
defined in subsection (1) above who demonstrates to the
commission the financial inability, either through his
parents, family and/or personally, to meet the total cost
of board, room, books, and tuition and incidental fees
for any semester or quarter.
(4) The term "disadvantaged student" shall mean a
post high school student who by reason of adverse cultural, educational, environmental, experiential, familial
or other circumstances is unable to qualify for enrollment as a full time student in an institution of higher
learning, who would otherwise qualify as a needy student, and who is attending an institution of higher
learning under an established program designed to
qualify him for enrollment as a full time student.
(5) "Commission" shall mean the council for postsecondary education created in RCW 28B.80.010 as now
or hereafter amended. [1975 1st ex.s. c 132 § 16; 1969
ex.s. c 222 § 8. Formerly RCW 28.76.440.]
Effective date--Severability--1975 1st ex.s. c 132: See notes
following RCW 28B.80.0IO.
288.10.840 Definitions for purposes of RCW 288.10.840 through 288.10.844. The term "institution of higher
education" whenever used in RCW 28B.10.840 through
28B.10.844, shall be held and construed to mean any
public institution of higher education in Washington.
The term "educational board" whenever used in RCW
28B.14.010
288.10.840 through 288.10.844, shall be held and construed to mean the state board for community college
education and the council on [for] postsecondary education. [1975 1st ex.s. c 132 § 17; 1972 ex.s. c 23 § I.]
Effective date--Severability--1975 1st ex.s. c 132: See notes
following RCW 28B.80.0IO.
28B.10.842 Actions against regents, trustees, officers,
employees, or agents of institutions of higher education
or educational boards--Defense--Costs--Payment of obligations from fund. Whenever any action,
claim, or proceeding is instituted against any regent,
trustee, officer, employee, or agent of an institution of
higher education or member of the governing body, officer, employee, or agent of an educational board arising out of the performance or failure of performance of
duties for, or employment with such institution or educational board, the board of regents or board of trustees
of the institution or governing body of the educational
board may grant a request by such person that the attorney general be authorized to defend said claim, suit,
or proceeding, and the costs of defense of such action
shall be paid from the appropriation made for the support of the institution or educational board to which
said person is attached. If a majority of the members of
a board of regents or trustees or educational board is or
would be personally affected by such findings and determination, or is otherwise unable to reach any decision on the matter, the attorney general is authorized to
grant a request. When a request for defense has been
authorized, then any obligation for payment arising
from such action, claim, or proceedings shall be paid
from the tort claims revolving fund, notwithstanding the
nature of the claim, pursuant to the provisions of RCW
4.92.130 through 4.92.170, as now or hereafter amended: Provided, That this section shall not apply unless
the authorizing body has made a finding and determination by resolution that such regent, trustee, member
of the educational board, officer, employee, or agent
was acting in good faith. [ 1975 c 40 § 4; 1972 ex.s. c 23
§ 2.]
Chapter 28B.14
1975 BOND ISSUE FOR CAPITAL
IMPROVEMENTS FOR INSTITUTIONS OF
HIGHER EDUCATION
Sections
28B.14.0IO Bonds authorized--Amount--Consideration for minority contractors on projects so funded.
28B.14.020 Bond anticipation notes--Authorized-Payment.
28B.14.030 Form, terms, conditions, sale and covenants of bonds
and notes.
28B.14.040 Disposition of proceeds from sale of bonds and
notes-Use.
28B.14.050 1975 state higher education bond retirement fund-Created-Purpose.
28B.14.060 Bonds as legal investment for public funds.
288.14.010 Bonds authorized--Amount--Consideration for minority contractors on projects so funded.
For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings
11975 RCW Supp--p 279)
28B.14.010
Title 28B:
and facilities for the institutions of higher education.
the state finance committee is hereby authorized to issue from time to time general obligation bonds of the
state of Washington in the aggregate principal amount
of twelve million four hundred thousand one hundred
dollars. or so much thereof as shall be required to finance the capital projects relating to institutions of
higher education as determined by the legislature in its
capital appropriations act, chapter 276, Laws of 1975
Ist ex. sess., for such purposes, to be paid and discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1, of the Constitution of the state of Washington. It is the intent of the
legislature that in any decision to contract for capital
projects funded as the result of this chapter, full and
fair consideration shall be given to minority contractors. [1975 1st ex.s. c 237 § l.]
Severability--1975 1st ex.s. c 237: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 !st ex.s. c
237 § 8.) This applies to RCW 28B.14.010, 28B.14.020, 28B.14.030,
28B.14.040, 28B.14.050 and 28B.14.060.
28B.14.020 Bond anticipation notes--Authorized--Payment. When the state finance committee
has determined to issue such general obligation bonds
or a portion thereof as authorized in RCW 28B.14.010,
it may, pending the issuance thereof, issue in the name
of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as
"bond anticipation notes". Such portion of the proceeds
of the sale of such bonds as may be required for the
payment of principal and redemption premium, if any,
of and interest on such notes shall be applied thereto
when such bonds are issued. [1975 1st ex.s. c 237 § 2.]
Severability--1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions and
covenants of the bonds and/or the bond anticipation
notes provided for in RCW 28B.14.010 and 28B.14.020,
the time or times of sale of all or any portion of them,
and the conditions and manner of their sale and
issuance.
Each such bond and bond anticipation note shall
pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise
to pay the principal thereof and interest thereon when
due. [1975 1st ex.s. c 237 § 3.]
Severability--1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.040 Disposition of proceeds from sale of
bonds and notes-Use. Except for that portion of the
proceeds required to pay bond anticipation notes pursuant to RCW 28B.14.020, the proceeds from the sale of
the bonds and/or bond anticipation notes authorized in
this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to
11975 RCW Supp----p 2801
Higher Education
deposit therein, shall be deposited in the state higher
education construction account of the general fund in
the state treasury. All such proceeds shall be used exclusively for the purposes specified in this chapter and
for the payment of the expenses incurred in connection
with the sale and issuance of such bonds and bond anticipation notes. [ 1975 1st ex.s. c 237 § 4.]
Severability--1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.050 1975 state higher education bond retirement fund--Created--Purpose. The 1975 state
higher education bond retirement fund is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds
authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th
of each year, shall certify to the state treasurer the
amount required in the next succeeding twelve months
for the payment of the principal of and the interest
coming due on such bonds. On July I st of each such
year the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit
in the 1975 state higher education bond retirement fund
an amount equal to the amount certified by the state finance committee. [1975 1st ex.s. c 237 § 5.]
Severability--1975 1st ex.s. c 237: See note following RCW
28B.14.010.
28B.14.060 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations. [1975 1st ex.s. c 237 § 6.]
Severability--1975 1st ex.s. c 237: See note following RCW
28B.14.010.
Chapter 28B.15
COLLEGE AND UNIVERSITY FEES
Sections
28B.15.225 Exemption from payment of certain fees of school of
medicine at University of Washington.
28B.!5.540 Waiver of tuition and fees for residents sixty years of
age or older-Limitations.
28B.15.225 Exemption from payment of certain fees
of school of medicine at University of Washington. The
board of regents of the University of Washington may
exempt from payment of the nonresident portion of the
legally-established student tuition and fees, any student
admitted to the university's school of medicine pursuant
to any contracts with the states of Alaska, Montana, or
Idaho, or agencies thereof, providing for a program of
regionalized medical education conducted by said
school of medicine, which contracts provide that the
proportional cost of such program and in excess of resident student tuition and fees will be reimbursed to the
university by or on behalf of said states or agencies
thereof. [1975 1st ex.s. c 105 § l.]
State Higher Education Personnel Law
288.15.540 Waiver of tuition and fees for residents
sixty years of age or older--Limitations. Notwithstanding any other provision of this chapter or the laws
of this state and consistent with the regulations and
procedures established by the boards of trustees of the
state colleges, the boards of regents of the state universities and the state board for community college education each institution may for Washington residents who
are sixty years of age or older:
(I) Waive, in whole or in part, the tuition, operating
and services and activities fees for students who qualify
under this section and who are enrolled for credit, and
(2) Waive the tuition, operating a.nd services and activities fees for students who qualify under this section,
but charge a nominal fee not to exceed five dollars per
quarter, or semester, as the case may be, for such students who are enrolled on an audit basis: Provided,
That residents enrolling with fee exemptions under this
section shall register for not more than two quarter or
semester courses at one time on a space available basis,
and no new course sections shall be created as a direct
result of such registration: Provided further, That such
waivers shall not be available to students who plan to
use the course credits gained thereby for increasing credentials or salary schedule increases: Provided further,
That enrollment information concerning fee exemptions
awarded under this section shall be maintained separately from other enrollment information but shall not
be included in official enrollment reports: Provided,
That persons who enroll pursuant to provisions of this
section shall not be considered for any purpose in determining student-teacher ratio, nor for any purpose
relating to enrollment totals, nor any other statistic
which would affect budgetary determinations. Persons
enrolling under the provisions of this section shall have,
in equal with all other students, access to course counseling services and shall be subject to all course prerequisite requirements. [1975 1st ex.s. c 157 § 2.]
Purpose--1975 1st ex.s. c 157: "In recognition of the worthwhile
goal of making education a life-long process, it is the declared desire
of the legislature to promote the availability of postsecondary education for the state's older residents." (1975 !st ex.s. c 157 § I.] This applies to RCW 288.15.540.
Chapter 288.16
STATE HIGHER EDUCATION PERSONNEL LAW
Sections
288.16.100 Rules and regulations-Scope.
28B.16.llO Rules and regulations-Salary schedules and compensation plans to reflect prevailing wages-Periodic
wage surveys with recommended salary adjustments,
report of.
288.16.100 Rules and regulations--Scope. (1) The
higher education personnel board shall adopt and promulgate rules and regulations, consistent with the purposes and provisions of this chapter and with the best
standards of personnel administration, regarding the
basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and
appeals therefrom; certification of names for vacancies,
including promotions, with the number of names equal
288.16.100
to two more names than there are vacancies to be filled,
such names representing applicants rated highest on eligibility lists; examination for all positions in the competitive and noncompetitive service; appointments;
probationary periods of six months and rejections
therein; transfers, sick leaves and vacations; hours of
work; layoffs when necessary and subsequent reemployment, both according to seniority; determination of
appropriate bargaining units within any institution or
related boards: Provided, That in making such determination the board shall consider the duties, skills, and
working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among
the employees, and the desires of the employees; certification and decertification of exclusive bargaining representatives; after certification of an exclusive
bargaining representative and upon said representative's
request, the director shall hold an election among employees in a bargaining unit to determine by a majority
whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning
of employment or the date of such election, whichever
is the later, and the failure of an employee to comply
with such condition of employment shall constitute
cause for dismissal: Provided, That no more often than
once in each twelve month period after expiration of
twelve months following the date of the original election in a bargaining unit and upon petition of thirty
percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment:
Provided further, That for purposes of this clause membership in the certified exclusive bargaining representative shall be satisfied by the payment of monthly or
other periodic dues and shall not require payment of
initiation, reinstatement or any other fees or fines and
shall include full and complete membership rights: And
provided further, That in order to safeguard the right of
nonassociation of puhlic employees, based on bona fide
religious tenets or teachings of a church or religious
body of which such public employee is a member, such
public employee shall pay to the union, for purposes
within the program of the union as designated by such
employee that would be in harmony with his individual
conscience, an amount of money equivalent to regular
union dues minus any included monthly premiums for
union-sponsored insurance programs, and such employee shall not be a member of the union but shall be
entitled to all the representation rights of a union member; agreements between institutions or related boards
a!1~ certified_ exclusive bargaining representatives prov1dmg for gnevance procedures and collective negotiations on all personnel matters over which the institution
or the related board may lawfully exercise discretion;
written_ agreements may contain provisions for payroll
deductions of employee organization dues upon authorization by the employee member and for the cancellati~n of s~ch payroll deduction by the filing of a proper
pnor notice by the employee with the institution and
the employee organization: Provided, That nothing
(1975 RCW Supp--p 281)
288.16.100
Title 288:
Higher Education
contained herein shall permit or grant to any employee
the right to strike or refuse to perform his official duties: adoption and re\ ision of comprehensive classification plans for all positions in the classified service,
based on investigation and analysis of the duties and
responsibilities of each such position; allocation and reallocation of positions within the classification plan;
training programs including in-service, promotional,
and supervisory; regular increment increases within the
series of steps for each pay grade, based on length of
service for all employees whose standards of performance are such as to permit them to retain job status in
the classified service: and adoption and revision of salary schedules and compensation plans which reflect not
less than the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature and which shall be competitive
in the locality in which the institution or related boards
are located, such adoption, revision, and implementation subject to approval as to availability of funds by
the director of the office of program planning and fiscal
management in accordance with the provisions of
chapter 43.88 RCW, and after consultation with the
chief financial officer of each institution or related
board for that institution or board. or in the case of
community colleges, by the chief financial officer of the
state board for community college education for the
various community colleges; and providing for veteran's preference as provided by existing statutes, with
recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by
giving such eligible veterans and their widows additional credit in computing their seniority by adding to their
unbroken higher education service, as defined by the
board, the veteran's service in the military not to exceed
five years of such service. For the purposes of this section, "veteran" means any person who has one or more
years of active military service in any branch of the
armed forces of the United States or who has less than
one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of
such service, has received an honorable discharge, a
discharge for physical reasons with an honorable
record, or a release from active military service with
evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be
given: Provided, however, That the _wido~ of a veteran
shall be entitled to the benefits of this sect10n regardless
of the veteran's length of active military service: Provided further, That for the purposes of this section
"veteran" shall not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in
excess of five hundred dollars per month.
(2) Rules and regulations adopted and promulgated
by the higher education personnel board shall provide
for local administration and management by the institutions of higher education and related boards, subject
to periodic audit and review by the board, of the
following:
(1975 RCW Supp---p 2821
(a) Appointment, promotion, and transfer of
employees;
(b) Dismissal, suspension. or demotion of an
employee;
(c) Examinations for all positions in the competitive
and noncompetitive service;
(d) Probationary periods of six months and rejections
therein;
(e) Sick leaves and vacations;
(f) Hours of work;
(g) Layoffs when necessary and subsequent
reemployment;
(h) Allocation and reallocation of positions with the
classification plans;
(i) Training programs:
(j) Maintenance of personnel records. [ 1975 l st ex.s. c
122 § I; 1973 !st ex.s. c 75 § 2; 1973 c 154 § 2; 1971
ex.s. c 19 § I; 1969 ex.s. c 36 § 10. Formerly RCW
28.75.100.)
Severability--1975 1st ex.s. c 122: "If any provision of this
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1975 1st ex.s.
c 122 § 3.] This applies to RCW 288.16.100 and 288.16.110.
Effective date---1973 1st ex.s. c 75: See note following RCW
41.06.150.
Positions under college work-study program to be identified as to job
classification: RCW 288.12.060.
288.16.110 Rules and regulations--Salary schedules and compensation plans to reflect prevailing
wages-Periodic wage surveys with recommended salary adjustments, report of. The salary schedules and
compensation plans, adopted and revised as provided in
RCW 28B. I 6. 100 as now or hereafter amended, shall
reflect not less than prevailing rates in private industries
and other governmental units for positions of a similar
nature in the locality in which the institution or related
board is located. For this purpose periodic wage surveys
shall be undertaken by the board with the assistance of
the various personnel officers of the institutions of
higher education, with one such survey to be conducted
each year prior to the convening of each regular session
of the state legislature. The results of such wage survey
shall be forwarded with recommended salary adjustments, which recommendations shall be advisory only,
to the governor and the director of the office of program planning and fiscal management for their use in
preparing budgets to be submitted to the succeeding
legislature. [ 1975 I st ex.s. c 122 § 2; 1969 ex.s. c 36 § 11.
Formerly RCW 28.75.110.)
Chapter 288.20
UNIVERSITY OF WASHINGTON
Sections
288.20.750 Hospital project bonds--State general obligation
bonds in lieu of revenue bonds.
288.20.751 Hospital project bonds-Amount authorized.
288.20.752 Hospital project bonds--8ond anticipation notes, authorized, payment.
288.20.753 Hospital project bonds--Form, terms, conditions, sale,
and covenants for bonds and notes.
288.20.754 Hospital project bonds-Disposition of proceeds.
University of Washington
288.20.755
Hospital project bonds-Administration of proceeds
from bonds and notes.
288.20.756 Hospital project bonds-1975 University of
Washington hospital bond retirement fund, created,
purpose.
288.20.757 Hospital project bonds-Regents to accumulate moneys for bond payments.
288.20.758 Hospital project bonds-As legal investment for public funds.
288.20.759 Hospital project bonds-Prerequisite to issuance.
288.20.750 Hospital project bonds--State general
obligation bonds in lieu of revenue bonds. The legislature
has previously approved by its appropriation of funds
from time to time, a capital improvement project for the
University of Washington hospital, which project was to
be partly funded by the issuance, by the university
board of regents, of revenue bonds payable from certain university hospital fees. In order that such project
may be funded on terms most advantageous to the
state, it is hereby determined to be in the public interest
that state general obligation bonds be issued to provide
part of the funds for such project in lieu of revenue
bonds. [1975 1st ex.s. c 88 § I.]
Severability--1975 1st ex.s. c 88: "If any provision of this 1975
act, or its application to any person or circumstance is held invalid,
the remainder of the act, or the application of the provision to other
persons or circumstances, shall in no way be affected." (1975 !st ex.s.
c 88 § 12.] This applies to RCW 288.20.750, 288.20.751, 288.20.752,
288.20.753, 288.20.754, 288.20.755, 288.20.756, 288.20.757,
288.20.758 and 288.20.759.
288.20.751 Hospital project bonds--Amount authorized. For the purpose of providing financing for
needed acquisition, construction, remodeling, furnishing
or equipping of buildings and facilities of the University
of Washington hospital, the state finance committee is
hereby authorized to issue from time to time general
obligation bonds of the state of Washington in the aggregate principal amount of eight million dollars, or so
much thereof as shall be required to finance the university hospital improvements project described in RCW
28B.20.750, to be paid and discharged within thirty
years of the date of issuance, in accordance with Article
VIII, section 1, of the Constitution of the state of
Washington. [1975 1st ex.s. c 88 § 2.]
288.20.756
288.20.753 Hospital project bonds--Form, terms,
conditions, sale, and covenants for bonds and notes. The
state finance committee is authorized to prescribe the
form, terms, conditions and covenants of the bonds
and/or the bond anticipation notes, the time or times of
sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall
pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise
to pay the principal thereof and the interest thereon
when due. !J 975 l st ex.s. c 88 § 4.]
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
288.20.754 Hospital project bonds--Disposition of
proceeds. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to
RCW 28B.20.752, the proceeds from the sale of the
bonds and/or bond anticipation notes authorized herein, together with all grants, donations, transferred funds
and other moneys which the state finance committee or
the board of regents of the University of Washington
may direct the state treasurer to deposit therein, shall
be deposited in the building authority construction account in the state treasury. [1975 1st ex.s. c 88 § 5.]
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
288.20.755 Hospital project bonds--Administration of proceeds from bonds and notes. Subject to legislative appropriation, all proceeds of the bonds and/or
bond anticipation notes authorized in RCW 28B.20.750
through 28B.20.759 shall be administered and expended
by the board of regents of the University of
Washington exclusively for the purposes specified in
RCW 28B.20.750 through 28B.20.759 and for the payment of the expenses incurred in connection with the
sale and issuance of such bonds and bond anticipation
notes. [1975 1st ex.s. c 88 § 6.]
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
288.20.752 Hospital project bonds--8ond anticipation notes, authorized, payment. When the state finance committee has determined to issue such general
obligation bonds or a portion thereof, it may, pending
the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of such
bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of
principal and redemption premium, if any, of and interest on such notes shall be applied thereto when such
bonds are issued. [1975 1st ex.s. c 88 § 3.]
288.20.756 Hospital project bonds--1975 University of Washington hospital bond retirement fund, created, purpose. The 1975 University of Washington
hospital bond retirement fund is hereby created in the
state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued
pursuant to RCW 28B.20.750 through 28B.20.759.
The state finance committee, on or before June 30th
of each year, shall certify to the state treasurer the
amount required in the next succeeding twelve months
for the payment of the principal of and interest coming
due on such bonds. On July 1st of each such year the
state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in
the 1975 University of Washington hospital bond retirement fund an amount equal to the amount certified
by the state finance committee. [1975 1st ex.s. c 88 § 7.]
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
Severability-1975 1st ex.s. c 88: See note following RCW
288.20.750.
(1975 RCW Supp--p 283)
288.20.757
Title 288:
Higher Education
288.20.757 Hospital project bonds--Regents to
accumulate moneys for bond payments. On or before
June 30th of each year, the board of regents of the uni\'ersit) shall cause to be accumulated, in an appropriate
local fund. from fees charged patients of the university
hospital and other moneys legally available for such
purposes, an amount at least equal to the amount required in the next succeeding twelve months for the
payment of the principal of and interest coming due on
the bonds issued pursuant to RCW 28B.20.750 through
28B.20.759. Notwithstanding the provisions of RCW
2~B.15.220, on July 1st of each such year the board of
regents of the university shall cause to be paid to the
state treasurer for deposit into the general fund of the
state treasury, the sum so accumulated. [1975 1st ex.s. c
88 § 8.]
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
288.20.758 Hospital project bonds--As legal investment for public funds. The bonds authorized in
RCW 28B.20.750 through 28B.20.759 shall constitute a
legal investment for all state funds or for funds under
state control and all funds of municipal corporations.
[1975 1st ex.s. c 88 § 9.]
Severability--1975 1st ex.s. c 88: See note following RCW
288.20.750.
288.20.759 Hospital project bonds--Prerequisite
to issuance. The bonds authorized in RCW 28B.20.750
through 28B.20.759 shall be issued only after the university board of regents has certified to the state finance
committee that projected revenue from fees charged
patients of the university hospital shall be adequate,
based upon reasonable projections for that revenue, to
enable the board of regents to meet the requirement of
RCW 28B.20.757 during the life of the bonds proposed
to be issued. [1975 1st ex.s. c 88 § 10.]
Severability-1975 1st ex.s. c 88: See note following RCW
288.20.750.
Chapter 28830
WASHINGTON STATE UNIVERSITY
Sections
288.30.600 Tree fruit research center facility, financing-Bonds
authorized for-Amount-Discharge.
288.30.604 Tree fruit research center facility, financing--Anticipation notes authorized-Office-laboratory construction account created, use.
288.30.606 Tree fruit research center facility, financing-Administration of proceeds from sale of bonds or notesInvestment of surplus funds.
288.30.610 Tree fruit research center facility, financing-Officelaboratory facilities bond redemption fund created,
use.
288.30.614 Tree fruit research center facility, financing-Lease
agreement prerequisite to sale of bonds-Disposition of lease payments.
288.30.619 Tree fruit research center facility, financingAppropriation.
28830.600 Tree fruit research center facility, financing--8onds authorized for--Amount--Discharge.
For the purpose of funding and providing the planning,
(1975 RCW Supp--p 2841
con.struction, furnishing and equipping, together with
all 1mprove!11ents thereon, of an office-laboratory facility at Washmgton State University Tree Fruit Research
Center, the state finance committee is authorized to issue general obligation bonds of the state of Washington
in the sum of one million nine hundred fifty thousand
dollars, or so much thereof as may be required, to finance the project defined in RCW 28B.30.600 through
28B.30.619 and all costs incidental thereto. Such bonds
shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1 of the state Constitution. [ 1975 I st ex.s. c 109 § I;
1974 ex.s. c 109 § I.]
Severability--1975 1st ex.s. c 109: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s.
c 109 § 7.] This applies to RCW 288.30.600, 288.30.604, 288.30.606,
288.30.610, 288.30.614 and 288.30.619.
Severability--1974 ex.s. c 109: "If any provision of this 1974 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 109 § 14.] This
applies to RCW 288.30.600, 288.30.602, 288.30.604, 288.30.606, 288.30.608, 288.30.610, 288.30.612, 288.30.614, 288.30.616, 288.30.618
and 288.30.619.
288.30.604 Tree fruit research center facility, financing--Anticipation notes authorized--Office-laboratory construction account created, use. At the time the
state finance committee determines to issue such bonds
or a portion thereof, it may, pending the issuance of
such bonds, issue, in the name of the state, temporary
notes in anticipation of the money to be derived from
the sale of the bonds, which notes shall be designated as
"an ticipa ti on notes". The proceeds from the sale of
bonds and notes authorized by RCW 28B.30.600
through 28B.30.6 l 9 shall be deposited in the officelaboratory construction account hereby created in the
general fund of the state treasury and shall be used exclusively for the purposes specified in RCW 28B.30.600
through 28B.30.6 l 9 and for the payment of expenses
incurred in the issuance and sale of bonds: Provided,
That such portion of the proceeds of the sale of such
bonds as may be required for the payment of the principal .and interest on such anticipation notes as have
been issued, shall be deposited in the bond redemption
fund created in RCW 28B.30.610. [1975 1st ex.s. c 109 §
2; 1974 ex.s. c 109 § 3.]
Severability--1975 1st ex.s. c 109: See note following RCW
288.30.600.
Severability--1974 ex.s. c 109: See note following RCW
288.30.600.
288.30.606 Tree fruit research center facility, financing--Administration of proceeds from sale of bonds or
notes--Investment of surplus funds. The principal
proceeds from the sale of the bonds or notes deposited
m the office-laboratory construction account of the
gen.era! ~und shall be admini~tered by Washington State
Umvers1ty. Whenever there 1s a surplus of funds available in the office-laboratory construction account of the
general fund to meet current expenditures payable
therefrom, the state finance committee may invest such
288.40.380
State Colleges
portion of said funds as the university deems appropriate in securities issued by the United States or agencies
of the United States government as defined by RCW
43.84.080 (1) and (4). All income received from such
investments shall be deposited to the credit of the bond
retirement fund created in RCW 288.30.610. [ 1975 I st
ex.s. c 109 § 3; 1974 ex.s. c 109 § 4.]
Severability-1975 1st ex.s. c 109: See note following RCW
288.30.600.
Severability-1974 ex.s. c 109: See note following RCW
288.30.600.
288.30.610 Tree fruit research center facility, financing--Office-laboratory facilities bond redemption fund
created, use. The office-laboratory facilities bond redemption fund is hereby created in the state treasury,
which fund shall be exclusively devoted to the payment
of the principal of and interest on the bonds and notes
authorized by RCW 288.30.600 through 288.30.619.
The state finance committee, shall, on or before June
30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet
such bond retirement and interest requirements which
may exceed cash available in the bond redemption fund
from rental revenues, and on July 1st of each year the
state treasurer shall deposit such amount in the officelaboratory facilities bond redemption fund from any
general state revenues received in the state treasury and
certified by the state treasurer to be general state revenues. [1975 1st ex.s. c 109 § 4; 1974 ex.s. c 109 § 6.]
Severability-1975 1st ex.s. c 109: See note following RCW
288.30.600.
Severability-1974 ex.s. c 109: See note following RCW
288.30.600.
288.30.614 Tree fruit research center facility, financing--Lease agreement prerequisite to sale of
bonds--Disposition of lease payments. None of the
bonds authorized in RCW 288.30.600 through 28B.30.619 shall be sold unless a long-term lease agreement
shall be entered into between Washington State University and the general services administration of the
federal government providing for the joint occupancy of
this facility by the United States Department of Agriculture and Washington State University. The lease
payments by the federal government or any other funds
which may be legally pledged for such purpose, shall
provide for the amortization of the principal of and interest on the bonds authorized by RCW 28B.30.600
through 28B.30.619 as certified by the state finance
committee, in addition to custodial, maintenance and
utility services costs. All annual lease payments received
by the university for payment of the principal and interest on the bonds shall be forthwith remitted by the
university and deposited in the state treasury to the
credit of the office-laboratory facilities bond redemption fund. [1975 1st ex.s. c 109 § 5; 1974 ex.s. c 109 § 8.]
Severability-1975 1st ex.s. c 109: See note following RCW
288.30.600.
Severability-1974 ex.s. c 109: See note following RCW
288.30.600.
288.30.619 Tree fruit research center facility, financing--Appropriation. There is hereby appropriated to
Washington State University from the office-laboratory
construction account of the general fund, out of the sale
of the bonds or notes authorized by RCW 28B.30.600
through 28B.30.6 I 9, the sum of one million nine hundred fifty thousand dollars, or such lesser amount as
may be required, to finance the planning, construction,
furnishing and equipping, together with all improvements thereon, of the facility authorized by RCW 28B.30.600 through 28B.30.619. [1975 1st ex.s. c 109 § 6;
1974 ex.s. c 109 § 11.]
Severability-1975 1st ex.s. c 109: See note following RCW
288.30.600.
Severability-1974 ex.s. c 109: See note following RCW
288.30.600.
Chapter 288.40
STATE COLLEGES
Sections
288.40.205 Degrees through master's degrees authorizedLimi ta tions.
288.40.210 Repealed.
288.40.226 Repealed.
288.40.380 Extension departments.
288.40.205 Degrees through master's degrees authorized--Limitations. In addition to all other powers
and duties given to them by law, Central Washington
State College, Eastern Washington State College, and
Western Washington State College are hereby authorized to grant any degree through the master's degree to
any student who has completed a program of study
and/ or research in those areas which are determined by
the faculty and board of trustees of the college to be
appropriate for the granting of such degree: Provided,
That any degree authorized under this section which
has no fiscal impact shall be subject to the review and
recommendation of the *council for postsecondary education: Provided further, That any degree permitted
under this section having additional fiscal impact shall
not be authorized prior to review and recommendation
by the *council for postsecondary education and approval of the legislature. [1975 1st ex.s. c 232 § I.]
*Reviser's note: "council for postsecondary education" is herein
substituted for "council on higher education", see (1975 1st ex.s. c 132
§ I], RCW 288.80.010.
288.40.210 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
288.40.226 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
288.40.380 Extension departments. In order to assist
teachers in service, candidates for certificates, and others, each state college shall establish and maintain an
extension department. The work of the department may
supplement the previous training of teachers in service
and comprise subjects included in the state college curriculum, or otherwise.
(1975 RCW Supp--p 2851
288.40.380
Title 288:
Higher Education
In order to prevent overlapping of territory in connection with this extension work, the state hoard of education shall district the state making a definite
assignment of territory to each institution: Provided,
That such assignments of territory shall not preclude
any other contractual arrangements initiated by a state
college to carry out its duties under this section. The
head of the extension department of each state college,
after being assigned specific territory, shall cooperate
with the several educational service district superintendents or educational executive officers of the educational service districts in making public the courses or
seminars available for each year, such information being forwarded by the head of the extension department
to the state superintendent of public instruction.
A report of the work accomplished by any such extension department during the preceding school year
shall be made by the board of trustees upon request of
the governor or any member of the legislature. [ 1975 1st
ex.s. c 275 § 147; 1969 ex.s. c 176 § 155; 1969 ex.s. c
223 § 288.40.380. Prior: 1965 c 139 § 23; 1917 c 128 §
5; RRS § 4617. Formerly RCW 28.81.100, 28.71.080,
28.81.050, part.]
Rights preserved-Severability--1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Chapter 288.50
COMMUNITY COLLEGE ACT OF 1967
(AND COMMUNITY COLLEGES GENERALLY)
Sections
28B.50.020 Purpose.
28B.50.050 State board for community college education--Created--Members--Appointment--Terms-Qualifications--Per diem and mileage--Removal.
28B.50.060 Director of the state system of community colleges-Appointment--Term-Qualifications--Salary
and expenses--Duties.
28B.50.092 College board--Program for military personnel-Restrictions as to high school completion program.
28B.50. l 60 through 28B.50.200 Repealed.
28B.50.2 l l Decodified.
28B.50.220 Repealed.
28B.50.22 l through 28B.50.246 Recodified.
28B.50.535 Community college may issue high school diploma or
certificate, limitation.
28B.50.55 l Leave provisions generally.
28B.50.770 Repealed.
28B.50.85 l Faculty tenure--Definitions.
Commission for vocational education, director of the state board for
community college education as members: RCW 28C.04.030.
1975 community college general capital projects bond, act: Chapter
28B.58 RCW.
197.5 community college special capital projects bond act: Chapter
288.57 RCW.
Walla Walla community college, expo facilities for--Appropriation
for: "There is hereby appropriated from the state general fund to the
state board of community colleges for allocation to district 20, Walla
Walla community college, the sum of two hundred ninety-two thousand seven hundred twenty-five dollars, or so much thereof as may be
necessary. for the biennium ending June 30, 1977, for the purpose of
providing funds for the acquisition of the republic of China's exposition pavilion located at Spokane, Washington, including (I) the removal of the said pavilion to the campus of the Walla Walla
community college, (2) the placement of such pavilion on the said
campus, (3) the provision of utility services, (4) all necessary improvements to the site at Walla Walla community college and the refurbishing and equipping of the pavilion as may be required for its
use as a performing arts facility. and (5) the repair of the exposition
(1975 RCW Supp---p
2861
site of the said pavilion from which it will be removed as required by
the Spokane exposition: Provided, That the amount of $292, 725 of the
Phase II appropriation, or as much thereof as is available following
completion of the Phase II facilities authorized under the provisions
of section 2 of this act, shall be reimbursed to the state general fund."
(1975 !st ex.s. c 141 § l.)
Walla Walla community college, expo facilities for--Allotment adjustments authorized: "In addition to the authority granted in section
1 of this act, Walla Walla community college is hereby authorized to
make necessary allotment adjustments, with the concurrence of the
state board for community college education and the governor. within
their 1973 Phase Two Budget Appropriation, for the acquisition, relocation, siting, refurbishing, and equipping of any surplus expo facilities on the Walla Walla community college campus for such purposes
as housing the Phase Two vocational programs if such programs can
thereby be more economically accommodated than with new facilities
as originally authorized in the 1973 Appropriation Phase Two." (1975
lst ex.s. c 141 § 2.)
288.50.020
Purpose.
Cooperation mandated between common school and community college districts: RCW 28C.04.070.
288.50.050 State board for community college education--Created--Members--Appointment-Terms--Qualifications-Per diem and mileageRemoval.
Vocational education, board duties relating to: Chapter 28C.04 RCW.
288.50.060 Director of the state system of community colleges--Appointment--Term--Qualifications--Salary and expenses--Duties.
Vocational education, directors duties relating to: Chapter 28C.04
RCW.
288.50.092 College board--Program for military
personnel--Restrictions as to high school completion
program.
Adult high school completion programs, authority to conduct: RCW
28C.04. I JO.
288.50.160 through 288.50.200 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
288.50.211 Decodified. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
.288.?~·220 Repealed. See Supplementary Table of
D1spos1t10n of Former RCW Sections, this volume.
288.50.221 through 288.50.246 Recodified. See Supplementary Table of Disposition of Former RCW Sections, this volume.
288.50.535 Community college may issue high school
diploma or certificate, limitation.
Adult high school completion programs, authority to conduct: RCW
28C. 04. II 0.
288.50.551 Leave provisions generally. The board of
trustees of each c?mmunity college. di~tri~t shall adopt
for each community college under its JUnsdiction written policies on granting leaves to employees of the district and those colleges, including but not limited to
Community College Act of 1967
leaves for attendance at official or private institutions
and conferences, sabbatical leaves for academic personnel, leaves for illness, injury, bereavement and emergencies, with such compensation as the board of
trustees may prescribe, except that the board shall grant
to all such persons leave with full compensation for illness, injury, bereavement and emergencies as follows:
(I) For persons under contract to be employed, or
otherwise employed, for at least three quarters, at least
fifteen days, commencing with the first day on which
work is to be performed;
(2) Such leave entitlement may be accumulated after
the first three-quarter period of employment at a minimum rate of five days per quarter for full time employees up to a maximum of one hundred eighty days, and
may be taken at any time;
(3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to Jaw, rule,
regulation or policy by persons presently employed by
community college districts and community colleges
shall be added to such leave accumulated under this
section;
(4) Except as otherwise provided in this section or
other law, accumulated leave under this section not
taken at the time such person retires or ceases to be
employed by community college districts or community
colleges shall not be compensable;
(5) Accumulated leave for illness, injury, bereavement
and emergencies under this section shall be transferred
from one community college district or community college to another, to the state board for community college education, to the state superintendent of public
instruction, to any educational service district, to any
school district, or to any other institutions of higher
learning of the state; and
(6) Leave accumulated by a person in a community
college district or community college prior to leaving
that district or college may, under the policy of the
board of trustees, be granted to such person when he
returns to the employment of that district or college.
[1975 lst ex.s. c 275 § 148; 1973 c 62 § 22; 1969 ex.s. c
283 § 7. Formerly RCW 28.85.551.]
Savings--Severability-1973 c 62: See notes following RCW
28B.10.200.
Severability-1969 ex.s. c 283: See note following RCW
28A.02.061.
28B.50.770 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
28B.50.851 Faculty tenure--Definitions. As used
in RCW 28B.50.850 through 28B.50.869:
(1) "Tenure" shall mean a faculty appointment for an
indefinite period of time which may be revoked only for
adequate cause and by due process;
(2) (a) "Faculty appointment", except as otherwise
provided in subsection (2)(b) below, shall mean full
time employment as a teacher, counselor, librarian or
other position for which the training, experience and
responsibilities are comparable as determined by the
28B.50.851
appointing authority, except administrative appointments; "faculty appointment" shall also mean department heads, division heads and administrators to the
extent that such department heads, division heads or
administrators have had or do have status as a teacher,
counselor, or librarian;
(b) "Faculty appointment" shall not mean special
faculty appointment as a teacher, counselor, librarian,
or other position as enumerated in subsection (2)(a) of
this section, when such employment results from special
funds provided to a community college district from
federal moneys or other special funds which other funds
are designated as "special funds" by the state board for
community college education: Provided, That such
"special funds'' so designated by the state board for
purposes of this section shall apply only to teachers,
counselors and librarians hired from grants and service
agreements and teachers, counselors and librarians
hired in nonformula positions. A special faculty appointment resulting from such special financing may be
terminated upon a reduction or elimination of funding
or a reduction or elimination of program: Provided further, That a "faculty appointee" holding a faculty appointment pursuant to subsections (1) or (2)(a) who has
been subsequently transferred to a position financed
from "special funds" pursuant to subsection (2)(b) and
who thereafter loses his position upon reduction or
elimination of such "special funding" shall be entitled
to be returned to his previous status as a faculty appointee pursuant to subsection (1) or (2)(a) depending
upon his status prior to the "special funding'' transfer.
Notwithstanding the fact that tenure shall not be
granted to anyone holding a special faculty appointment, the termination of any such faculty appointment
prior to the expiration of the term of such faculty
member's individual contract for any cause which is not
related to elimination or reduction of financing or the
elimination or reduction of program shall be considered
a termination for cause subject to the provisions of this
chapter;
(3) "Probationary faculty appointment" shall mean a
faculty app9intment for a designated period of time
which may be terminated without cause upon expiration of the probationer's terms of employment;
(4) "Probationer" shall mean an individual holding a
probationary faculty appointment;
(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by the appointing authority;
(6) ''Appointing authority" shall mean the board of
trustees of a community college district;
(7) "Review committee" shall mean a committee
composed of the probationer's faculty peers, a student
representative, and the administrative staff of the community college: Provided, That the majority of the
committee shall consist of the probationer's faculty
peers. [1975 lst ex.s. c 112 § l; 1974 ex.s. c 33 § l; 1970
ex.s. c 5 § 3; 1969 ex.s. c 283 § 33. Formerly RCW
28.85.851.]
Severability-1969 ex.s. c 283: See note following RCW
28A.02.06 l.
[1975 RCW Supp--p 287)
Chapter 28B.52
Title 288:
Higher Education
Chapter 28B.52
NEGOTIATIONS BY ACADEMIC
PERSONNEL--COMMUNITY COLLEGE
DISTRICTS
Sections
288.52.020 Definitions. (Effective January I, 1976.)
288.52.060 Commission-Fact-finding and mediation activities.
(Effective January I, 1976.)
288.52.080 Commission to adopt rules and regulations-Boards
may request commission services. (Effective January
1,1976.)
288.52.020 Definitions. (Effective January 1, 1976.)
As used in this chapter:
"Employee organization" means any organization
which includes as members the academic employees of
a community college district and which has as one of its
purposes the representation of the employees in their
employment relations with the community college
district.
"Academic employee" means any teacher, counselor,
librarian, or department head, who is employed by any
community college district, with the exception of the
chief administrative officer of, and any administrator in,
each community college district.
"Administrator" means any person employed either
full or part time by the community college district and
who performs administrative functions as at least fifty
percent or more of his assignments, and has responsibilities to hire, dismiss, or discipline other employees.
Administrators shall not be members of the bargaining
unit unless a majority of such administrators and a majority of the bargaining unit elect by secret ballot for
such inclusion pursuant to rules and regulations as
adopted in accordance with RCW 28B.52.080.
"Commission" means the public employment relations commission. [ 197 5 I st ex.s. c 296 § 12; 1973 I st
ex.s. c 205 § I ; 1971 ex.s. c 196 § 2.]
Severability--1973 1st ex.s. c 205: See note following RCW
288.52.020.
288.52.080 Commission to adopt rules and regulations--Boards may request commission services. (Effective January 1,1976.) The commission shall adopt
reasonable rules and regulations for the administration
of employer-employee relations under this chapter. The
boards may request the services of the commission to
assist in the conduction of certification elections as provided for in RCW 28B.52.030. [1975 1st ex.s. c 296 § 14;
1973 1st ex.s. c 205 § 5; 1971 ex.s. c 196 § 7.]
Effective date-1975 1st ex.s. c 296 § 14: See 1975 2nd ex.s. c 5 §
8, RCW 41.58.901.
Severability--1973 1st ex.s. c 205: See note following RCW
28B.52.020.
Chapter 28B.57
1975 COMMUNITY COLLEGE SPECIAL CAPITAL
PROJECTS BOND ACT
Sections
28B.57.0JO State general obligation bonds in lieu of general tuition
fee, limited obligation bonds--"Community college
capital projects" defined.
288.57.020 Amount of bonds authorized.
28B.57.030 Projects enumerated.
28B.57.040 Bond anticipation notes, authorized, payment--Form,
terms, conditions, sale and covenants of bonds and
notes.
28B.57.050 Disposition ofproceeds--1975 community college
capital construction account, created, use.
28B.57.060 Administration of proceeds from bonds and notes.
28B.57.070 1975 community college capital construction bond retirement fund---Created--Purpose.
288.57.080 Moneys to be transferred from community college account to state general fund--Limitation.
288.57.090 Bonds as legal investment for public funds.
28B.57.100 Prerequisite to bond issuance.
28B.52.060 Commission--Fact-finding and mediation activities. (Effective January 1, 1976.) The commission is authorized to conduct fact-finding and
mediation activities upon the consent of both parties as
a means of assisting in the settlement of unresolved
matters considered under this chapter.
In the event that any matter being jointly considered
by the employee organization and the board of trustees
of the community college district is not settled by the
means provided in this chapter, either party, twentyfour hours after serving written notice of its intended
action to the other party, may, request the assistance
and advice of the commission. [ 1975 I st ex.s. c 296 §
13; 1973 1st ex.s. c 205 § 3; 1971 ex.s. c 196 § 5.]
28B.57.010 State general obligation bonds in lieu of
general tuition fee, limited obligation bonds-"Community college capital projects'' defined. The legislature
has previously approved by its appropriation of funds
from time to time, certain capital projects for the state
community colleges, which appropriations were to be
funded primarily by the issuance of general tuition fee,
limited obligation bonds by the state board for community college education (hereinafter in this chapter called
the "college board"). In order that any future appropriations for such approved capital projects may be funded on terms most advantageous to the state, it is hereby
determined to be in the public interest to provide for
the issuance of state general obligation bonds, in lieu of
general tuition fee, limited obligation bonds.
For purposes of this chapter, "community college
capital projects'' means the construction, reconstruction, erection, equipping, maintenance, demolition and
major alteration of buildings and other capital assets
owned by the state board for community college education in the name of the state of Washington, and the
acquisition of sites, rights of way, easements, improvements or appurtenances in relation thereto. [1975 1st
ex.s. c 65 § l.]
Effective date-1975 1st ex.s. c 296 § 13: See 1975 2nd ex.s. c 5 §
8, RCW 41.58.901.
Appropriadon-1975 1st ex..s. c 65: "There is. hereby appropriated
to the state board for commumty college education for the biennium
Effective date-1975 1st ex.s. c 296 § 12: See 1975 2nd ex.s. c 5 §
8, RCW 41.58.901.
Severability--1973 1st ex.s. c 205: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s.
c 205 § 7.] This applies to RCW 288.52.020, 28B.52.030, 28B.52.035,
288.52.060, 288.52.080 and 28B.52.200.
Public employment relations commission: Chapter 41.58 RCW.
(1975 RCW Supp--p 2881
Community College Special Capital Projects
ending June 30, 1977, from the community college capita_! cons_truction account of the state general fund, the amount of nme m1lhon
dollars or so much thereof as may be necessary to carry out the purposes of sections I through IO of this act." [1975 !st ex.s. c 65 § 12.)
Severability--1975 1st ex.s. c 65: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 1st ex.s. c
65 § 13.)
The above annotations apply to RCW 288.57.010, 288.57.020,
288.57.030, 288.57.040, 288.57.050, 288.57.060, 288.57.070,
288.57.080, 288.57.090 and 288.57.100.
288.57.020 Amount of bonds authorized. For the
purpose of providing funds for carrying out the community college capital projects described in RCW
288.57.030, and to fund indebtedness and expenditures
heretofore incurred for such projects, the state finance
committee is hereby authorized to issue from time to
time general obligation bonds of the state of
Washington in the aggregate principal amount of nine
million dollars, or so much thereof as may be required
for such purposes, to be paid and discharged within
thirty years of the date or dates of issuance, in accordance with Article VIII, section I of the Constitution of
the state of Washington. [ 1975 I st ex.s. c 65 § 2.]
Appropriation--Severability-1975 1st ex.s. c 65: See notes following RCW 288.57.010.
288.57.030 Projects enumerated. The community
college capital projects referred to in RCW 288.57.020
are (1) at Walla Walla Community College, for construction of vocational facilities, Phase II, at a cost of
not more than two million two thousand three hundred
ninety-nine dollars and (2) at Seattle Central Community College, for remodeling of Edison South High
School, at a cost of not more than six million nine hundred ninety-seven thousand six hundred and one dollars, which projects were to be primarily funded, but
have not heretofore been sufficiently funded, from the
proceeds of general tuition fee, limited obligation bonds
issued by the college board. [1975 1st ex.s. c 65 § 3.]
Appropriation--Severability--1975 1st ex.s. c 65: See notes following RCW 288.57.010.
288.57.040 Bond anticipation notes, authorized, payment--Form, terms, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds or a
portion thereof, it may, pending the issuance thereof,
issue in the name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds as may be
required for the payment of principal and redemption
premium, if any, of and interest on such notes shall be
applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe the form, terms, conditions and covenants of the
bonds and/or the bond anticipation notes, the time or
times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall
pledge the full faith and credit of the state of
288.57.080
Washington and shall contain an unconditional promise
to pay the principal thereof and the interest thereon
when due. [1975 1st ex.s. c 65 § 4.]
Appropriation--Severability--1975 1st ex.s. c 65: See notes following RCW 288.57.010.
288.57.050 Disposition of proceeds--1975 community college capital construction account, created, use.
The proceeds from the sale of the bonds and/ or bond
anticipation notes authorized herein, together with all
grants, donations, transferred funds, and all other moneys which the state finance committee or t~e colle.ge
board may direct the state treasurer to deposit therein,
shall be deposited in the 1975 community college capital construction account, hereby created in the state
general fund. [1975 1st ex.s. c 65 § 5.]
Appropriation--Severability--1975 1st ex.s. c 65: See notes following RCW 288.57.010.
288.57.060 Administration of proceeds from bonds
and notes. All proceeds of the bonds authorized in this
chapter shall be administered by the college board exclusively for the purposes specified in this chapter and
for the payment of the expenses incurred in connection
with the sale and issuance of such bonds and bond anticipation notes. [1975 1st ex.s. c 65 § 6.]
Appropriation--Severability--1975 1st ex.s. c 65: See notes following RCW 288.57.010.
288.57.070 1975 community college capital construction bond retirement fund--Created--Purpose. The
1975 community college capital construction bond retirement fund is hereby created in the state treasury for
the purpose of the payment of principal of and interest
on the bonds authorized to be issued pursuant to this
chapter.
The state finance committee, on or before June 30 of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the
payment of the principal of and interest coming due on
such bonds. On Jul;y 1st of each such year the state
treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the
1975 community college capital construction bond retirement fund an amount equal to the amoun! certified
by the state finance committee. [1975 lst ex.s. c 65 § 7.]
Appropriation-Severability--1975 1st ex.s. c 65: See notes following RCW 288.57.010.
288.57.080 Moneys to be transferred from community college account to state general fund--Limitation.
On or before June 30 of each year, the college board
shall accumulate in the community college capital projects account from general tuition fees and other moneys deposited therein, an amount at least equal to the
amount required in the next succeeding twelve months
for the payment of principal of and interest on the
bonds issued pursuant to this chapter. On July 1st of
each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and deposit said sum in the state general fund:
Provided, That withdrawal of general tuition fees from
(1975 RCW Supp--p 2891
28B.57.080
Title 28B:
Higher Education
the community college capital projects account for deposit into the state general fund pursuant to the provisions of this section shall be made only after provision
has first been made for the payment in full of the principal of and interest on all outstanding general tuition
fee. limited obligation bonds of the college board coming due in the twelve months next succeeding July I of
each such year, and for any reserve account deposits
necessary for such outstanding bonds in the same period. [1975 !st ex.s. c 65 § 8.]
Appropriation-Severability-1975 1st ex.s. c 65: See notes following RCW 28B.57.010.
28B.57 .090 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations. [1975 1st ex.s. c 65 § 9.]
Appropriation-Severability-1975 1st ex.s. c 65: See notes following RCW 28B.57.010.
28B.57.100 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the
college board has certified to the state finance committee that its projected general tuition fee revenue shall be
adequate, based upon reasonable projections of student
enrollments, for the college board to meet the requirements of RCW 28B.57.080, during the life of the bonds
proposed to be issued. [1975 !st ex.s. c 65 § 10.]
Appropriation--Severability--1975 1st ex.s. c 65: See notes following RCW 28B.57.010.
Chapter 28B.58
1975 COMMUNITY COLLEGE GENERAL
CAPITAL PROJECTS BOND ACT
Sections
28B.58.010 State general obligation bonds in lieu of general tuition
fee, limited obligation bonds-"Community college
capital projects" defined--Consideration for minority contractors on projects so funded.
28B.58.020 Amount of bonds authorized.
28B.58.030 Bond anticipation notes, authorized, payment-Form,
term, conditions, sale and covenants of bonds and
notes.
28B.58.040 Disposition of proceeds from sale of bonds and notes.
28B.58.050 Administration of proceeds from bonds and notes.
28B.58.060 Payment of principal and interest on bonds.
28B.58.070 Moneys to be transferred from community college account to state general fund-Limitation.
28B.58.080 Bonds as legal investment for public funds.
28B.58.090 Prerequisite to bond issuance.
28B.58.010 State general obligation bonds in lieu of
general tuition fee, limited obligation bonds--"Community college capital projects" defined--Consideration for minority contractors on projects so funded. The
legislature has approved by its appropriation of funds
from time to time, capital projects for the state community colleges, which appropriations have been funded
primarily by the issuance of general tuition fee, limited
obligation bonds by the state board for community college education (hereinafter in this chapter called the
"college board"). In order that any future appropriations for such approved capital projects may be funded
(1975 RCW Supp--;> 2901
on terms most advantageous to the state, it is hereby
determined to be in the public interest to provide for
the issuance of state general obligation bonds, in lieu of
general tuition fee, limited obligation bonds.
For purposes of this chapter, "community college
capital projects'' means the construction, reconstruction, erection, equipping, maintenance, demolition and
major alteration of buildings and other capital assets
owned l:Sy the state board for community college education in the name of the state of Washington, and the
acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto. It is the intent of the legislature that in any decision to contract
for capital projects funded as the result of this chapter,
full and fair consideration shall be given to minority
contractors. [1975 1st ex.s. c 236 § I.]
Severability--1975 1st ex.s. c 236: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 !st ex.s. c
236 § 11.] This applies to RCW 28B.58.0IO, 28B.58.020, 28B.58.030,
28B.58.040, 28B.58.050, 28B.58.060, 28B.58.070, 28B.58.080 and
28B.58.090.
28B.58.020 Amount of bonds authorized. For the
purpose of financing the community college capital
projects as determined by the legislature in its capital
appropriations act, chapter 276, Laws of 1975 1st ex.
sess., the state finance committee is hereby authorized
to issue from time to time general obligation bonds of
the state of Washington in the aggregate principal
amount of fourteen million seven hundred seventy-six
thousand dollars, or so much thereof as may be required for such purposes, to be paid and discharged
within thirty years of the date or dates of issuance, in
accordance with Article VIII, section 1 of the Constitution of the state of Washington. [1975 1st ex.s. c 236 §
2.]
Severability--1975 1st ex.s. c 236: See note following RCW
28B.58.010.
288.58.030 Bond anticipation notes, authorized, payment--Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a
portion thereof, it may, pending the issuance thereof,
issue in the name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion ?f the proceeds of the sale of such bonds as may be
reqm~ed f?r the payment of principal and redemption
premmm, if any, of and interest on such notes shall be
applied thereto when such bonds are issued.
~he state finance committee is authorized to prescnbe the form, terms, conditions and covenants of the
bonds and/or the bond anticipation notes, the time or
times of sale of all or any portion of them, and the
conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall
pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise
to pay the principal thereof and the interest thereon
when due. [1975 1st ex.s. c 236 § 3.]
Council For Postsecondary Education
Severabllity-1975 1st ex.s. c 236: See note following RCW
288.58.010.
288.58.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to
RCW 28B.58.030, the proceeds from the sale of the
bonds and/or bond anticipation notes authorized in
this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee or the college board may direct the
state treasurer to deposit therein, shall be deposited in
the 1975 community college capital construction account in the state general fund. [1975 1st ex.s. c 236 §
4.]
Severability--1975 1st ex.s. c 236: See note following RCW
288.58.010.
1975 community college capital construction account, created, use:
RCW 288.57.050.
288.58.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds of the bonds authorized in this chapter shall be
administered by the college board exclusively for the
purposes specified in this chapter and for the payment
of the expenses incurred in connection with the sale and
issuance of such bonds and bond anticipation notes.
[1975 I st ex.s. c 236 § 5.]
Severability-1975 1st ex.s. c 236: See note following RCW
288.58.010.
288.58.060 Payment of principal and interest on
bonds. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used
for the purpose of the payment of principal of and interest on the bonds authorized to be issued pursuant to
this chapter.
The state finance committee, on or before June 30th
of each year, shall certify to the state treasurer the
amount required in the next succeeding twelve months
for the payment of the principal of and interest coming
due on such bonds. On July I st of each such year the
state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in
the 1975 community college capital construction bond
retirement fund, an amount equal to the amount certified by the state finance committee. [ 1975 I st ex.s. c 236
§ 6.]
Chapter 288.80
each such year, the state treasurer sha~l withd~aw said
sum from the community college capital projects account and deposit said sum in the state general fund:
Provided, That withdrawal of general tuition fees from
the community college capital projects accoun~ ~or deposit into the general fund pursuant to the_prov1s1ons of
this section shall be made only after prov1s10n has first
been made for the payment in full of the principal of
and interest on all outstanding general tuition fee, limited obligation bonds of the college board coming due
in the twelve months next succeeding July !st of each
such year, .and for any reserve account deposits ne~es­
sary for such outstanding bonds in the same penod.
[1975 1st ex.s. c 236 § 7.]
Severability--1975 1st ex.s. c 236: See note following RCW
288.58.010.
288.58.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations. [1975 1st ex.s. c 236 § 8.]
Severability--1975 1st ex.s. c 236: See note following RCW
288.58.010.
288.58.090 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the
college board has certified to the state finance committee that its projected general tuition fee revenue shall be
adequate, based upon reasonable projections of student
enrollments, for the college board to meet the requirements of RCW 28B.58.070, during the life of the bonds
proposed to be issued. [ 1975 I st ex.s. c 236 § 9.]
Severability--1975 1st ex.s. c 236: See note following RCW
288.58.010.
Chapter 288.80
COUNCIL FOR POSTSECONDARY EDUCATION
IN THE STATE OF WASHINGTON
(FORMERLY: COUNCIL ON HIGHER
EDUCATION IN THE STATE OF WASHINGTON)
Sections
288.80.010
288.80.020
288.80.030
288.80.040
Severability--1975 1st ex.s. c 236: See note following RCW
288.58.010.
1975 community college capital construction bond retirement
fund-Created-Purpose: RCW 28B.57.070.
288.80.060
288.80.080
288.58.070 Moneys to be transferred from community college account to state general fund--Limitation.
On or before June 30th of each year, the college board
shall accumulate in the community college capital projects account from general tuition fees and other moneys deposited therein, an amount at least equal to the
amount required in the next succeeding twelve months
for the payment of principal of and interest on the
bonds issued pursuant to this chapter. On July 1st of
28B.80.100
288.80.200
288.80.210
288.80.220
288.80.230
288.80.240
288.80.900
Council created.
Purpose.
Functions generally.
Members--Selection--Special duties of certain public officials as members.
Members--Terms.
Chairman-Bylaws-Executive coordinator of services--Deputy coordinators and other employees and
consultants-Expenditure of council funds,
limitation.
Reports.
Council as state commission for federal law purposes.
Council to administer enumerated federal programs.
Additional powers and duties of council.
Federal funds, private gifts or grants, council to
administer.
Student financial aid programs, council to administer.
Chapter not to affect other administrative official or
agency powers and duties.
Vocational education, council comments respecting state plan: RCW
28C.04.040.
(1975 RCW Supp---p 2911
288.80.010
Title 288:
Higher Education
288.80.010 Council created. There is hereby created
the council for postsecondary education in the state of
Washington. [1975 !st ex.s. c 132 § I; 1969 ex.s. c 277 §
I. Formerly RCW 28.89.010.]
Effective date-1975 1st ex.s. c 132: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health,
and safety. the support of the state government and its existing public
institutions. and shall take effect July I, 1975." (1975 1st ex.s. c 132 §
19.]
Severability--1975 1st ex.s. c 132: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1975 1st ex.s.
c 132 § 18.)
The above annotations apply to RCW 288.10.802, 288.10.840,
288.80.010, 288.80.020, 288.80.030, 288.80.040, 288.80.060, 288.80.080, 288.80.100, 288.80.200, 288.80.210, 288.80.220, 288.80.230,
288.80.240, 288.80.900, and the repeal of RCW 288.81.010, 288.81.020, 288.81.030, 288.81.040, 288.81.050, 288.81.060, 288.80.070,
288.81.080, 288.81.090 and 288.81.900.
28B.80.020 Purpose. The purpose of the council is
as follows: The four year educational institutions, under
the autonomous governance of their governing boards,
and operating within guidelines set by statute for particular institutions of higher education, have responded
to the many kinds of educational needs of the people of
a dynamic and growing state. They have evolved a wide
array of educational services of benefit to students enrolled in degree and certificate courses, to adults returning to educational institutions for various kinds of
continuing education needed to update skills and understandings in a changing world, and to government
agencies, business, labor professions, and associations.
The state has been well served by the delegation to the
institutions of a large measure of autonomy which has
enabled them to cooperate in achieving educational and
operating effectiveness. Opportunity for such institutional initiative and institutional voluntary cooperation
should be preserved and encouraged to the largest possible extent.
With the increase in the number of postsecondary institutions and in the scope, variety, and extent of education demanded of the institutions by the people of a
dynamic state and the evident need to maintain articulation and coordination among the parts of a more
complex system of postsecondary education, it is desirable to establish a council to facilitate planning for
postsecondary education.
To assure maximum effectiveness of the agency, its
deliberations should be participated in by representatives of the governor, the public, and the institutions,
agencies, and systems of public and private postsecondary education. [1975 !st ex.s. c 132 § 2; 1969 ex.s. c
277 § 2. Formerly RCW 28.89.020.]
Effective date-Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
28B.80.030 Functions generally. The council may
perform any of the following functions:
(I) Engage in overall planning for postsecondary education in the state, which shall include the collection
and analysis of necessary data from public, and where
(1975 RCW Supp--;> 292)
appropriate private institutions of postsecondary education. The purpose shall be to:
(a) Assess and define the educational needs of the
state to be served by postsecondary education;
(b) Recommend and coordinate studies to ascertain
how defined educational needs are being met;
(c) Study and make recommendations concerning
adult education, continuing education, public service
and postsecondary educational programs;
(d) Identify priorities among the defined needs and
specify the resources necessary to meet them;
(e) Differentiate roles of the community college system and the individual public institutions and identify
the most effective division of responsibility among them
in meeting defined needs. To facilitate this, review and
recommend the creation of all new degrees and recommend which institutions shall award them; and evaluate
proposals for the elimination of existing degrees. Identify changing conditions which may require the revision
of these roles and division of responsibility of the
institutions.
(2) In the execution of the above planning responsibilities, develop criteria for the need for new baccalaureate institutions; and recommend the establishment,
location and role of any new public baccalaureate
granting institutions, and review the plans for the community college system in terms of their articulation with
planning for postsecondary education in the state.
(3) Study levels of fees and charges to students and,
when necessary, make recommendations to the institutions, legislature, and governor.
(4) Study and make recommendations concerning
admission and transfer policies.
(5) Review individual institutional operating budget
requests to determine the conformity or lack thereof to
the state's postsecondary education plan: Provided,
That its review of community colleges be limited to the
plan prepared by the state board for community college
education.
(6) Review the individual institutional capital budget
requests to determine their conformity or lack thereof
to the state's postsecondary education plan: Provided,
That its review of community colleges be limited to the
plan prepared by the state board for community college
education.
(7) Study and make recommendations for the development of improved practices of administrative management in order to facilitate the most efficient
operation of the public institutions and the avoidance
of unnecessary duplication among the institutions.
(8) At the request of the governor, legislature, state
board for community college education, or baccalaureate granting institutions of higher education, and in
conjunction with such legislative standing committees
on higher education as may be in existence, study and
make recommendations regarding legislation affecting
postsecondary education. [1975 1st ex.s. c 132 § 3; 1969
ex.s. c 277 § 3. Formerly RCW 28.89.030.]
Effective date-Severability--1975 1st ex.s. c 132: See notes
following RCW 288.80.030.
288.80.080
Council For Postsecondary Education
288.80.040 Members--Selection--Special duties of certain public officials as members. The council
shall consist of members who are truly representative of
the public, including the minority community, and shall
be selected as follows:
Nine citizen members to be appointed by the governor and confirmed by the senate as representatives of
the public at large, one of whom shall be a full time
undergraduate student at the time of his or her appointment at a postsecondary educational institution;
the superintendent of public instruction; one member of
the executive branch of government appointed by the
governor; one president of the public universities and
four-year colleges of the state who is the chairman of
the council of presidents; the executive director of the
state board for community college education; the executive director of the commission for vocational education; one president of the state's private universities or
four-year colleges and one representative of postsecondary proprietary education, each appointed by the
governor.
It shall be the duty of the director of the state board
for community college education to represent not only
the state board for community college education, but
also all the community colleges in the state and their
respective governing boards and he is further directed
and charged to act as a liaison between the council and
the state board for community college education and
boards of trustees of the community college districts in
the state.
It shall be the duty of the superintendent of public
instruction to represent the common school system presenting such information to the council as may be of
assistance in the development of overall educational
plans and articulation between the common school and
postsecondary systems of education.
It shall be the duty of the executive director of the
commission for vocational education to represent vocational and technical education, presenting to the council
such information regarding the state plan for vocational
education and other data as may be of assistance in the
development of overall educational plans. [1975 1st ex.s.
c 132 § 4; 1969 ex.s. c 277 § 4. Formerly RCW
28.89.040.]
Effective date--Severability--1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
Initial appointment, time--Initial organization meeting, when:
"Initial appointment and selection of the council shall be made prior
to June 30, 1969 and the names and addresses of those members appointed other than by the governor shall be immediately transmitted
to his office. On July 15, 1969 the council shall meet to organize at a
place and time set by the governor who shall give reasonable notice
thereof to council members." (1969 ex.s. c 277 § 8.)
288.80.060 Members-Terms. Citizen members of
the council shall serve for terms of six years, said terms
expiring on June 30th of the sixth year of their term:
Provided, That the term of the student citizen member
shall not exceed three years and shall be coextensive
wit~ his or her tenure as a student except for summer
sess10ns.
The member of the council appointed by the governor from the executive branch of government shall
serve at the governor's pleasure.
The term of the superintendent of public instruction,
the executive director of the commission for vocational
education, and the executive director of the state board
for community college education shall be coextensive
with their tenure in those respective offices.
The president-representatives appointed by the
governor shall serve for a four year term, or until such
earlier date as each shall cease to be the president of the
institution or representative of a postsecondary group
from which he was appointed. [ 1975 l st ex.s. c 132 § 5;
1969 ex.s. c 277 § 6. Formerly RCW 28.89.060.]
Effective date--Severability--1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.080 Chairman--8ylaws--Executive coordinator of services--Deputy coordinators and other
employees and consultants--Expenditure of council
funds, limitation. By a majority vote of the citizen
members, the council shall select a chairman who shall
be a citizen member; and, the council shall adopt such
bylaws as it sees fit.
The council shall appoint an executive coordinator of
services who shall serve at the pleasure of the council.
The executive coordinator of services shall be the executive officer of the council and, under the council's supervision, shall administer the provisions of this
chapter. In addition, he shall be in charge of the office
of the council.
The council may employ and appoint such other assistants and employees as may be required. In addition,
the council may appoint deputy coordinators who shall
be assistant directors for the purpose of chapter 41.06
RCW, the state civil service act, and any individual filling such a position shall serve at the pleasure of the
council.
In fulfilling the duties under this chapter, the council
shall make extensive use of those state agencies with
responsibility for implementing and supporting postsecon~ary. education plans and policies, e.g., appropriate
legislative groups, the postsecondary education institutions, the office of program planning and fiscal management, and the state board for community college
education. Outside consulting and service agencies may
also be employed. The council may compensate these
groups and consultants in appropriate ways.
All council funds shall be expended subject to the
approval of the chairman. All matter related to payment of compensation and other expenses of the council shall be subject to the state budget and accounting
act. [ 1975 1st ex.s. c 132 § 6; 1969 ex.s. c 277 § 9. Formerly RCW 28.89.080.]
Effective date--Severability--1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
Budget and accounting system: Chapter 43.88 RCW.
Joint committee on higher education: Chapter 44.30 RCW.
State board for community college education: Chapter 28B.50 RCW.
(1975 RCW Supp--p 293)
288.80.100
Title 288:
288.80.100 Reports. The council shall from time to
time make reports both to the governor and the legislature. [1975 !st ex.s. c 132 § 8; 1969 ex.s. c 277 § 11.
Formerly RCW 28.89.100.]
Effective date--Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.200 Council as state commission for federal
law purposes. The council is designated as the state
commission as provided for in Section 1202 of the education amendments of 1972 (Public Law 92-318), as
now or hereafter amended; and shall perform such
functions as is necessary to comply with federal directives pertaining to the provisions of such law: Provided,
That notwithstanding the provisions of RCW 28B.80.050, all members of the council shall have full voting
powers in taking actions related to federal postsecondary educational planning functions as provided for in
this section and RCW 28B.80.210 through 28B.80.240.
[1975 1st ex.s. c 132 § 9.]
Effective date--Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.210 Council to administer enumerated federal
programs. The council shall administer the following
programs: Title IV-B and VI of the Higher Education
Act of 1965; Title I of the Higher Education Facilities
Act of 1963; and any other federal act pertaining to
higher education which is not administered by another
state agency. [1975 1st ex.s. c 132 § 12. Prior: 1969 ex.s.
c 263 § 3. Formerly RCW 28.90.120, 28B.81.030.]
Effective date--Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.220 Additional powers and duties of council.
The council shall:
(I) Prepare plans and participation as required by
Title VI of the Higher Education Act of 1965 and Title
I of the Higher Education Facilities Act of 1963. The
plan so prepared shall set forth objective standards and
methods, consistent with basic criteria prescribed by the
United States commissioner of education; for determining the relevant priorities; and the federal share of the
development cost of eligible projects for construction of
academic facilities and for the purchase of undergraduate instruction equipment submitted by institutions of
higher education in this state.
(2) Conduct surveys and studies as may be necessary
for the determination of the state participation in Title I
of the Higher Education Facilities Act and Title VI of
the Higher Education Act of 1965 and to this end may
cooperate with other agencies.
(3) Provide for affording to every applicant who has
submitted a project to the council an opportunity for a
fair hearing before the council as to the priority assigned to such project or as to any other determination
of the council adversely affecting such applicant.
(4) Provide for such fiscal control and fund accounting as may be necessary to assure proper disbursement
f1975 RCW Supp--p 2941
Higher Education
of an accounting for federal funds paid to the council
and for the making of such reports in such form and
containing such information as may be necessary to enable the commissioner of education to perform his
function. [ 1975 I st ex.s. c 132 § 13. Prior: 1969 ex.s. c
263 § 4. Formerly RCW 28.90.130, 28B.81.040.]
Effective date---Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.230 Federal funds, private gifts or grants,
council to administer. The council is authorized to receive and expend federal funds and any private gifts or
grants, such federal funds or private funds to be expended in accordance with the conditions contingent in
such grant thereof. [1975 1st ex.s. c 132 § 14. Prior:
1969 ex.s. c 263 § 5. Formerly RCW 28.90.140,
28B.8 l .050.]
Effective date---Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.240 Student financial aid programs, council to
administer. The council shall administer any state program or state-administered federal program of student
financial aid now or hereafter established. [ 1975 I st ex.s.
c 132 § 15. Prior: 1969 ex.s. c 263 § 7. Formerly RCW
28.90.160, 28B.8 l.070.]
Effective date---Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
288.80.900 Chapter not to affect other administrative
official or agency powers and duties. Nothing in this
chapter shall be deemed to derogate or detract from the
powers and duties conferred by law upon the separate
governing boards of the state's institutions of higher
learning, the state board for community college education, the superintendent of public instruction, or the
powers and duties of any other administrative agency.
[1975 !st ex.s. c 132 § 10; 1969 ex.s. c 277 § 14. Formerly RCW 28.89.900.]
Effective date---Severability-1975 1st ex.s. c 132: See notes
following RCW 288.80.010.
State board for community college education: Chapter 28B.50 RCW.
Chapter 288.81
COMMISSION ON HIGHER EDUCATION
Sections
288.81.010 through 288.81.090 Repealed.
288.81.150 Decodified.
288.81.900 Repealed.
288.81.010 through 288.81.090 Repealed. See Sup~
plementary Table of Disposition of Former RCW Sections, this volume.
1975 Vocational Education Act
288.81.150 Decodified. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
288.81.900 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Title 28C
VOCATIONAL EDUCATION
Chapters
28C.04 1975 Vocational education act.
Chapter 28C.04
1975 VOCATIONAL EDUCATION ACT
Sections
28C.04.0IO Purpose.
28C.04.020 Definitions.
28C.04.025 Uniform definition of terms used in vocational education title--Purpose.
28C.04.026 Uniform definition of terms used in vocational education title--Definitions.
28C.04.030 Commission--Established--Members, appointment,
terms, qualifications--Chairman--Quorum.
28C.04.040 Commission--Functions.
28C.04.0SO Commission--Reports and recommendations, scope.
28C.04.060 Commission--Rules and regulations, scope, review--Bylaws--Delegation of functions--Cooperation with superintendent of public instruction.
28C.04.070 Commission--Members, per diem and travel
expenses.
28C.04.080 Commission--Executive director and staff of.
28C.04.090 Commission--Preparation of state plan for vocational
education by, considerations--Allocation of funds,
standard.
28C.04.140 Fire service training.
28C.04.150 Cooperation mandated between common school and
community college districts--New programs, procedure--Adjudication when dispute.
28C.04.160 Adult high school completion programs, authority to
conduct.
28C.04.200 Acceptance of federal acts.
28C.04.2 I0 Custodian of special appropriations.
28C.04.220 Types of schools or classes.
28C.04.230 School district vocational education programs-Scope--Rules and regulations.
28C.04.240 Children of certain citizens missing in action or prisoners of war exempt from fees--Limitations-Procedure.
28C.04.300 State advisory council on vocational education--Created--Members-Qualifications--Appointment--Terms--Chairman--Meetings--Per
diem and expenses.
28C.04.3 IO State advisory council on vocational education-Powers and duties.
28C.04.SOO Coordinating council--Abolished--Transfer of responsibilities, personnel, property and equipment.
28C.04.S IO Coordinating council--Abolished--Transfer of
functions (including personnel, funds and equipment).
28C.04.010 Purpose. The purpose of this chapter is
to provide for a comprehensive planning process and a
decision making system for vocational education programs in the state of Washington and to establish administrative responsibility for the receipt and allocation
of federal vocational funds.
It is the intent of this chapter that whenever possible,
comprehensive and coordinated educational programs
shall be provided at the secondary and postsecondary
28C.04.020
education levels and such programs shall include therein vocational, occupational, and technical offerings,
both within the secondary and postsecondary education
systems. [1975 1st ex.s. c 174 § I.]
Effective date--1975 1st ex.s. c 174: "This amendatory act is
necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect July I, 1975." (1975 1st ex.s. c 174 §
19.]
Severability--1975 1st ex.s. c 174: "If any provision of this
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1975 1st ex.s.
c 174 § 20.]
The above annotations apply to RCW 28C.04.0IO, 28C.40.020,
28C.04.026, 28C.04.030, 28C.04.040, 28C.04.0SO, 28C.04.060, 28C.04.070, 28C.04.080, 28C.04.090, 28C.04. I SO, 28C.04. I60, 28C.04.230,
28C.04.3 IO, 28C.04.500 and 28C.04.5 IO, to the recodification of sections as RCW 28C.04.025, 28C.04.140, 28C.04.200, 28C.04.210, 28C.04.220, 28C.04.240, and 28C.04.300, and the repeal of RCW
28B.50.160, 28B.50.170, 28B.50.180, 28B.50.200, 28B.50.220 and
28B.50.770.
Reviser's note: In this and other sections of 1975 1st ex.s. c 174
both the phrase "this chapter" and "this amendatory act" were used
indiscriminately; for the purposes of codification the phrase "this
chapter" has been used throughout. For disposition of sections affected by 1975 1st ex.s. c 174 see annotations to 1975 act above.
28C.04.020 Definitions. As used in this chapter the
following definitions shall apply:
(1) "Commission" shall mean the commission for vocational education.
·
(2) "Secondary education system" shall mean those
educational courses and programs, within the jurisdiction of the superintendent of public instruction, being
offered in the common schools of the state of
Washington in the grades 7 through 12, or any part
thereof, which are traditionally provided for the purpose of granting a recognized certificate of completion
or a high school diploma: Provided, That notwithstanding the provisions of this chapter and RCW
28B.50.140(1), existing vocational-technical institutes
operating within the secondary school system shall continue to function within the common school system.
(3) "Postsecondary education system" shall mean
those educational courses and programs, not within the
jurisdiction of the superintendent of public instruction,
being offered beyond secondary education by institutions of higher education in the state of Washington to
those who hold a certificate of completion or high
school diploma which includes academic, vocational,
technical or professional training traditionally leading
to an associate, baccalaureate or higher degree or a
certificate of achievement.
(4) "Vocational education" shall mean a planned series of learning experiences, the specific objective of
which is to prepare persons to enter, continue in, or
upgrade themselves in gainful employment in recognized occupations, homemaking, home and family life
progran:is, and volunteer fire fighting training, which are
not designated as professional or requiring a baccalaureate or higher degree.
(5) "State plan" shall mean the Washington state
plan for vocational education, adopted as required by
(1975 RCW Supp--p 295)
28C.04.020
Title 28C:
Vocational Education
Public Law 88-210 as amended. and other federal congressional and administrative directives pertaining to
vocational education, and shall be the single comprehensive plan which provides approval standards for vocational education operated in or by community
colleges. common schools, area nongraded vocationaltechnical institutes, occupational skill centers, state institutions. private proprietary and parochial schools,
on-the-job training facilities or any other training location where local, state or federal vocational funds are
allocated: Provided, That standards of, rules and regulations for, and supervision of indentured apprenticeship in the apprenticeable crafts shall continue to be
governed by the director of labor and industries and the
state apprenticeship council in accordance with chapter
49.04 RCW.
(6) "Vocational-technical institute'' shall mean a
specialized area nongraded vocational education facility
established and operated for the purpose of offering
comprehensive courses primarily oriented to the job
market area in vocational education for persons sixteen
years of age and older without regard to residence, pursuant to laws and rules and regulations pertaining to
the maintenance, operation, and capital funding of vocational-technical institutes: Provided, That service areas for common school vocational-technical institutes
shall be defined specifically by the commission, recognizing areas traditionally served.
(7) "Advisory council" means the advisory council
for vocational education established within this state
pursuant to 20 USCA l244B. [1975 lst ex.s. c 174 § 2.]
Reviser's note: See note following RCW 28C.04.0IO.
Effective date--Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.010.
28C.04.025 Uniform definition of terms used in vocational education title---Purpose. It is the purpose of
RCW 28C.04.026 to provide for uniform definitions of
certain terms commonly used in vocational education in
order to facilitate ongoing studies and add clarity to the
future development of reporting and accounting procedures in this area of education. It will also improve coordination of services of vocational education being
delivered by different agencies. [1971 ex.s. c 285 § 3.
Formerly RCW 28A.09. l 10.]
28C.04.026 Uniform definition of terms used in vocational education title---Definitions. For the purposes
of this ti tie:
(1) The term "occupational exploration" shall include
prevocational education. The term "occupational exploration'' shall mean a series of educational experiences designed to (a) assist individuals in developing their
understanding of, appreciation for, aptitudes for, and
abilities in recognized occupations; (b) develop an attitude of respect toward work and pride in workmanship;
and (c) provide knowledge and experience to assist in
the choice of an occupational program.
(2) The terms "industrial arts" and "practical arts"
shall mean general education centered around the industrial and technical aspects of current living, offering
(1975 RCW Supp---p 296)
orientation in and appreciation for production'. consumption, and recreation through actual experiences
with materials and goods and also providing e~plorato­
ry experiences which are helpful in the choice of a
vocation.
(3) The term "job market area'' shall mean t~e geographic area for recruitment and placement of JOb entrants, usually determined by each industry or by a
collective bargaining agreement. [1975 lst ex.s. c 174 §
13; 1971 ex.s. c 285 § 4. Formerly 28A.09.120.]
Effective date--Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.0IO.
28C.04.030 Commission--Established--Members, appointment, terms, qualifications--Chairman--Quorum. There is hereby established a
commission for vocational education comprised of seven members, each of which shall be a voting member.
The chairman shall be a citizen member chosen by a
majority of its members pursuant to its bylaws. Five
citizen members shall be appointed by the governor and
confirmed by the state senate. The superintendent of
public instruction and the director of the state board for
community college education shall serve as the remaining two members. In making citizen member appointments initially, and subsequently thereafter, the
governor shall be cognizant of the desirability of appointing persons well versed regarding vocational and
occupational needs of management, labor, and
agriculture.
The initial citizen appointments shall be for periods
of one, two, three, four, and five years. Thereafter such
citizen members shall serve for terms of five years. No
citizen member shall be eligible to serve who is also a
member of a state or local educational agency, board,
council or commission, or who is employed by a common school or institution of higher education.
Four members shall constitute a quorum, and no action shall be taken by less than four affirmative votes.
[1975 1st ex.s. c 174 § 3.]
Effective date--Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.0IO.
28C.04.040 Commission--Functions. The commission for vocational education shall have the following
functions:
(1) Plan development. The commission shall be responsible for complying with federal directives to insure
the development and maintenance of a state plan for
vocational education but initial planning shall be accomplished by the secondary and postsecondary education systems. Prior to the adoption of the state plan, the
commission shall request comments from the council on
higher education and the advisory council for vocational education.
(2) State plan modification adjudication. Decisions
on new programs and/or facilities for vocational education shall be made internally within the respective
secondary or postsecondary education system in accordance with the provisions of the state plan. The
1975 Vocational Education Act
commission may review such decisions to insure compliance with the state plan and avoid unnecessary duplication of current or projected programs.
Any common school or community college district,
or the superintendent of public instruction, or the. state
board for community college education, or other mterested parties as authorized by the commission, shall be
afforded the opportunity to comment upon any new
programs or facilities proposed. The commission, subject to dispute resolution rules adopted by said commission, shall have the final determination on any
disputes arising out of such program proposals.
In adjudicating disputes between the two secondary
and postsecondary education systems regarding the
state plan, the commission will use at least the following
criteria: Recognition that secondary education is constitutionally the responsibility of the superintendent of
public instruction and that by legislative action postsecondary education is the responsibility of institutions
of higher education; adhere to the general policy set
forth in the state plan; consider the particular vocational need of the community, region, or state and
whether the common school or community college, or
both, can best respond to those needs; encourage cooperation and coordination rather than competition and
program conflict between secondary and postsecondary
education systems; consider the desires and preferences
of the residents of the immediate program service area
and of the representatives of the fields of management,
labor, and agriculture which benefit from possible program offerings; and avoid unnecessary duplication of
vocational education programs and facilities.
(3) Vocational education administration. The commission shall be the sole agency for the receipt and allocation of federal funds in accordance with the state
plan. The supervision of the state plan shall be carried
out by the commission; however, daily administration
of the state plan shall be primarily the responsibility of
the superintendent of public instruction and the state
board for community college education: Provided, That
the commission shall review and approve state plan development proposals or special programs requiring personal service contracts, and activities beyond the
program responsibilities of the superintendent of public
instruction and the state board for community college
education.
Under the state plan the commission shall make periodic compliance audits at least once a biennium of the
vocational education programs individually and jointly
conducted by the common schools and community colleges to insure compliance with the state plan.
The commission shall be the primary state liaison
with the federal government for the state plan for vocational education. [1975 1st ex.s. c 174 § 4.]
Effective date-Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.010.
Commission-Preparation of state plan for vocational education
by, considerations-Allocation of funds, standard: RCW
28C.04.090.
28C.04.070
28C.04.050 Commission--Reports and recommendations, scope. In addition to powers and duties under
RCW 28C.04.040, the commission shall make periodic
reports to the governor and the legislature. The initial
report shall be submitted, with the governor's comments, to the 1977 legislature by December 1, 1976 and
shall include, but not be limited to, review of and recommendations on the following: (I) Vocational education program modification, including common
informational data systems; (2) reorganization of the
administration of vocational education; (3) an appropriate level of expenditure for the state administra~ion
of vocational education programs; (4) appropnate
charges for vocational and adult education programs in
the secondary and postsecondary education systems;
and (5) provisions for personnel standards for vocational education instructors.
Such recommendations, to the greatest extent possible, shall comply with the intent of this chapter and be
consistent with federal requirements. [ 1975 1st ex.s. c
174§5.]
Reviser's note: See note following RCW 28C.04.0IO.
Effective date---Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.010.
28C.04.060 Commission--Rules and regulations,
scope, review--Bylaws--Delegation of functions--Cooperation with superintendent of public instruction. The commission is authorized to promulgate
such rules and regulations as are necessary to comply
with the intent of this chapter in accordance with chapter 34.04 RCW, the administrative procedure act, and
adopt such bylaws as deemed necessary to the business
of the commission. Existing rules and regulations of any
state agency relating to vocational education should be
considered amended in accordance with the intent of
this chapter. Initial rules and regulations of the commission, prior to their effective date, shall be submitted
to the respective rules committees of the senate and
house for review concurrently at such time as notice of
intent to adopt is filed. The commission is further authorized to take whatever action is necessary to insure
compliance with federal vocational education enactments and state legislative and administrative directives
concerning vocational education. The commission is
also authorized to delegate by commission resolution to
the executive director those functions it deems necessary to the operation of the commission.
The commission shall meet, consult and cooperate
with the office of the state superintendent of public instruction on all matters falling within his constitutional
supervisory powers in advance of exercising any of the
powers or duties granted to the commission by this
chapter. [1975 1st ex.s. c 174 § 6.]
Reviser's note: See note following RCW 28C.04.0l0.
Effective date-Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.0IO.
28C.04.070 Commission--Members, per diem and
travel expenses. Members of the commission will receive per diem in lieu of compensation, and travel expenses in accordance with standard rates for part time
11975 RCW Supp--p 2971
28C.04.070
Title 28C:
Vocational Education
hoards. councils. and comm1ss1ons as certified by the
state budget director. [ 1975 I st ex.s. c 174 § 8.]
Reviser's note: Central budget agency abolished, powers and duties
transferred to office of program planning and fiscal management,
RCW 43.41.940, 43.41.050.
Effective date---Severability-1975 1st ex.s. c 174: See notes
following RCW 28C.04.0IO.
28C.04.080 Commission--Executive director and
staff of. The commission may employ an executive director and such other personnel as may be necessary to
~arry out the pu:poses of this chapter. The commission
m a_ccordance with RCW 28C.04.040 shall keep its professional staff to the minimum number of persons necessary to fulfill its duties under this chapter and the
performance of such other administrative responsibilities as the legislature may provide. [1975 1st ex.s. c 174
§ 10.]
Reviser's note: See note following RCW 28C.04.0IO.
Effective date---Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.0IO.
28C.04.090 Commission--Preparation of state plan
for vocational education by, considerations--Allocation
of funds, standard. (I) The commission in preparing the
st~te plan for vocational education shall give consideration to the following:
(a) Vocational education for persons attending high
school;
(b) Vocational education for persons who have completed or left high school and who are available for full
time study in preparation for entering the labor market;
(c) Vocational education for persons (other than persons who are receiving training allowances under the
Manpower Development and Training Act of 1962,
~ubhc Law 87-415, the Area Redevelopment Act, Public Law 87-27, or the Trade Expansion Act of 1962,
Public Law 87-794 or any successor statutes thereto)
who have already entered the labor market and who
need training or retraining to achieve stability or advancement in employment;
(d) Vocational education for persons who have academic. socio-economic, or other handicaps that prevent
them from succeeding in the regular vocational education program;
( e) Construction of area vocational educational
school facilities, as authorized by the state board for
community colleges and the state board of education;
and
. (f) Ancill~ry services ~nd activities to assure quality
m all vocational education programs, such as teacher
training and supervision, program evaluation, special
demonstr~tions ~nd experi~ental programs, development of instructional materials, and state administration and leadership, including periodic evaluation of
state and local vocational education programs and
services. in the light of information regarding current
and projected manpower needs and job opportunities.
(2) In determining the allocation of funds, the commission shall comply with federal statute. [ 1975 1st ex.s.
c 174 § 14: 1969 ex.s. c 223 § 28B.50.230. Prior: 1967
ex.s. c 8 § 23. Formerly RCW 28.85.230, 28B.50.230.]
(1975 RCW Supp--p 298)
Effective date---Severability-1975 1st ex.s c 174: See notes
following RCW 28C.04.0IO.
Commission-Functions: RCW 28C.04.040.
Council as clearing house for technological programs under state plan
for vocatwnal educatwn: RCW 288.80.130.
28C.04.140 Fire service training. In addition to its
other powers and duties. the coordinating council shall
have the following powers and duties:
(I) Administer any legislation enacted by the legislature in pursuance of the aims and purposes of any acts
of congress insofar as the provisions thereof may apply
to the administration of fire service training;
(2) Establish and conduct fire service training
courses;
(3) Construct, equip, maintain and operate necessary
fire service training facilities: Provided, That the
board's authority to construct, equip and maintain such
facilities shall be subject to the provisions of chapter
43.19 RCW;
(4) Purchase, lease, rent or otherwise acquire real estate necessary to establish and operate fire service
training facilities in the manner provided by law;
(5) Cooperate with the common schools, the institutions of higher education, and any department or division. ~f the state _government or of any county or
~umc1pal c?rporat10n, in establishing and maintaining
mstructl<_l~ m fire service training in accordance with
the prov1s10ns of any act of congress and legislation enacted by the legislature in pursuance thereof, and in establishing, building and operating training facilities;
and
(6) Administer the funds provided by the federal
government, and by the state under the provisions of
any federal acts _and of the acts passed by the legislature
for the prom~ti.on of fire service training: Provided,
That the prov1s10ns of this section apply only to the
structural fire services and do not include those funds
now or hereafter used for the forest fire services and do
not include those funds now or hereafter used for the
forest fire services training programs. [ 1969 ex.s. c 98 §
I. Formerly RCW 28.85.221, 28B.50.221.]
Coordinating council-Abolished-Transfer of responsibilities
personnel, property and equipment: RCW 28C.04.500.
'
Co_ordinating council-Abolished-Transfer of functions (including personnel, funds and equipment): RCW 28C.04.510.
28C.04.150 Cooperation mandated between common
school and community college districts--New programs, proced~r~Adjudication when dispute. Common school d1st:1cts an? community college districts
shall coop~rate m offering vo_cational education programs, particularly when establishing specialized facility
support for such programs. Such cooperation shall also
extend to noncredit vocational courses in common
school community education programs and community
college_ co~munity service programs as the same are
authorized m RCW 28A.58.247 and 28B.50.020.
Except ~s provided for by the rules and regulations of
the comm1ss1on, (I) common school vocational-technical institutes shall not offer new or expanded vocational
program~ outside their traditional service areas; (2)
community colleges shall not offer new or expanded
1975 Vocational Education Act
vocational programs outside their college districts.
Common school vocational-technical institutes and
community colleges desiring to offer new or expanded
programs outside their respective service areas or community college districts shall provide reasonable notice,
as determined by the commission. to the common
school and community college districts affected thereby.
If such joint cooperation cannot be attained at the
local level the superintendent of public instruction and
the state board for community college education shall
attempt to resolve the matter. Matters unresolved shall
be referred to the commission for adjudication. [ 1975
!st ex.s. c 174 § 7.]
Effective date--Severability-1975 1st ex.s. c 174: See notes
following RCW 28C.04.0JO.
28C.04.160 Adult high school completion programs,
authority to conduct. The superintendent of public instruction may authorize common schools to contract
with community colleges to provide adult high school
completion programs if he determines that such programs effectively fulfill the purposes of secondary education: Provided, That except as subject to the action of
the superintendent of public instruction, adult high
school completion programs conducted by the community colleges as authorized by RCW 28B.50.092 or 28B.50.535 shall remain in the community colleges. [I 975
1st ex.s. c 174 §II.]
Effective date--Severability-1975 1st ex.s. c 174: See notes
following RCW 28C.04.0JO.
28C.04.200 Acceptance of federal acts. The state of
Washington hereby accepts all the provisions and benefits of an act passed by the senate and house of representatives of the United States of America in congress
assembled, entitled "An act to provide for the promotion of vocational education, to provide for cooperation
with the states in the promotion of such education in
agriculture and the trades and industries; to provide for
cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money
and regulate its expenditure", approved February 23,
1917; and of an act of congress entitled "An act to
provide for the further development of vocational education in the several states and territories'', approved
June 8, 1936, and the Vocational Education Act of 1946
and supplemental vocational education acts including
but not limited to Public Law 88-210. [1969 ex.s. c 223
§ 28A.09.070. Prior: 1967 ex.s. c 8 § 27; 1939 c 183 § l;
1919 c 160 § l; RRS § 4919. Formerly RCW 28.09.070,
28A.09.070.]
28C.04.210 Custodian of special appropriations. The
state treasurer is hereby designated and appointed custodia~ o'. all moneys received by the state from the appropna t10ns made by the said acts of congress as
provided for in RCW 28C.04.200 and is authorized to
receive and to provide for the proper custody of the
same and to make disbursements therefrom in the
manner provided in said acts and for the purposes
therein ~pecified. H~ shall also, upon the order of the
appropnate agency m accordance with the provisions of
28C.04.240
those state acts relating to the promotion of vocational
education, pay out any moneys appropriated by the
state of Washington for the purpose of carrying out the
provisions thereof relating to vocational education.
[1969 ex.s. c 223 § 28A.09.080. Prior: 1967 ex.s. c 8 §
28; 1919 c 160 § 2; RRS § 4920. Formerly RCW 28.09.080, 28A.09.080.]
28C.04.220 Types of schools or classes. For the purposes of this chapter, vocational schools or classes may
be established (I) as all day schools or classes giving
instruction in vocational subjects; (2) as part time
schools or classes giving instruction in vocational subjects; and (3) as evening school classes giving instruction supplemental to the daily employment. [1969 ex.s. c
223 § 28A.09.090. Prior: 1967 ex.s. c 8 § 29; 1919 c 160
§ 6; RRS § 4924. Formerly RCW 28.09.090,
28A.09.090.]
28C.04.230 School district vocational education programs--Scope--Rules and regulations. The state
board of education shall have the power to authorize
the school districts to offer vocational education programs in the elementary and secondary schools and the
state board shall adopt rules and regulations to implement such programs and shall also adopt such rules and
regulations for programs authorized by RCW 28A.58.245 and 28B.50. 770. [ 197 I ex.s. c 285 § I; 1969 ex.s. c
261 § 24; I 969 ex.s. c 223 § 288.50.240. Prior: 1967 ex.s.
c 8 § 24. Like section formerly RCW 28.85.240. Formerly RCW 28B.50.240, 28A.09.100.
28C.04.240 Children of certain citizens missing in
action or prisoners of war exempt from fees--Limitations-Procedure. Children of any person who was a
Washington domiciliary and who within the past eleven
years has been determined by the federal government to
be a prisoner of war or missing in action in Southeast
Asia, including Korea, or who shall become so hereafter, shall be admitted to any public vocational-technic~l school w~thin the state without the necessity of
paymg any registration fees or tuition therefor: Provided, however, That such child shall meet such other educational qualifications as such vocational-technical
s~hool shall deem reasonable and necessary under the
cir~umstances. Affected institutions shall in their preparation of future budgets include therein costs resultant
from such registration fee or tuition loss for reimbursement thereof from appropriations of state funds. Applicants for free tuition shall provide institutional
administrative personnel with documentation of their
rights under this section. [I 973 c 63 § 1; 1972 ex.s. c 17
§ I. Formerly RCW 28A.09.200.]
Effective d~t~l973 c 63: "This 1973 amendatory act is necessary for the 1mmed1ate preservation of the public peace, health and
sa_fet~, the support of the state government and its existing public institutions, and shall take effect immediately: Provided, That qualified
appl~cants under sect10ns 1 and 2 of this 1973 amendatory act shall be
admitted to such mst1tutions free of tuition and such fees commencing not later than the next succeeding quarter, semester or like educational period beginning after the effective date of this 1973
amendatory act.'' [1973 c 63 § 3.] This applies to RCW 28C.04.240
and 28B. 10.265. Because of the emergency clause above the effective
date of the 1973 act was March 8, 1973.
(1975 RCW Supp--p 299)
28C'.04.240
Title 28C:
Vocational Education
Elfecthe date-1972 ex.s. c 17: "This 1972 act is necessary for
the immediate preservation of the public peace. health and safety. the
support of the state government and its existing public institutions,
and shall take effect immediately: Provided, That qualified applicants
under sections 1 and 2 of this 1972 act shall be admitted to such institutions tuition-free commencing not later than the next succeeding
quarter. semester or like educational period beginning after the effective date of this 1972 act." (1972 ex.s. c 17 § 3.] This applies to RCW
28C.04.240 and 28B. l 0.265. Because of the emergency clause above
the effective date of the 1972 act was February 19, 1972.
28C.04.300 State advisory council on vocational education--Created--Members--Qualifications-Appointment--Terms--Chairman--Meetings-Per diem and expenses. (I) There is hereby created a
state advisory council on vocational education, hereinafter referred to as the "advisory council", consisting of
not less than thirteen members appointed by the governor, without regard to the civil service laws, for terms of
three years, except that in the case of the initial members. at least four shall be appointed for terms of one
year each and at least four shall be appointed for terms
of two years each, and appointments to fill vacancies
shall be only for such terms as remain unexpired. The
advisory council shall include persons who are:
(a) Familiar with the vocational needs and the problems of management and labor in the state, and a person or persons representing state industrial and
economic development agencies;
(b) Representative of community colleges and other
institutions of higher learning, area vocational schools,
technical institutes, and postsecondary or adult education agencies or institutions, which may provide programs Of vocational or technical education and
training;
(c) Familiar with the administration of state and local
vocational education programs, and a person or persons
having special knowledge, experience, or qualifications
with respect to vocational education and who are not
involved in the administration of state or local vocational education programs;
(d) Familiar with programs of technical and vocational education, including programs in comprehensive
secondary schools;
(e) Representative of local educational agencies. and
a person or persons who are representative of school
boards;
(f) Representative of manpower and vocational education agencies in the state, including a person or persons from the comprehensive area manpower planning
system of the state;
(g) Representing school systems with large concentrations of academically, socially, economically, and
culturally disadvantaged students;
(h) Possessed of special knowledge, experience, or
qualifications, with respect to the special educational
needs of physically or mentally handicapped persons;
and
(i) Representative of the general public, including a
person or persons representative of and knowledgeable
about the poor and disadvantaged, who are not qualified for membership under any of the preceding clauses
of this paragraph.
(1975 RCW Supp--p 300]
The advisory council shall meet at the call of the
chairman, who shall be selected by vote of the members. but not less than four times a year.
(2) Members of the advisory council shall receive no
compensation for their services thereon, but shall be reimbursed twenty-five dollars per diem for each day or
portion thereof spent in serving as a member of the advisory council and shall be paid their necessary traveling expenses while engaged in the business of the
advisory council as prescribed in chapter 43.03 RCW.
[ 1969 ex.s. c 283 § 52. Formerly RCW 28.85.245,
288.50.245.]
Severability--1969 ex.s. c 283: See note following RCW
28A.02.06 l.
28C.04.310 State advisory council on vocational education--Powers and duties. The advisory council
shall:
( 1) Advise the commission on vocational education
on the development of and policy matters arising in the
administration of the state plan for federally funded
vocational education pursuant to RCW 28C.04.090, including the preparation of long range and annual program plans therefor;
(2) Evaluate such vocational education programs,
services, and activities assisted under this title, and
publish and distribute the results thereof;
(3) Prepare and submit through the commission on
vocational education to the federal commissioner of education and to the national advisory council on vocational education an annual evaluation report,
accompanied by such additional comments of the commission as the commission deems appropriate, which (a)
evaluates the effectiveness of federally funded vocational education programs, services, and activities carried
out in the year under review in meeting the program
objectives set forth in the long range program plan and
the annual program plan, and (b) recommends such
changes in such programs, services, and activities as
may be warranted by the evaluations; and
(4) Obtain the services of an executive director and
confidential secretary to such director, both of whom
shall be exempt from the provisions of chapter 41.06
RCW, and such professional, technical, and clerical
personnel as may be deemed necessary to enable it to
carry out its functions under this section and to contract for such services as may be necessary to enable
them to carry out their evaluation functions. [1975 !st
ex.s. c 174 § 16; 1969 ex.s. c 283 § 53. Formerly RCW
28.85.246, 288.50.246.]
Effective date--Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.0IO.
. Reviser's note: Subsection (4) in session law language used "functions under this 1969 amendatory act" which has been translated
"functions under this section", there being no other functions for the
state advisory council on vocational education in 1969 ex.s. c 283.
Severability--1969 ex.s. c 283: See note following RCW
28A.02.06 l.
28C.04.500 Coordinating council--Abolished-Transfer of responsibilities, personnel, property and
equipment. The coordinating council for occupational
education is hereby abolished effective midnight June
Registration Transfers And Cancellations
30, 1975, and its education responsibilities, personn~l,
property and equipment are transferred to ~he com~1s­
sion for vocational education unless otherwise provided
for in this chapter. [1975 lst ex.s. c 174 § 9.]
Reviser's note: See note following RCW 28C.04.010.
Effective date--Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.010.
28C.04.510 Coordinating council--Abolished-Transfer of functions (including personnel, funds and
equipment). The governor is hereby authorized, with the
advice of the office of program planning and fiscal
management to determine to which of ~he _following
state agencies those functions of the coordmatmg council for occupational education not herein transferred to
the commission for vocational education shall be transferred: The council on higher education; the department of social and health services; the department of
labor and industries; the superintendent of public instruction; the state board for community colleges, or
any educational administrative agency created during
the forty-fourth legislative session. The governor has
the authority to transfer such personnel, funds, and
equipment to the agency he so determines as may be
necessary to carry out those functions. The governor
shall make a report to the legislature concerning such
determinations as he has made by December 1, 1975.
All remaining funds of the coordinating council not
disposed of or otherwise provided for in this chapter
shall remain within the jurisdiction of the commission.
[1975 lst ex.s. c 174 § 12.]
Reviser's note: (I) See note following RCW 28C.04.010.
(2) Phrase "functions of the coordinating council for occupational
education not herein transferred to the commission" means not
transferred in 1975 !st ex.s. c 174; for disposition of sections therein
see note following RCW 28C.04.010.
Effective date--Severability--1975 1st ex.s. c 174: See notes
following RCW 28C.04.010.
Title 29
ELECTIONS
Chapters
29.07 Registration of voters.
29.10 Registration transfers and cancellations.
29.13 Times for holding elections and primaries.
29.68 United States congressional elections.
29.80 Candidates' pamphlet.
29.85 Crimes and penalties.
Chapter 29.07
REGISTRATION OF VOTERS
Sections
29.07.092
New voter registration or transfer-Acknowledgment.
29.07.092 New voter registration or transfer--Acknowledgment. The county auditor shall acknowledge
each new voter registration or transfer by providing or
sending the voter a card identifying his current precinct
29.10.160
and containing such other information as may be prescribed by the secretary of state. [1975 1st ex.s. c 184 §
l; 1973 c 153 § 2.]
Severability--1975 1st ex.s. c 184: "If any provisio_n of this 197_5
amendatory act, or its application to any person_ or_ circumstance ~s
held invalid, the remainder of the act, or the apphcal!on of the provision to other persons or circumstances is not affected." (1975 1st ex.s.
c 184 § 5.1
Chapter 29.10
REGISTRATION TRANSFERS AND
CANCELLATIONS
Sections
29.10.020
29.10.160
Transfer from one address to another in same county--Authority--Request.
.
.
.
Transfer of registration due to address m precmct list of
registered voters differing from permanent records-Procedure.
29.10.020 Transfer from one address to another in
same county--Authority--Request. Any registered
voter who changes his residence from one address to
another within the same county, shall have his registration transferred to his new address by sending to the
county auditor a signed request stating his pr.esent address and precinct, and the address and prec~nct from
which he was last registered, or by appearmg m person
before him to have his registration transferred, and
signing such request, or in the manner provided by
RCW 29.10.160, as now or hereafter amended. [1975 1st
ex.s. c 184 § 2; 1971 ex.s. c 202 § 24; 1965 c 9 § 29.10.020. Prior: 1955 c 181 § 4; prior: 1933 c l § 14, part;
RRS § 5114-14, part; prior: 1919 c 163 § 9, part; 1915 c
16 § 9, part; 1889 p 417 § 12, part; RRS § 5129, part.]
Severability--1975 1st ex.s. c 184: See note following RCW
29.07.092.
Rural precinct defined: RCW 29.01.150.
29.10.160 Transfer of registration due to address in
precinct list of registered voters differing from permanent
records--Procedure. After each primary and after
each election, special or general, the county auditor
shall compare the voter registration record with the signature and address of each voter as it appears in the
precinct list of registered voters used at each such primary and each such election. If the address of any voter, as written by the voter, in the precinct list of
registered voters does not agree with the address of the
voter as stated on his permanent registration records,
the· registration officer shall enter the new address and
precinct name or number on the permanent registration
record and notify the voter, by mail, that his registration has been transferred in the manner provided by
RCW 29. 10.060 as now or hereafter amended: Provided, That if the voter believes that his registration record
should not be changed, he shall so notify the county
auditor who, in turn, shall promptly arrange for a hearing unless it is manifestly apparent that the voter's reasons are valid for keeping his record unchanged. If a
hearing is necessary, any ruling issued by the registration officer shall be final, subject only to a petition for
(1975 RCW Supp---p 3011
29.10.160
Title 29:
judicial review by the superior court under the provisions of chapter 34.04 RCW, as now or hereafter
amended. [ 1975 I st ex.s. c 184 § 3; 1971 ex.s. c 202 §
36: 1965 ex.s. c 156 § 8.]
Severability--1975 1st ex.s. c 184: See note following RCW
29.07.092.
Forms, secretary of state to design-Availability to public: RCW
29.10.150.
Chapter 29.13
TIMES FOR HOLDING ELECTIONS AND
PRIMARIES
Sections
29.13.010
29.13.047
State, county, city, town, and district general elections-State-wide general election-Exceptions-Special county elections.
State to assume share of election costs when state officers or measures voted upon-Procedure.
29.13.010 State, county, city, town, and district general elections--State-wide general election--Exceptions--Special county elections. All state, county,
city, town, and district general elections for the election
of federal, state, legislative, judicial, county, city, town,
district, and precinct officers, and for the submission to
the voters of the state of any measure for their adoption
and approval or rejection, shall be held on the first
Tuesday after the first Monday of November, in the
year in which they may be called. A state-wide general
election shall be held on the first Tuesday after the first
Monday of November of each year: Provided, That the
state-wide general election held in odd-numbered years
shall be limited to (1) city, town, and district general
elections as provided for in RCW 29.13.020, or as otherwise provided by law; (2) the election of federal officers for the remainder of any unexpired terms in the
membership of either branch of the congress of the
United States; (3) the election of state and county officers for the remainder of any unexpired terms of offices
created by [or] whose duties are described in Article II,
section 15, Article III, sections 16, 17, 19, 20, 21, 22 and
23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (4) the election of county
officers in any county governed by a charter containing
provisions calling for general county elections at this
time; and (5) the approval or rejection of state measures, including proposed constitutional amendments,
matters pertaining to any proposed constitutional convention, initiative measures and referendum measures
proposed by the electorate, referendum bills, and any
other matter provided by the legislature for submission
to the electorate: Provided further, That this section
shall not be construed as fixing the time for holding
primary elections, or elections for the recall of county,
city, town, or district officers: Provided however, That
the board of county commissioners may, if they deem
an emergency to exist, call a special county election at
any time by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. Such county special election shall be noticed
and conducted in the manner provided by law. [ 1975
2nd ex.s. c 3 § 1; 1973 2nd ex.s. c 36 § 1; 1973 c 4 § 1;
[1975 RCW Supir----JJ 302)
Elections
1965 c 123 § 2; 1965 c 9 § 29.13.010. Prior: 1955 c 151 §
l; prior: (i) 1923 c 53 § l; 1921 c 61 § I; RRS § 5143.
(ii) 1921 c 61 § 3; RRS § 5145.]
29.13.047 State to assume share of election costs
when state officers or measures voted upon--Procedure. Whenever state officers or measures are voted
upon at a state primary or general election held in an
odd-numbered year as provided for in RCW 29.13.010,
the state of Washington shall assume its prorated share
of such election costs. The county auditor shall apportion the state's share of such expenses when prorating
election costs as provided under RCW 29.04.020 and
29.13.045 and shall file such expense claims with the
state auditor. The state auditor shall compile such
claims for presentation to the next succeeding legislature in the same manner as other legislative relief
claims. [ 1975 2nd ex.s. c 4 § 1; 1973 c 4 § 2.]
Chapter 29.68
UNITED STATES CONGRESSIONAL ELECTIONS
Sections
29.68.070
Vacancy in senatorship--Filling.
29.68.070
Vacancy in senatorship--Filling.
Reviser's note: The proposed amendment to RCW 29.68.070 by
1975 !st ex.s. c 89 § 1 was subject to the approval of the electorate at
the November 4, 1975 election as Referendum Bill No. 35. As this
publication went to press, the unofficial election returns indicated that
the amendment had failed to gain such approval. The proposed
amendment read as follows:
"When a vacancy happens in the representation of this state in
the senate of the United States the governor shall make a temporary appointment until the people fill the vacancy by election at
the next ensuing general state election occurring during an evennumbered. year. Such temporary appointment shall be from a list
of three names submitted to the governor by the state central
committee of the same political party as the senator holding
office prior to the vacancy. A vacancy occurring after the first
day for filing specified in RCW 29.18.030 and prior to the general
state election shall be filled by election at the next ensuing general state election occurring during an even-numbered year."
[1975 !st ex.s. c 89 § I.]
Chapter 29 .80
CANDIDATES' PAMPHLET
Sections
29.80.010
Contents--Publication.
29.80.010 Contents-Publication. As soon as possible prior to each state general election at which feder:
al or state officials are to be elected, the secretary of
sta~e shall publish and mail to each individual place of
residence of the state a candidates' pamphlet containing
photographs and campaign statements of eligible nominees who desire to participate therein: Provided, That
in odd-numbered years no candidates' pamphlet shall
be published, unless an election is to be held to fill a
vacancy in one or more of the following state-wide
elective offices: United States senator, governor, lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner and justice of the supreme court. [ 1975 2nd
Officers, Employees, And Stockholders
ex.s. c 4 § 2; 1973 c 4 § 8; 1965 c 9 § 29.80.010. Prior:
1959 c 329 § 19.]
Chapter 29.85
CRIMES AND PENALTIES
Sections
29.85.270
29.85.280
Political advertising-Use of assumed nameCampaign advertising picture.
Political advertising-Campaign advertising picture-Penalty.
29.85.270 Political advertising--Use of assumed
name-Campaign advertising picture. All political advertising, whether relating to candidates or issues, however promulgated or disseminated, shall identify at least
one of the sponsors thereof if the advertising is sponsored by other than the candidate or candidates listed
thereon, by listing the name and address of the sponsor
or sponsors on the material or in connection with i~s
presentation. If a candidate or candidates run for partisan political office, they and their sponsors shall also
designate on all such political advertising clearly in
connection with each such candidate the party to which
each such candidate belongs. The person or persons
listed as sponsors of such advertising shall warrant its
truth. The use of an assumed name shall be unlawful.
At least one picture of the candidate used in any politi,
cal advertising shall have been taken within the last five
years and shall be no smaller than the largest picture of
the same candidate used in the same advertisement.
Whenever any corporation sponsors political advertising, the name and address of the president of the corporation shall be listed on the material or in connection
with its presentation. [1975 1st ex.s. c 162 §I; 1965 c 9
§ 29.85.270. Prior: 1959 c 112 § I; 1955 c 317 § l.]
Reviser's note: The above section was repealed by 1972 ex.s. c 98
which was referred to and ratified by the people at the November 7,
1972, general election (Referendum Bill No. 25). By contemporaneous
action of the electorate, section 50 of Initiative Measure No. 276
which was approved at the same election repealed 1972 ex. sess. c 98
and Referendum Bill No. 25 (See RCW 42.17.940). The attorney general has ruled that the purported repeal was ineffectual, see AGO
1973 No. 12.
Advertising rates for political candidates: RCW 65.16.095.
29.85.280 Political advertising--Campaign advertising picture-Penalty. Any violation of RCW 29.85.270 shall constitute a gross misdemeanor and shall be
subject to a fine of not more than one thousand dollars
or imprisonment for not more than one year, or both:
Provided, That a violation of the provisions of RCW
29.85.270 relating to campaign advertising pictures shall
constitute a misdemeanor and be punished accordingly.
[ 1975 I st ex.s. c 162 § 2; 1965 c 9 § 29.85.280. Prior:
1955 c 317 § 2.]
Title 30
BANKS AND TRUST COMPANIES
30.12.010
Chapters
30.12 Officers, employees, and stockholders.
30.20 Deposits.
30.42 Alien banks.
30.46 Supervisory direction--Conservatorship.
Chapter 30.12
OFFICERS, EMPLOYEES, AND STOCKHOLDERS
Sections
30.12.010
Directors-Election-Meeting-Stock-Vacancies-Oath.
30.12.010 Directors--Election--Meeting-Stock--Vacancies--Oath. Every bank and trust
company shall be managed by n~t less tha~ five directors, excepting that a bank havmg a capital of fifty
thousand dollars or less may have only three directors.
Directors shall be elected by the stockholders and hold
office for one year and until their successors are _elected
and have qualified. In the first instance the dtrectors
shall be those named in the articles of incorporation
and afterwards, those elected at the annual meeting of
the stockholders to be held at least once each year on a
day to be specified by the bank's or trust company's
bylaws but not later than May 15th of each year. If for
any cause no election is held at that time, it may be
held at an adjourned meeting or at a subsequent meeting called for that purpose in the manner prescribed by
the corporation's bylaws. The directors shall meet at
least once each month and whenever required by the
supervisor. A majority of the board of directors shall
constitute a quorum for the transaction of business. At
all stockholders' meetings, each share shall be entitled
to one vote. Any stockholder may vote in person or by
written proxy. Every director must own in his own right
shares of the capital stock of the bank or trust company
of which he is a director the aggregate par value of
which shall not be less than four hundred dollars, unless
the capital of the bank or trust company shall not exceed fifty thousand dollars, in which case he must own
in his own right shares of such capital stock the aggregate par value of which shall not be less than two hundred dollars. Any director who ceases to be the owner
of the required number of shares of the stock, or who
becomes in any other manner disqualified, shall thereby
vacate his place.
Immediately upon election, each director shall take,
subscribe, swear to, and file with the supervisor an oath
that he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of such corporation and will not knowingly violate or willingly
permit to be violated any provision of law applicable to
such corporation and that he is the beneficial owner in
good faith of the number of shares of stock required by
this section, and that the same is fully paid, is not hypothecated or in any way pledged as security for any
loan or debt. Vacancies in the board of directors shall
be filled by the board. [1975 c 35 § I; 1969 c 136 § 8;
1957 c 190 § l; 1955 c 33 § 30.12.010. Prior: 1947 c 129
§I; 1917 c 80 § 30; Rem. Supp. 1947 § 3237.]
(1975 RCW Supp--p 303)
Title 30:
Chapter 30.20
Banks and Trust Companies
Chapter 30.20
DEPOSITS
Sections
30.20.100
Payment to foreign executor or administrator-Form,
publication of notice of application by such executor
or administrator-Payment in lieu to domestic executor or administrator----Consent of department of
revenue.
30.20.100 Payment to foreign executor or administrator--Form, publication of notice of application by
such executor or administrator--Payment in lieu to
domestic executor or administrator--Consent of department of revenue. Upon the death of any person
having funds held by or on deposit with any stat~ or
national bank or trust company, or mutual savmgs
bank, or any bank under the supervision of the supervisor, such bank or trust company or mutual savings
bank may with full acquittance to it pay over the balance of such funds to the executor or administrator of
the estate of such deceased person appointed under the
laws of any other state or territory or country, after (1)
such foreign executor or administrator has caused a notice to be published substantially in the manner and
form herein provided for, in a newspaper of general
circulation in the county in which is located the office
or branch of the bank holding or having on deposit said
funds, or if none, then in a newspaper of general circulation in an adjoining county, at least once a week for
at least three successive weeks; (2) expiration of at least
ninety days after the date of first publication of such
notice; and (3) consent of the department of revenue to
such payment or receipt for payment of any inheritance
tax due has been received by such bank or trust company: Provided, That if an executor or administrat?r of
the estate of said deceased person shall be appomted
and qualify as such under the laws of this state and deliver a certified copy of his letters testamentary or of
administration or certificate of qualification to the office
or branch of such bank or trust company or mutual
savings bank holding or having on deposi~ such funds
prior to its transmitting the same to a foreig~ executor
or administrator, then such funds shall be paid to or to
the order of the executor or administrator of said estate
appointed and qualified i~ this ~tate. The ~otice herein
provided for may be published m substantially the following form:
In the Matter of the Estate of
____________________ , deceased
Notice is hereby given that the undersigned repres~n­
tative of the estate of said deceased person has applied
for transfer to the undersigned of funds of said deceased held or on deposit at the ___ - - - - - - - - - - - - office
of _______________ , the address of which is
_______________ ,in the state of Washington; and that
such transfer may be made after ninety days from first
publication o_f this not_ice unl~ss an executo~ or ad~i~­
istrator of said estate rs appomted and qualified wrthm
the state of Washington and said bank or trust company receives written notice thereof at its said. address
prior to transmittal of such funds to the undersigned.
(1975 RCW Supp--p 304)
Date of first publication:
- - - - - _______________ of said estate
Address: _______________ - - - - - - - Affidavit of the publisher of the publication of such notice filed with such bank, trust company or mutual savings bank shall be sufficient proof of such publication.
[1975 1st ex.s. c 278 § 19; 1961 c 280 § 5.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Same, as to mutual savings banks: RCW 32.12.110.
Chapter 30.42
ALIEN BANKS
Sections
30.42.110
30.42.120
30.42.160
Powers and activities.
Requirements for accepting deposits or transacting
business.
Powers as to real estate.
30.42.110 Powers and activities. An approved
branch of an alien bank may carry on only the following types of activities:
(1) Deposits.
(a) The branch may solicit, receive, or accept money
or its equivalent on deposit as a regular business from
the following customers:
(i) Corporations, partnerships, or other business organizations, the majority of the beneficial ownership of
which is owned by persons of a country other than the
United States and who are not residents of the United
States, and any subsidiary or affiliate owned or controlled by such an organization;
(ii) Corporations organized under the laws of a state
other than this state which have not obtained a certificate of authority to transact business in this state pursuant to chapter 23A.32 RCW;
(iii) Natural persons who are citizens of a country
other than the United States and are not residents of
the United States;
(iv) Any other person, if the deposit is to be transmitted abroad, or is to provide collateral or payments
for extensions of credit by the branch, or represents
proceeds of collections abroad which are to be used to
pay for goods exported or imported or for other direct
costs of export/import, or represents proceeds of the
extension of credit by the branch;
(v) The government of any foreign country and any
state, county, province, city or other political subdivision thereof:
(vi) Other banks;
(vii) Any other persons, provided that the aggregate
of deposits from such persons shall not exceed twenty
percent of the aggregate of deposits accepted pursuant
to this section.
(b) A branch may accept demand deposits, time deposits, and savings deposits from the customers specified in this section only upon the same terms and
conditions (including nature and extent of such deposits, withdrawal, and the payment of interest thereon)
that banks organized under the laws of this state and
Alien Banks
insured by the Federal Deposit Insurance Corporation
may accept such deposits. Such deposits shall be subject
to RCW 30.20.010 through 30.20.035, as now, or hereafter amended. The branch shall maintain reserves or
minimum available funds in this state for such deposits
to the same extent that reserves or minimum available
funds must be maintained by banks organized under
the laws of this state.
(2) Loans. A branch shall have the power to make
loans and guarantee obligations subject to the following
limitations:
(a) Customers. Loans or guarantees shall be restricted
to the following types of customers:
(i) Corporations, partnerships or other business organizations, the majority of the beneficial ownership of
which is owned by persons of a country other than the
United States and who are not residents of the United
States, and any subsidiary or affiliate owned or controlled by such an organization;
(ii) Corporations organized under the laws of a state
other than this state which have not obtained a certificate of authority to transact business in this state pursuant to chapter 23A.32 RCW;
(iii) Natural persons who are citizens of a country
other than the United States and are not residents of
the United States;
(iv) Persons engaged in the international movement
of goods and services; and
(v) Full time employees of the branch.
(b) Purpose. Loans and guarantees may be made only
for the following purposes:
(i) With respect to customers specified in subsection
(2)(a) (i), (ii), and (iii) of this section, for the financing
of the international movement of goods and services
and for all operational needs including working capital
and short-term operating needs and for the acquisition
of fixed assets.
(ii) With respect to customers specified in subsection
(2)(a)(iv) of this section, for the financing of the international movement of goods and services, and construction of facilities located and operations conducted
outside of this state.
(iii) With respect to customers specified in subsection
(2)(a)(v) of this section, for any lawful purpose.
(iv) Nothing herein shall permit a branch to make
consumer loans to individuals except to the branch's
own full time employees.
(c) Amount. A branch shall be subject to the same
loan limitations that apply to banks organized under
the laws of this state; however, the base for computing
the applicable loan limitation shall be the entire capital
and surplus of the alien bank. The supervisor may
adopt rules and r~gulations limiting the amount of
loans to full time employees of the branch.
(3) Other activities. A branch of an alien bank in this
state shall have the power to carry out these other
activities:
(a) Borrow funds from banks and other financial
ins ti tu tions;
(b) Buy and sell foreign exchange;
(c) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection
30.42.160
abroad and collect such instruments in the United
States for customers abroad;
(d) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(e) Act as paying agent for securities issued by foreign governments or other organizations organized under foreign law and not qualified under the laws of the
United States, or any state or the District of Columbia
to do business in the United States;
(f) In order to prevent loss on debts previously contracted a branch may acquire shares in a corporation:
Provided, That the shares are disposed of as soon as
practical but in no event later than two years from the
date of acquisition;
(g) Issue letters of credit and create acceptances;
(h) In addition to the powers and activities expressly
authorized by this section, a branch shall have the
power to carry on such additional activities which are
necessarily incidental to the activities expressly authorized by this section. [ 1975 1st ex.s. c 285 § 1; 1973 1st
ex.s. c 53 § 11.]
30.42.120 Requirements for accepting deposits or
transacting business. A branch shall not commence to
transact in this state the business of accepting deposits
or transact such business thereafter unless it has met the
following requirements:
(1) It has obtained federal deposit insurance corporation insurance covering its eligible deposit liabilities
within this state, or in lieu thereof, made arrangements
satisfactory to the supervisor for maintenance within
this state of additional capital equal to not less than ten
percent of its deposit liabilities, computed on the basis
of the average daily net deposit balances covering
semimonthly periods as prescribed by the supervisor
pursuant to RCW 30.04.090. Such additional capital
shall be deposited in the manner provided in RCW
30.42.070.
(2) It holds in this state currency, bonds, notes, debentures, drafts, bills of exchange, or other evidences of
indebtedness or other obligations payable in the United
States or in United States' funds or, with the approval
of the supervisor, in funds freely convertible into United States' funds, in an amount not less than one hundred eight percent of the aggregate amount of liabilities
of such alien bank payable at or through its office in
this state. When calculating the value of the assets so
held, credit shall be given for the amounts deposited
pursuant to RCW 30.42.060(3) and 30.42.120(1).
If deposits are not insured by the federal deposit insurance corporation, then that fact shall be disclosed to
all depositors pursuant to rules and regulations of the
supervisor. [1975 1st ex.s. c 285 § 2; 1973 1st ex.s. c 53 §
12.]
30.42.160 Powers as to real estate. An alien bank
may purchase, hold and convey real estate for the following purposes and no other:
(1) Such as shall be necessary for the convenient
transaction of its business, including with its banking
offices other apartments in the same building to rent as
(1975 RCW Sup~ 3051
30.42.160
Title 30:
Banks and Trust Companies
a source of income: Provided. That not to exceed thirty
percent of its capital and surplus and undivided profits
may ~e so invested without the approval of the
supervisor.
(2) Such as shall be purchased or conveyed to it in
satisfaction. or on account of. debts previously contracted in the course of business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens or mortgage foreclosures, against securities held by it.
(4) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(5) Such as shall be convenient for the residences of
its employees.
No real estate except that specified in subsections (I)
and (5) of this section may be carried as an asset on the
corporation's books for a longer period than five years
from the date title is acquired thereto, unless an extension of time be granted by the supervisor. [ 1975 1st ex.s.
c 285 § 3; 1973 1st ex.s. c 53 § 16.]
Chapter 30.46
SUPERVISORY DIRECTIONCONSERV ATORSHIP
Sections
30.46.010
30.46.020
30.46.030
30.46.040
30.46.050
30.46.060
30.46.070
30.46.080
30.46.090
30.46.100
Definitions.
Grounds for determining need for supervisory direction-Abatement of determination-Supervisory
direction, procedure-Conservator.
Supervisory direction-Appointment of representative
to supervise-Restrictions on operations.
Conservator-Appointment-Grounds-Powers,
duties and functions.
Costs as charge against bank's assets.
Request for review of action-Stay of action-Orders subject to review.
Suits against bank or conservator, where broughtSuits by conservator.
Duration of conservator's term-Rehabilitated
banks-Management.
Authority of supervisor.
Rules and regulations.
30.46.010 Definitions. For the purposes of this
chapter the following terms shall be defined as follows:
(I) "Unsafe condition" shall mean and include, but
not be limited to, any one or more of the following
circumstances:
(a) If a bank's capital is impaired or impairment of
capital is threatened;
(b) If a bank violates the provisions of Title 30 RCW
or any other law or regulation applicable to banks;
(c) If a bank conducts a fraudulent or questionable
practice in the conduct of its business that endangers
the bank's reputation or threatens its solvency;
(d) If a bank conducts its business in an unsafe or
unauthorized manner;
(e) If a bank violates any conditions of its charter or
any agreement entered with the supervisor; or
(f) If a bank fails to carry out any authorized order or
direction of the bank examiner or the supervisor.
(2) "Exceeded its powers" shall mean and include,
but not be limited to the following circumstances:
(1975 RCW Supp--p
3061
(a) If a bank has refused to permit examination of its
books, papers. accounts, records, or affairs by the supervisor, his deputy or duly commissioned examiners;
or
(b) If a bank has neglected or refused to observe an
order of the supervisor to make good, within the time
prescribed, any impairment of its capital.
(3) "Consent" includes and means a written agreement by the bank to either supervisory direction or
conservatorship under this chapter. [1975 1st ex.s. c 87 §
I.]
30.46.020 Grounds for determining need for supervisory direction--Abatement of determination--Supervisory direction, procedure-Conservator. If upon
examination or at any other time it appears to the supervisor that any bank is in an unsafe condition and its
condition is such as to render the continuance of its
business hazardous to the public or to its depositors and
creditors, or if such bank appears to have exceeded its
powers or has failed to comply with the law, or if such
bank gives its consent, then the supervisor shall upon
his determination (I) notify the bank of his determination, and (2) furnish to the bank a written list of the
supervisor requirements to abate his determination, and
(3) if the supervisor makes further determination to directly supervise, he shall notify the bank that it is under
the supervisory direction of the supervisor and that the
supervisor is invoking the provisions of this chapter. If
placed under supervisory direction the bank shall comply with the lawful requirements of the supervisor within such time as provided in the notice of the supervisor,
subject however, to the provisions of this chapter. If the
bank fails to comply within such time the supervisor
may appoint a conservator as hereafter provided. [ 1975
!st ex.s. c 87 § 2.]
30.46.030 Supervisory direction--Appointment of
representative to supervise--Restrictions on operations. During the period of supervisory direction the supervisor may appoint a representative to supervise such
bank and may provide that the bank may not do any of
the following during the period of supervisory direction,
without the prior approval of the supervisor or the appointed representative.
(1) Dispose of, convey or encumber any of the assets;
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property; or
(6) Incur any debt, obligation, or liability. [1975 1st
ex.s. c 87 § 3.]
30.46.040
Conservator--Appointment-Grounds--Powers, duties and functions. After the period of supervisory direction specified by the supervisor
for compliance, if he determines that such bank has
failed to comply with the lawful requirements imposed,
upon due notice and hearing or by consent of the bank,
the supervisor may appoint a conservator, who shall
immediately take charge of such bank and all of its
property, books, records, and effects. The conservator
31.08.175
Small Loan Companies
shall conduct the business of the bank and take such
steps toward the removal of the causes and conditions
which have necessitated such order, as the supervisor
may direct. During the pendency of the conservatorship
the conservator shall make such reports to the supervisor from time to time as may be required by the supervisor, and shall be empowered to take all necessary
measures to preserve, protect, and recover any assets or
property of such bank, including claims .or causes of
actions belonging to or which may be asserted by such
bank, and to deal with the same in his own name as
conservator, and shall be empowered to file, prosecute,
and defend any suit and suits which have been filed or
which may thereafter be filed by or against such bank
which are deemed by the conservator to be necessary to
protect all of the interested parties for a property affected thereby. The supervisor, or any newly appointed
deputy, may be appointed to serve as conservator. If
the supervisor, however, is satisfied that such bank is
not in condition to continue business in the interest of
its depositors or creditors under the conservator as
above provided, the supervisor may proceed with appropriate remedies provided by other provisions of this
title. [1975 !st ex.s. c 87 § 4.]
30.46.050 Costs as charge against bank's assets. All
costs incident to supervisory direction and the conservatorship shall be fixed and determined by the supervisor and shall be a charge against the assets of the bank
to be allowed and paid as the supervisor may determine. [1975 1st ex.s. c 87 § 5.]
30.46.060 Request for review of action--Stay of
action--Orders subject to review. During the period
of the supervisory direction and during the period of
conservatorship, the bank may request the supervisor to
review an action taken or proposed to be taken by the
representative or conservator; specifying wherein the
action complained of is believed not to be in the best
interest of the bank, and such request shall stay the action specified pending review of such action by the supervisor. Any order entered by the supervisor
appointing a representative and providing that the bank
shall not do certain acts as provided in RCW 30.46.030
and 30.46.040, any order entered by the supervisor appointing a conservator, and any order by the supervisor
following the review of an action of the representative
or conservator as herein above provided shall be subject
to review in accordance with the administrative procedure act of the state of Washington. [1975 !st ex.s. c 87
or property of such bank including claims or causes of
action belonging to or which may be asserted by such
bank. [ 1975 I st ex.s. c 87 § 7.]
30.46.080 Duration of conservator's term--Rehabilitated banks--Management. The conservator shall
serve for such time as is necessary to accomplish the
purposes of the conservatorship as intended by this
chapter. If rehabilitated, the rehabilitated bank shall be
returned to management or new managements under
such conditions as are reasonable and necessary to prevent recurrence of the condition which occasioned the
conservatorship. [ 1975 I st ex.s. c 87 § 8.]
30.46.090 Authority of supervisor. If the supervisor
determines to act under authority of this chapter, the
sequence of his acts and proceedings shall be as set
forth in this chapter. However, it is the purpose and
substance of this chapter to authorize administrative
discretion--to allow the supervisor administrative
discretion in the event of unsound banking operations--and in furtherance of that purpose the supervisor is hereby authorized to proceed with regulation
either under this chapter or under any other applicable
provisions of law or under this chapter in connection
with other law, either as such law is now existing or is
hereinafter enacted, and it is so provided. [ 1975 I st ex.s.
c 87 § 9.]
30.46.100 Rules and regulations. The supervisor is
empowered to adopt and promulgate such reasonable
rules and regulations as may be necessary for the implementation of this chapter and its purposes. [1975 1st
ex.s. c 87 § IO.]
Title 31
MISCELLANEOUS LOAN AGENCIES
Chapters
31.08 Small loan companies.
31.12 Credit unions.
31.12A Credit union share guaranty association act of
1975.
Chapter 31.08
SMALL LOAN COMPANIES
§ 6.]
Sections
31.08.175
30.46.070 Suits against bank or conservator, where
brought--Suits by conservator. Any suit filed against
a bank or its conservator, after the entrance of an order
by the supervisor placing such bank in conservatorship
and while such order is in effect, shall be brought in the
superior court of Thurston county and not elsewhere.
The conservator appointed hereunder for such bank
may file suit in any superior court or other court of
competent jurisdiction against any person for the purpose of preserving, protecting, or recovering any asset
31.08.175 Insurance in connection with loans. (1) No
licensee shall require the purchasing of property insurance /from the licensee or any employee, affiliate, or
associate of the licensee or from any agent, broker, or
insurance company designated by the licensee as a condition precedent to the making of a loan nor shall any
licensee decline existing insurance which meets or exceeds the standards set forth in this section.
The licensee may require a borrower to insure tangible property offered as security for a loan hereunder
Insurance in connection with loans.
(1975 RCW Supp--p 307)
31.08.175
Title 31:
Miscellaneous Loan Agencies
against any substantial risk of loss. damage. or destruction for an amount not to exceed the reasonable value
of the property insured or the amount of the loan and
for the customary term approximating the term of the
loan contract: Provided. That no licensee hereunder
may require such insurance on loans in an amount less
than three hundred dollars. It shall be optional with the
borrower to obtain such insurance in an amount greater
than the amount of the loan or for a longer term. The
premium for such insurance shall not exceed that fixed
by current applicable manual of a recognized standard
insurance rating bureau and such insurance shall be
written by or through a duly licensed insurance agent or
broker.
(2) A licensee may insure the life of one borrower,
but only one of them if there are two or more obligors,
for the unpaid principal balance scheduled to be outstanding; and regardless of the the premium paid by the
licensee. the licensee may charge not more than sixty
cents per one hundred dollars per year computed on the
original principal amount of the loan, excluding charges
for the loan, when the loan contract requires substantially equal and consecutive monthly installments of
principal and charges combined, and such charge may
be in the same proportions for different payment
schedules, maturities, and principal amounts: Provided,
however. That if both husband and wife sign an obligation to repay the loan, each may be an insured borrower hereunder and a single identifiable insurance charge
may be made by the licensee for the two jointly under a
plan whereby both lives are insured but a death benefit
is paid only upon the death of the spouse dying first.
For such joint spouse coverage, the licensee may charge
not more than one dollar per one hundred dollars per
year computed on the same basis as herein prescribed
for life insurance on one borrower. Such charge may be
deducted from the principal of the loan when the loan
is made. Only one such charge may be made in connection with any loan contract irrespective of the number of obligors, and only one obligor need be insured. If
the insured obligor dies during the term of the loan
contract, the insurance must pay the principal balance
of the loan outstanding on the day of his death without
any exception or reservation. The insurance shall be in
force as soon as the loan is made. If the loan contract is
prepaid in full by cash, a new loan, renewal, refinancing, or otherwise, a portion of such life insuranc~ char~e
shall be rebated according to the method estabhshed m
paragraphs (a) and (b) of subsection (3) of RCW 31.0~­
.160. When charges for the loan are precomputed m
accordance with subsection (3) of RCW 31.08.160, any
required rebate and any permitted deferment charge
may be computed on the combined total of the precomputed charge and the life insurance charge.
(3) If a borrower procures any insurance by or
through a licensee, the statement required by RCW 31.08.170 shall disclose the cost to the borrower and the
type of insurance, and the licensee shall c~use to .be
delivered to the borrower a copy of the pohcy, certificate. or other evidence thereof within a reasonable time.
~otwithstanding any other provision of this chapter,
any gain or advantage in any form whatsoever to the
f1975 RCW Supp--p 3081
licensee or to any employee, affiliate, or associate of the
licensee from any insurance or its sale or provision shall
not be deemed to be additional or further interest, consideration, charges, or fee in connection with such loan.
Nothing in this section shall be deemed to alter.
amend or repeal any provision of the insurance code.
No insurance shall be required, requested, sold. or
offered for sale in connection with any loan made under
this chapter, except as and to the extent authorized by
this section. [1975 1st ex.s. c 266 § l; 1959 c 212 § 11.]
Severability--1975 1st ex.s. c 266: "If any provision of this 1975
amendatory act, or its application to any person. or. circumstance is
held invalid, the remainder of the act, or the apphcat10n of the provision to other persons or circumstances is not affected." [1975 I st ex.s.
c 266 § 21.]
Chapter 31.12
CREDIT UNIONS
Sections
31.12.190
31.12.200
31.12.210
31.12.240
31.12.260
31.12.270
31.12.280
31.12.310
31.12.901
Powers and duties of directors.
Auditing committee-Elections--Terms-Powers
and duties.
Compensation of directors and treasurer-Loans to
directors.
Credit committee-Powers and duties.
Funds to be loaned, surplus to be deposited or invested-Banking prohibited.
Classes of loans-Preference-Term.
Limits and conditions of personal loans.
Dividends.
Severability-1975 !st ex.s. c 222.
31.12.190 Powers and duties of directors. The board
shall have the general direction of the affairs of the
corporation and shall meet as often as may be necessary, but not less than once in each month. It shall act
upon all applications for membership and upon the expulsion of members, except that a membership officer
may be authorized by the board to approve applications
for membership under such conditions as the board
may prescribe which are consistent with the provisions
of this chapter, and such membership officers so authorized shall submit to the board at each monthly
meeting a list of approved or pending applications for
membership received since the previous monthly meeting, together with such other related information as the
bylaws or the board may require. The board shall determine the rate of interest on loans subject to the limitations herein, determine the rate of interest to be paid
on deposits, which shall not be greater than one-half of
one percent less than the rate at which dividends have
been declared during the immediately preceding period,
determine the types of security which shall be acceptable on loans subject to the limitations herein, and fill
vacancies in the board and in such committees for
which provision as to filling of vacancies is not made
herein, until the next election. The board shall make
recommendations to the members relative to matters
upon which it deems the members should act at any
regular or special meeting. The board from time to time
shall set the amount of shares and deposits which any
one member may hold in the credit union, and set the
amount which may be loaned, secured or unsecured, to
Credit Unions
any one member, all subject to the limitations contained in this chapter. At each annual, semiannual, or
quarterly period the board may declare a dividend from
net earnings, which shall be paid on all shares outstanding at the time of declaration, and which may be
paid to members on shares withdrawn during the period. Shares which become paid up during the year shall
be entitled to a proportional part of the dividend calculated from the first day of the month following such
payment in full: Provided, That the board may compute such full shares if purchased on or before the tenth
day of any month, as of the first day of the month, and
from the date of deposit to date of withdrawal. The
board may borrow money in behalf of the credit union,
for the purpose of making loans, and the payment of
debts or withdrawals. The aggregate amount of such
loans shall not exceed thirty-three and one-third percent of the credit union's paid-in and unimpaired capital and surplus except with the approval of the
supervisor. It may, by a two-thirds vote, remove from
office any officer for cause; or suspend any member of
the board, credit committee, investment committee, or
audit committee, for cause, until the next membership
meeting, which meeting shall be held within fifteen days
of the suspension, and at which meeting the suspension
shall be acted upon by the members. The board shall
make a written report to the members at each annual
meeting. (1975 1st ex.s. c 222 § I; 1973 1st ex.s. c 8 § 5;
1969 c 65 § 3; 1967 c 180 § 7; 1959 c 138 § 3; 1957 c 23
§ 5; 1953 c 48 § 4; 1943 c 131 § 12; 1933 c 173 § 15;
Rem. Supp. 1943 § 3923-15.]
Prior transactions: See note following RCW 31.08.200.
Severability-1967 c 180: See note following RCW 31.08.200.
31.12.200 Auditing committee--Elections-Terms--Powers and duties. An auditing committee of
not less than three members shall be elected at the annual meeting of the credit union and shall hold office
for a term of three years, unless sooner removed as
herein provided, or until their successors commence the
performance of their duties. The auditing committee
shall be divided into classes so that an equal number as
nearly as may be shall be elected each year. If a member of the auditing committee ceases to be a member of
the credit union, his office shall thereupon become
vacant.
The auditing committee shall keep fully informed at
all times as to the financial condition of the credit union; examine carefully the cash and accounts semiannually; make a thorough audit of the books, including
income and expense, semiannually; report to the board
its findings, together with its recommendations; under
regulations prescribed by the supervisor, cause to be
verified the passbooks of the credit union, according to
such regulations; hold meetings at least semiannually
and keep records thereof; and make an annual report at
the annual meeting.
By unanimous vote the auditing committee may suspend an officer of the corporation or a member of the
credit committee or of the board until the next members' meeting, which meeting shall be held within fifteen
31.12.260
days of the suspension, and at which meeting the suspension shall be acted upon by the members. By a majority vote of the auditing committee _it may c~ll a
special meeting of the members to consider any ~10la­
tion of this chapter or of the bylaws, or any practice of
the credit union deemed by the committee to be unsafe
or unauthorized. The auditing committee shall fill vacancies in its own membership until successors are
elected. It shall also call a special meeting of the membership upon the request of the supervisor. [ 1975 I st
ex.s. c 222 § 2; 1969 c 65 § 4; 1959 c 138 § 4; 1953 c 48
§ 5; 1943 c 131 § 13; 1933 c 173 § 16; Rem. Supp. 1943
§ 3923-16.]
31.12.210 Compensation of directors and treasurer--Loans to directors. No director shall receive compensation for his services as such or as a member of a
committee. Loans to directors and committee persons
shall be under at least the same conditions and terms as
required of the general membership of the credit union.
The treasurer elected by the board may receive such
compensation as the board may authorize. [1975 1st
ex.s. c 222 § 3; 1973 1st ex.s. c 8 § 6; 1957 c 23 § 6;
1943 c 131 § 14; 1933 c 173 § 17; Rem. Supp. 1943 §
3923-17.]
31.12.240 Credit committee--Powers and duties.
The credit committee shall hold meetings at least once a
month; act on all applications for loans; and approve in
writing all loans granted and any security pledged
therefor.
No loans shall be made unless all the members of the
credit committee who are present when the application
is considered, which number shall constitute at least
two-thirds of the members of the committee, approve
such loan, except as provided in RCW 31.12.245. The
credit committee may be established in such numbers
and at such places as is necessary to serve member
needs, with a minimum of two members needed for
loan approval: Provided, That such extension of service
is approved by the supervisor. No loan shall be granted
unless it promises to be of benefit to the borrower. A
borrower shall have not less than one fully paid share.
(1975 lst ex.s. c 222 § 4; 1973 lst ex.s. c 8 § 8; 1969 c 65
§ 6; 1957 c 23 § 7; 1943 c 131 § 17; 1933 c 173 § 21;
Rem. Supp. 1943 § 3923-21.]
31.12.260 Funds to be loaned, surplus to be deposited
or invested-Banking prohibited. The capital, deposits, and surplus of a credit union shall be invested in
loans to members, with the approval of the credit committee or the loan officer where permitted herein, and
also when required herein, of the board of directors or
of the investment committee. Any capital, deposits, or
surplus funds in excess of the amount for which loans
may be approved, may be deposited or invested:
(a) In banks or trust companies or in state or national banks located in this state or in checking accounts of banks in other states in which accounts are
insured by the Federal Deposit Insurance Corporation;
(b) In any bond or securities or other investments
which are fully guaranteed as to payment of principal
(1975 RCW Supp-p 309)
31.12.260
Title 31:
Miscellaneous Loan Agencies
and interest h] the United States government, and general obligations of this state and general obligations of
counties. municipalities. or public purpose districts of
this state;
(c) In obligations issued by banks for cooperatives,
federal land banks, federal intermediate credit banks,
federal home loan banks, the Federal Home Loan Bank
Board, or any corporation designated in section 846 of
Title 31 U .S.C. as a wholly owned government corporation; or in obligations, participations, or other instruments of or issued by. or fully guaranteed as to
principal and interest by the Federal National Mortgage Association or the Government National Mortgage Association;
(d) In participation certificates evidencing beneficial
interests in obligations, or in the right to receive interest
and principal collections therefrom, which obligations
have been subjected by one or more government agencies to a trust or trusts for which any executive department, agency or instrumentality of the United States (or
the head thereof) has been named to act as trustee;
(e) In the shares, share certificates or share deposits
of other credit unions or savings and loan associations
organized or authorized to do business under the laws
of this state or the United States, or in the notes of such
credit unions in the process of liquidation;
(f) In the ICU government securities program of
ICU Services Corporation owned by CUNA, Incorporated, or up to two percent thereof in a corporation
owned by the Washington Credit Union League;
(g) In such other investments authorized in accordance with rules and regulations prescribed by the supervisor consistent with chapter 31.12 RCW as now or
hereafter amended:
Provided, That any such securities shall not be eligible for investment if they have been in default either as
to principal or interest within five years prior to date of
purchase.
No credit union shall carry on a banking business or
carry any demand, commercial, or checking accounts,
nor issue any time or demand certificates of deposit.
Investments other than loans to members shall be made
only with the approval of the board or of the investment committee. [1975 1st ex.s. c 222 § 5; 1973 1st ex.s.
c 8 § 10; 1969 c 65 § 8; 1959 c 138 § 6; 1957 c 23 § 9;
1947 c 213 § 2; 1933 c 173 § 20; Rem. Supp. 1947 §
3923-20.]
31.12.270 Classes of Ioans--Preference--Term.
A credit union may make:
(I) Personal loans to its members secured by the
note of the borrower or other collateral satisfactory to
the credit committee, including but not limited to interests in real estate and security interests in mobile
homes, travel trailers and motor homes as defined by
RCW 82.50.0 IO;
(2) Loans to its members under the act of congress
known as the "Higher Education Act of 1965", Nov. 8,
1965, Pub. L. 89-329 (20 USC sections 1001 to 1144
inc.);
(3) Loans to its members secured by a first security
interest in a mobile home, travel trailer and motor
(1975 RCW Supp--p 3101
home, as defined by RCW 82.50.010. owned by the
member. All such loans must be amortized by weekly.
semimonthly, or monthly payments, which payments,
including interest, shall be at the rate of not less than
fifteen percent per year of the original principal. Such
loans shall not exceed seventy-five percent of the purchase price or of the appraised value thereof, whichever
is the lesser;
(4) Loans to its members secured by first mortgages
or real estate contracts in which members are buyers if
such mortgage or contract relates to real estate which is
situated within the state; such real estate must be within
fifty miles of the principal office of the credit union unless with prior approval of the supervisor;
(5) Loans to other credit unions upon a two-thirds
majority vote of the board: Provided, That the total
amount of such loans does not exceed twenty-five percent of the paid-in and unimpaired capital and surplus
of the lending credit union; and
(6) Loans to its members under the act of congress
known as the "FHA Title 1, National Housing Act of
1934", June 27, 1934 (12 USC sections 1701 to 1750
inc.).
Personal loans shall be given preference, and in the
event there are not sufficient funds available to satisfy
all loan applicants approved by the credit committee,
further preference shall be given to the smaller loan.
Each personal loan shall be payable within four years
from the date thereof: Provided, That loans with satisfactory security may be made payable within eight
years from the date thereof. [ 1975 1st ex.s. c 222 § 6;
1973 1st ex.s. c 8 § 11; 1969 c 65 § 9; 1967 c 180 § 11;
1965 ex.s. c 38 § 1; 1957 c 23 § 11. Prior: 1953 c 48 § 6;
1947 c 213 § 4, part; 1943 c 131 § 18, part; 1933 c 173 §
23, part; Rem. Supp. 1947 § 3923-23, part.]
Prior transactions: See note following RCW 31.08.200.
Severability-1967 c 180: See note following RCW 31.08.200.
31.12.280 Limits and conditions of personal loans.
Unsecured loans may be made to members not to exceed five hundred dollars for credit unions whose unimpaired capital and surplus is less than eight thousand
dollars or up to two and one-half percent of the unimpaired capital and surplus of any other credit union not
to exceed two thousand five hundred dollars. Loans
with adequate security may be made to members of a
family community in an aggregate amount not to exceed five hundred dollars or ten percent of the credit
union's unimpaired capital and surplus, whichever is
greater: Provided, That personal loans which are not
totally secured by share deposits shall not exceed twelve
thousand dollars without permission of the supervisor.
[1975 1st ex.s. c 222 § 7; 1973 1st ex.s. c 8 § 12; 1969 c
65 § 10; 1967 c 180 § 12; 1965 ex.s. c 38 § 2; 1959 c 138
§ 7; 1957 c 23 § 12. Prior: 1953 c 48 § 7; 1947 c 213 § 4,
part; 1943 c 131 § 18, part; 1933 c 173 § 23, part; Rem.
Supp. 1947 § 3923-23, part.]
Prior transactions: See note following RCW 31.08.200.
Severability-1967 c 180: See note following RCW 31.08.200.
Credit Union Share Guaranty Association Act of 1975
31.12.310 Dividends. Dividends may be declared
only from the earnings which remain after the deduction of all expenses, interest on deposits and the
amounts required to be set apart to the guaranty fund
and to the reserve fund, or such dividend may be declared in whole or in part from the undivided earnings
of preceding years remaining after the aforesaid deductions for said years. Dividends due to a member shall,
at his election, be paid to him in cash or be credited to
his account in either shares or deposits. No dividend
exceeding seven percent per annum shall be paid, unless
the guaranty fund and undivided profits exceed fifteen
percent of assets, but surplus earnings may be distributed to the borrowers as a patronage dividend ratably
in proportion to interest paid by them. [1975 !st ex.s. c
222 § 8; 1943 c 131 § 19; 1933 c 173 § 25; Rem. Supp.
1943 § 3923-25.]
31.12.901 Severability--1975 1st ex.s. c 222. If
any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision
to other persons or circumstances is not affected. [ 1975
!st ex.s. c 222 § 9.]
Chapter 31.12A
CREDIT UNION SHARE GUARANTY
ASSOCIATION ACT OF 1975
Sections
31.12A.005
31.12A.010
31.12A.020
3 l.12A.030
3 l.12A.040
3 l.l 2A.050
31.12A.060
3 l.12A.070
31.12A.080
31.12A.090
31.12A.100
31.12A. l 10
3 l.12A. !20
31.12A.130
3 l.12A.140
31.12A.900
31.12A.910
3 l.12A.920
31.12A.930
31.12A.940
Purpose.
Definitions.
Guaranty association created.
Powers of the association.
Membership-Association operative date.
Funding-Liquidity-Investments-Termination.
Management.
First meeting of members and board of directors.
Bylaws.
Liquidation of members-Assessment.
Payment to shareholders-Subrogation.
Disposition of amounts recovered.
Reports-Recommendations-Examination.
Taxation.
Immunity.
Short title.
Construction-1975 1st ex.s. c 80.
Section headings not part of law.
Effective date-1975 !st ex.s. c 80.
Severability-1975 !st ex.s. c 80.
31.12A.005 Purpose. The purpose of this chapter is
to provide funds arising from assessments upon member credit unions chartered by the state of Washington
to guarantee payment, to the extent herein provided, to
credit union shareholders of the amount of loss to their
share and deposit accounts in a liquidating member
credit union, and to provide other services to promote
the stability of state-chartered credit unions. In the
judgment of the legislature, the foregoing purposes not
being capable of accomplishment by a corporation created under general laws, the creation of the nonprofit
association hereinafter in this chapter described is
deemed essential for the protection of the general welfare. [1975 lst ex.s. c 80 § 2.]
31.12A.040
31.12A.010 Definitions. As used in this chapter unless the context otherwise requires:
(I) "Association" means the credit union share guaranty association created in RCW 3 l.12A.020;
(2) "Board" means board of directors of the guaranty
association;
(3) "Credit union" means a credit union organized
and authorized under laws contained in chapter 31.12
RCW, as now or hereafter amended;
(4) "Initial member" means a member qualified by
the supervisor within sixty days after September I, 1975
but not yet ratified by the board;
(5) "Member" means a member of the guaranty association, ratified by the board;
(6) "Share account" of a credit union shareholder includes the share accounts and/or deposit accounts of
which the shareholder is owner of record with the credit
union; and
(7) "Supervisor" means the state supervisor of the division of savings and loan associations, or his successor
in the event of a departmental restructuring. [1975 1st
ex.s. c 80 § 3.]
31.12A.020 Guaranty association created. There is
hereby created a nonprofit unincorporated legal entity
to be known as the Washington credit union share
guaranty association, which shall be comprised of statechartered credit unions in the state of Washington and
governed by a board of directors as in RCW 31.l2A.060 provided. [ 1975 l st ex.s. c 80 § 4.]
31.12A.030 Powers of the association. The association shall have power:
(1) To use a seal, to contract, to sue and be sued;
(2) To make bylaws for conduct of its affairs, not inconsistent with the provisions of this chapter;
(3) To lend and to borrow money, and require and
give security;
(4) To receive, collect, and enforce by legal proceedings, if necessary, payment of all assessments for which
any member may be liable under this chapter, and payment of any other debt or obligation due the
association;
(5) To invest and reinvest its funds in investments
permitted for credit unions in RCW 31.12.260, as now
or hereafter amended, provided such investments do
not exceed a maximum maturity of ninety days;
(6) To acquire, hold, convey, dispose of and otherwise engage in transactions involving or affecting real
and personal property of all kinds; and
(7) To carry out the applicable provisions of this
chapter. [1975 lst ex.s. c 80 § 5.]
31. l 2A.040 Membership--Association operative
date. (l) Every credit union meeting the following qualifications is eligible for membership in the association:
(a) Must be in business as a duly authorized credit
union.
(b) Must be operating in compliance with applicable
laws and the rules and regulations of the supervisor.
(c) Must not be in the process of liquidation, either
voluntary or involuntary.
11975 RCW Supp--p 3111
31.12A.040
Title 31:
Miscellaneous Loan Agencies
(2) Prior to the operati\·e date stated in subsection (3)
hereof. application for membership shall be made by
the credit union in writing to the association on forms
designed and furnished by the association, and filed
with the secretary-treasurer. An application fee, as fixed
m the bylaws for operation expense, payable to the order of the association, shall accompany each such application. Should additional operational funds become
necessary, an assessment not to exceed an amount, as
fixed in the bylaws, per year may be levied by the board
against each member. If the application is found to be:
(a) Complete, and the applicant qualified for membership: The association shall issue and deliver to the
applicant a certificate of membership in appropriate
form.
(b) Incomplete: The association shall require the applicant to refile said application in its entirety within
thirty days.
(c) Not qualified: The association shall notify said
applicant within thirty days of filing: Provided, That
said applicant will be allowed to meet qualification
standards under conditions as provided in the bylaws of
the association.
(3) The initial membership of the association shall be
comprised of all those credit unions qualified under
subsection (1) hereof by the supervisor within sixty days
after September 1, 1975, with final ratification by the
initial board of directors subject to full compliance of
all qualifications for membership within one hundred
twenty days after September 1, 1975.
(4) Membership in either this association or the federal share insurance program under the national credit
union administration shall be mandatory. [ 1975 l st ex.s.
c 80 § 6.]
3 l.12A.050
Funding--Liquidity--Investments--Termination. (l) Establishment of the share
guaranty association contingency reserve shall be accomplished by setting aside from each member's guaranty fund an amount equal to one-half of one percent
of the total insurable outstanding shares and deposit
balances as of the 31st of December preceding September 1, 1975. Such sum shall be retained in the credit
union share guaranty contingency reserve as an integral
part of its guaranty fund until such time and if necessary to be drawn for the purpose set forth in this
chapter.
(2) Continued funding of the association shall be by
assessment at the rate of one-forty-fifth of one percent
of each member's insurable outstanding share and deposit balance as of December 31st each year commencing the year subsequent to September 1, 1975. Such
funds shall be retained by the member in its share
guaranty contingency reserve. Such sum may be offset
from the statutory transfer requirement to the guaranty
fund. The board, with concurrence of the supervisor,
shall have authority to assess an additional amount not
to exceed one-forty-fifth of one percent of each member's insurable share and deposit balance in any one
year, as conditions may warrant.
(1975 RCW Supp---p 312)
(3) Members' share guaranty association contingency
reserve funds shall be invested in investments as permitted in the bylaws of the association.
(4) The board, in concurrence with the supervisor,
may also suspend or diminish the assessment in any
given period after reaching a normal operating sufficiency as provided in the bylaws.
(5) Membership in this association may be terminated upon approval by a majority of the credit union
members responding to such a proposal and subject
further to acceptance by the national credit union administration of continued share insurance coverage under the national credit union administration share
insurance program. Notice of such intentions shall be in
writing to the association's board of directors at least
twelve months prior to such contemplated action: Provided, That in the event of conversion from state to
federal credit union charter the converting member will
notify the association in compliance with RCW 31.12.390. Share guarantee coverage through the association
will terminate with the effective date of the federal
charter. [1975 1st ex.s. c 80 § 7.]
31.12A.060 Management. (1) The affairs and operations of the association shall be managed and conducted by a board of directors and officers.
(2) The board shall consist of not more than five directors, as provided by the bylaws. Directors shall be
elected by members for terms, as fixed by the bylaws, of
not more than three years. The board shall have power
to fill vacancies occurring during the interim between
annual meetings and until an election is held at the next
annual meeting, to fill that portion of the unexpired
term.
(3) The officers shall be elected by the board, and
shall be a chairman of the board, a vice chairman, and
a secretary-treasurer. The officers shall have the usual
and customary powers and responsibilities of the respective offices, as fixed by the bylaws.
(4) The directors shall be compensated only to the
extent of actual out-of-pocket travel and meeting expenses as provided in the bylaws. [1975 1st ex.s. c 80 §
8.]
31.12A.070 First meeting of members and board of
directors. (1) Within thirty days after the operative date
of this chapter, the supervisor shall call a first meeting
of the initial members of the association for the purpose
of electing directors and shall give written notice of the
time and place of such meeting. The meeting shall be
held within sixty days after such operative date, at a
place in this state selected by the supervisor and of
convenience to members. The supervisor shall preside
at the meeting.
(2) The initial board of directors shall meet within
thirty days after the first meeting of members, to elect
officers, consider bylaws, and transact such other business relating to the association as may properly come
before it. [1975 1st ex.s. c 80 § 9.]
Credit Union Share Guaranty Association Act of 1975
31.12A.080 Bylaws. (I) The first bylaws of the association shall be as adopted by its initial board, and the
board shall so adopt bylaws within three months after
the association has become operative. All bylaws, and
amendments thereof, shall be promptly filed with, and
are subject to the approval of, the supervisor, and shall
be approved if found by the supervisor to be reasonable, and fair and equitable to the association and its
members. Among the customary, useful, and desirable
provisions the bylaws shall provide:
(a) For the date and place of holding the annual
meeting of members.
(b) Procedure for holding of special meetings.
(c) For voting privilege.
(d) For quorum requirements.
(e) For qualifications of directors, for procedures for
nomination, election and removal of directors; and
number, term and compensation of directors.
(f) For the bonding of any individual who may be
expected to handle funds for the association.
(g) Qualifications for membership.
(h) Duties of officers.
(i) Application fees and assessment fees.
(j) Fines, if any.
(k) Coverage loss limits.
(I) Powers and duties of the board.
(m) Types of investments, liquidity, and normal operating sufficiency.
(n) Such other regulations as may be deemed
necessary.
(2) After adoption of initial bylaws by the board, the
bylaws shall be subject to amendments only by vote of
the members. The secretary-treasurer of the association
shall promptly file all bylaws and amendments with the
supervisor. No bylaws or amendments thereto, except
the adoption of initial bylaws, shall be effective until
approved by the supervisor as hereinabove in this section provided. [1975 1st ex.s. c 80 § 10.]
31.12A.090
Liquidation of members--Assessment.
(1) In the event a member of the association is placed in
liquidation, either voluntary or involuntary, the supervisor or his representative shall determine as soon as is
reasonably possible the probable net assessment, if any,
resulting therefrom to its shareholders. If a net assessment seems to be indicated, the supervisor or his representative shall promptly inform the association in
writing of the probable amount of such assessment. In
determining the probable net assessment of the liquidating member, charges, if any, for services of the supervisor or his representative, or his staff, as well as
accrued but unpaid interest or dividends on share accounts, shall not be deemed liabilities of the liquidating
credit union; and, with the consent of the association,
all illiquid holdings (furniture, fixtures and other personal property) of the liquidating member, at the fair
recoverable value thereof, as determined by the supervisor or his representative, may be excluded as assets.
In determining the net assessment as to a particular
share account, the supervisor or his representative shall
first deduct the amount of any accrued and currently
31.12A.100
payable obligation of the shareholder to the liquidating
credit union.
(2) Within thirty days after receipt by the association
of the foregoing information, the board shall notify the
remaining members of the association of the aggregate
amount required to make good the probable net loss to
share accounts, subject to the following conditions:
(a) The amount of loss to be made good to any
shareholder shall not be less than provided by the national credit union administration share insurance program, with authority vested in the association to
increase the coverage.
(b) To the amount of the assessment as otherwise determined pursuant to this section, the board may add
such amount as it may deem to be reasonably necessary
to cover its clerical, mailing and other expense connected with the assessment and distribution of the proceeds
thereof to shareholders of the liquidating credit union,
not to exceed actual costs of such mailing and clerical
services.
(c) The gross amount of the assessment shall be prorated among the assessed members against their share
guaranty contingency reserve: Provided, That members
shall not be liable for any amount of assessment exceeding their share guaranty contingency reserve or for
any assessments exceeding those permitted in RCW 3 l.12A.040 and 31. l 2A.050 as now or hereafter amended.
(d) That a plan for an orderly and expeditious liquidation be presented to the board of directors for their
consideration and approval. In cases where a central or
other eligible credit union is authorized to act as liquidator or liquidating agent, the association would provide an indemnity against loss to such authorized credit
union.
(3) In case of liquidation the board shall cause written notice to each member stating whether a potential
assessment is indicated and, if so, the probable amount
of such contingency as it relates to a percentage of their
total share guaranty contingency reserve. Actual assessment, if any, shall be paid by members upon completion of liquidation or sooner, as determined by the
board of directors. In all cases the total reserve structure of a liquidating credit union, including its share
guaranty contingency reserve, shall be utilizep in concluding the liquidation. [1975 1st ex.s. c 80 § 11.]
31.12A.100 Payment to shareholders--Subrogation. (I) Upon collection in full of the amount assessed
against members as provided for in RCW 3 l.12A.090,
or other provision satisfactory to the board, the association shall conclude the liquidation subject to acceptance by the supervisor.
(2) If illiquid holdings of the liquidating member have
not been included as assets in determining net loss to
share accounts, as provided for in RCW 3 l.12A.090(l ),
the association shall be subrogated to all rights of
shareholders with respect to such holdings and to the
extent of the value thereof so excluded and reflected in
the assessment of association members; and the officers
of the liquidating member or other persons having authority wit~ respect thereto shall execute such conveyances, assignments, or other documents as may be
11975 RCW Supp--p 313)
31.12A.100
Title 31:
Miscellaneous Loan Agencies
requested hy the association to facilitate recovery by
the association in due course of the amount of its interest in such assets or so much thereof as may in fact be
recoverable. The association shall have the right to
bring and maintain suit or other action in its own name
for the enforcement of any right of the insolvent member or its shareholders with respect to any such asset.
[1975 Jst ex.s. c 80 § 12.]
31. t 2A.110 Disposition of amounts recovered.
Amounts recovered by the association pursuant to its
right of subrogation as provided in RCW 31.12A. 100(2)
shall be refunded pro rata to those members who paid
assessments out of which right of subrogation arose.
[1975 1st ex.s. c 80 § 13.]
31.12A.120 Reports--Recommendations--Examination. (I) Within sixty days after expiration of each
calendar year, the association shall render a report in
writing of its financial affairs and transactions for the
year, and of its financial condition at year-end. The association shall furnish a copy of the report to each
member and to the supervisor.
(2) The financial affairs of the association shall be
subject to examination by the supervisor at such intervals as he may deem advisable in relation to the extent
of the association's activities. The cost of examination
shall be borne by the association. In lieu of his own examination, the supervisor may accept the report of any
competent accountant, satisfactory to the supervisor.
[1975 1st ex.s. c 80 § 14.]
31.12A.130 Taxation. The assoc1at1on shall be exempt from all taxes and fees now or hereafter imposed
by the state of Washington or any county, municipality,
or local authority or subdivision; except that any real
property owned by the association shall be subject to
taxation to the same extent according to its value as
other real property is taxed. [1975 1st ex.s. c 80 § 15.]
31.12A.930 Effective date--1975 1st ex.s. c 80.
This act shall hecome effective on September I, 1975.
[1975 1st ex.s. c 80 § 21.]
31.12A.940 Severability--1975 1st ex.s. c 80. If
any clause, sentence, paragraph, section or part of this
act shall for any reason be adjudged by any court of
competent jurisdiction to be inv~lid, such judg:nent
shall not affect, impair or invahdate the remamder
thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved in the controversy i" which such judgment has been rendered. [ 1975 I st ex.s. c 80 § 20.]
Title 32
MUTUAL SA VIN GS BANKS
Chapters
32.08 Organization and powers.
32.12 Deposits--Earnings--Dividends-Interest.
32.30 Conversion of mutual savings bank to building
and loan or savings and loan association.
Chapter 32.08
ORGANIZATION AND POWERS
Sections
32.08.150
32.08.210
Merchandising-Certificates of deposit.
Power to act as trustee-Authorized trusts-Limitations-Application to act as trustee, fee-Approval or refusal of application-Right of
appeal-Use of word "trust"
32.08.150
Merchandising--Certificates of deposit.
(1) A savings bank shall not purchase, deal or trade in
31.12A.910 Construction--1975 1st ex.s. c 80. This
chapter shall be liberally constru~d to effect the purpose
stated in RCW 3 I .12A.005, which shall constitute an
aid and guide to interpretation. [1975 1st ex.s. c 80 §
18.]
any goods, wares, merchandise, or commodities whatsoever except such personal property as may be necessary for the transaction of its authorized business.
(2) Such bank shall not make or issue any certificate
of deposit payable either on demand or at a fixed day,
except the bank may issue savings certificates of deposit
in such form as the bank may determine upon the following terms:
(a) The certificates may provide for the payment of
interest at a rate fixed in advance by the bank, provided
certificates carrying a fixed rate shall mature in a period
not exceeding six years from the date of issuance;
(b) The certificates may be payable at a fixed future
time not less than thirty days after the date of issuance
or may contain provisions requiring thirty or more
days' notice of demand for payment;
(c) The certificates may be issued at a discount instead of stipulating a rate of interest, or interest thereon
may be deferred to be paid at maturity or other stipulated date. [1975 c 15 § l; 1969 c 55 § l; 1959 c 41 § 1;
1959 c 14 § I; 1957 c 80 § 3; 1955 c 13 § 32.08.150.
Prior: 1915 c 175 § 13; RRS § 3342.]
31.12A.920 Section headings not part of law. Section
headings in this act do not constitute any part of the
Jaw. [1975 1st ex.s. c 80 § 19.]
32.08.210 Power to act as trustee--Authorized
trusts-Limitations-Application to act as trustee,
fee
Approval or refusal of application--Right of
31.12A.140 Immunity. There shall be no separate
and individual liability on the part of and no cause of
action of any nature shall arise against any member insurer, agents or employees of the association, the board
of directors, or the supervisor or his representatives, for
any action taken by them in the performance of their
powers and duties under this chapter. [ 1975 I st ex.s. c
80 § 16.]
3 t.12A.900 Short title. This chapter shall be known
and may be cited as the Washington credit union share
guaranty association act. [1975 1st ex.s. c 80 § 17.]
11975 RCW Supp---p 314)
Deposits--Earnings--Dividends--Interest
appeal--Use of word "trust". A mutual savings bank
shall have the power to act as trustee under:
(I) A trust established by an inter vivos trust agreement or under the will of a deceased person.
(2) A trust established in connection with any collective bargaining agreement or labor negotiation wherein
the beneficiaries of the trust include the employees concerned under the agreement or negotiation, or a trust
established in connection with any pension, profit sharing, or retirement benefit plan of any corporation, partnership, association, or individual, including but not
limited to retirement plans established pursuant to the
provisions of the act of congress entitled "Self-Employed Individuals Tax Retirement Act of 1962", as
now constituted or hereafter amended, or plans established pursuant to the provisions of the act of congress
entitled "Employee Retirement Income Security Act of
1974", as now constituted or hereafter amended.
A mutual savings bank may be appointed to and accept the appointment of personal representative of the
last will and testament, or administrator with will annexed, of the estate of any deceased person and to be
appointed and to act as guardian of the estate of minors
and incompetent and disabled persons.
The restrictions, limitations and requirements in Title
30 RCW shall apply to a mutual savings bank exercising the powers granted under this section insofar as the
restrictions, limitations, and requirements relate to exercising the powers granted under this section. The incidental trust powers to act as agent in the management
of trust property and the transaction of trust business in
Title 30 RCW shall apply to a mutual savings bank exercising the powers granted under this section insofar as
the incidental powers relate to exercising the powers
granted under this section.
Before engaging in trust business, a mutual savings
bank shall apply to the supervisor of banking on such
form as he shall determine and pay the same fee as required for a state bank to engage in trust business. In
considering such application the supervisor shall ascertain from the best source of information at his command and by such investigation as he may deem
necessary whether the management and personnel of
the mutual savings bank are such as to command confidence and warrant belief that the trust business will be
adequately and efficiently conducted in accordance
with law, whether the resources in the neighborhood of
such place and in the surrounding country afford areasonable promise of adequate support for the proposed
trust business and whether the resources of the mutual
savings bank are sufficient to support the conduct of
such trust business, and that the mutual savings bank
has and maintains, in addition to its guaranty fund, undivided profits against which the depositors have no
prior claim in an amount not less than would be required of a state bank or trust company, which undivided profits shall be eligible for investment in the same
manner as the guaranty fund of a mutual savings bank.
Within sixty days after receipt of such application, the
supervisor shall either approve or refuse the same and
forthwith return to the mutual savings bank a copy of
32.12.110
the application upon which his decision has been endorsed. The supervisor shall not be required to approve
or refuse an application until thirty days after any appropriate approval has been obtained from a federal
regulatory agency. The applicant shall have the right to
appeal from an unfavorable determination in accordance with the procedures of the administrative procedure act, chapter 34.04 RCW, as now or hereafter
amended. A mutual savings bank shall not use the word
"trust" in its name, but may use the word "trust" in its
business or advertising. [ 1975 1st ex.s. c 265 § 1; 1969 c
55 § 12.]
Chapter 32.12
DEPOSITS--EARNINGS--DIVIDENDSINTEREST
Sections
32.12.110
Payment to foreign executor or administrator-Form,
publication of notice of application by such executor
or administrator-Payment in lieu to domestic executor or administrator--Consent of department of
revenue.
32.12.110 Payment to foreign executor or administrator--Form, publication of notice of application by
such executor or administrator--Payment in lieu to
domestic executor or administrator--Consent of department of revenue. Upon the death of any person
having funds held by or on deposit with any mutual
savings bank, such mutual savings bank may with full
acquittance to it pay over the balance of such funds to
the executor or administrator of the estate of such deceased person appointed under the laws of any other
state or territory or country, after (I) such foreign executor or administrator has caused a notice to be published substantially in the manner and form herein
provided for, in a n~wspaper of general circulation in
the county in which is located the office or branch of
the bank holding or ~aving on deposit said funds, or if
none, then in a newspaper of general circulation in an
adjoining county, at least once a week for at least three
successive weeks; (2) expiration of at least ninety days
after the date of first publication of such notice; and (3)
consent of the department of revenue to such payment
or receipt for payment of any inheritance tax due has
been received by such bank: Provided, That if an executor or administrator of the estate of said deceased
person shall be appointed and qualify as such under the
laws of this state and deliver a certified copy of his letters testamentary or of administration or certificate of
qualification to the office or branch of such mutual savings bank holding or having on deposit such funds prior
to its transmitting the same to a foreign executor or administrator, then such funds shall be paid to or to the
order of the executor or administrator of said estate appointed and qualified in this state. The notice herein
provided for may be published in substantially the following form:
[1975 RCW Supp---p 3151
32.12.110
Title 32:
Mutual Savings Banks
In the Matter of the Estate of
- ___________________ . deceased
'.\ otice is hereby given that the undersigned representati\'e of the estate of said deceased person has applied
for transfer to the undersigned of funds of said deceased held or on deposit at the __________ office of
----------·the address of which is __________ , in the
state of Washington; and that such transfer may be
made after ninety days from first publication of this
notice unless an executor or administrator of said estate
is appointed and qualified within the state of
Washington and said bank receives written notice
thereof at its said address prior to transmittal of such
funds to the undersigned.
Date of first publication: ______________________ _
____________________ of said estate
Address: ______________________ _
Affidavit of the publisher of the publication of such notice filed with such mutual savings bank shall be sufficient proof of such publication. [ 1975 1st ex.s. c 278 §
20; 1963 c 176 § 12. Cf. 1961 c 280 § 5; RCW
30.20.100.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 32.30
CONVERSION OF MUTUAL SAVINGS BANK TO
BUILDING AND LOAN OR SA VIN GS AND
LOAN ASSOCIATION
(See Chapter 33.46 RCW)
Title 33
SA VIN GS AND LOAN ASSOCIATIONS
Chapters
33.16 Directors, officers and employees.
33.20 Members--Savings.
33.24 Loans and investments.
33.44 Conversion to mutual savings bank.
33.46 Conversion of mutual savings bank to building
and loan or savings and loan association.
Chapter 33.16
DIRECTORS, OFFICERS AND EMPLOYEES
Sections
33.16.110
Budget-Limit of expenses.
33.16.110 Budget--Limit of expenses. The board
of directors, not later than at the regular meeting in
January of each year, shall adopt a budget of expenses
for the ensuing calendar year, which budget may be revised at any regular monthly meeting by a two-thirds
vote of the entire board of directors: PrO\·ided, That as
an alternative to a calendar year the board may adopt a
fiscal vear.
The' officers shall maintain the expenses of the association within the budget so adopted.
11975 RCW Supp---p 3161
The secretary shall transmit forthwith to the supervisor a copy of the budget, and of each amendment
thereof, upon adoption. [1975 lst ex.s. c 165 § 2; 1973 c
130 § 25; 1945 c 235 § 25; Rem. Supp. 1945 § 3717-144.
Prior: 1941 c 222 § 5; 1933 c 183 §§ 19, 66; 1919 c 169
§ 9; 1913 c 110 § 15.]
Severability-1973 c 130: See note following RCW 33.24.350.
Definitions--1973 c 130: See RCW 33.24.350.
Chapter 33.20
MEMBERS-SAVINGS
Sections
33.20.035
Payment of funds to foreign executor or administrator-Form, publication of notice of application by
such executor or administrator--Consent of department of revenue.
33.20.035 Payment of funds to foreign executor or
administrator--Form, publication of notice of application by such executor or administrator--Consent of
department of revenue. In addition to any other powers
and duties authorized by law, upon the death of any
person having funds held by or on deposit with any
state-chartered savings and loan association, such association may with full acquittance to it pay over the balance of such funds to the executor or administrator of
the estate of such deceased person appointed under the
laws of any other state or territory or country, after: (I)
Such foreign executor or administrator has caused a
notice to be published substantially in the manner and
form herein provided for, in a newspaper of general
circulation in the county in which is located the office
or branch of the association holding or having on deposit said funds, or if none, then in a newspaper of
general circulation in an adjoining county, at least once
a week for at least three successive weeks; (2) expiration
of at least ninety days after the date of first publication
of such notice; and (3) consent of the tax commission
[department of revenue] to such payment or receipt for
payment of any inheritance tax due has been received
by such savings and loan association: Provided, That if
an executor or administrator of the estate of said deceased person shall be appointed and qualify as such
und~r the laws of this state and deliver a certified copy
of his letters testamentary or of administration or certificate of qualification to the office or branch of such
association holding or having on deposit such funds
prior to its transmitting the same to a foreign executor
or administrator, then such funds shall be paid to or to
the order of the executor or administrator of said estate
appointed and qualified in this state. The notice herein
provided for may be published in substantially the following form:
"In the Matter of the Estate of
- ___________________ , deceased
"N~tice is hereby given that the undersigned represe?tatlve of the estate of said deceased person has applied for transfer to the undersigned of funds of said
office
deceased held or on deposit at the
of
the address of which is
_ _ _ _ _ _ _ _ _ , in the state of Washington; and
Conversion to Mutual Savings Bank
that such transfer may be made after ninety days from
first publication of this notice unless an executor or administrator of said estate is appointed and qualified
within the state of Washington and said savings and
loan association receives written notice thereof at its
said address prior to transmittal of such funds to the
undersigned.
"Date of first publication: _____________________ _
____________________ of said estate
Address: __________ - ___ - - ___ - - - Affidavit of the publisher of the publication of such notice filed with such association shall be sufficient proof
of such publication.
This section shall be applicable to federally-chartered
savings and loan associations operating within the state
insofar as federal law and rules and regulations promulgated thereunder so permit. [1975 1st ex.s. c 165 §
I.]
Chapter 33.24
LOANS AND INVESTMENTS
Sections
33.24.280
Capital stock, capital debentures and bonds issued by
corporations.
33.24.280 Capital stock, capital debentures and bonds
issued by corporations. An association may invest in
capital stock, capital debentures, and bonds issued by
any corporation organized under the laws of the United
States or any state, subject to the further limitations
and conditions that at the time of such investment the
aggregate of the reserves, surplus, undivided profits, and
guaranty stock, if any, of the association is at least
equal to five percent of the savings of the association
and that immediately upon the making of any investment under authority of this paragraph, the aggregate
amount of all investments then held by the association
under authority of this paragraph does not exceed fifty
percent of its guaranty stock, reserves, surplus, and undivided profits. [1975 1st ex.s. c 165 § 3; 1973 c 130 §
31; 1969 c 107 § 14.)
Severability-1973 c 130: See note following RCW 33.24.350.
Definitions--1973 c 130: See RCW 33.24.350.
Chapter 33.44
CONVERSION TO MUTUAL SA VIN GS BANK
Sections
33.44.020
Conversion to a mutual savings bank-Procedure.
33.44.020 Conversion to a mutual savings bank-Procedure. Any going building and loan or savings and
loan association or society organized under the laws of
this state, or under the laws of the United States, may,
if its contingent fund regularly accumulated, exclusive
of any reserve fund stock, amounts to not less than five
thousand dollars and if it has obtained the approval,
required by law or regulation, of any federal agencies,
including the federal home loan bank board and the
33.44.020
federal savings and loan insurance corporation, be converted into a mutual savings bank in the following
manner:
(I) The board of directors of such association shall
pass a resolution declaring their intention to convert the
association into a mutual savings bank and shall apply
to the supervisor of banking for leave to submit to the
shareholders of the association the question whether the
same shall be converted into a mutual savings bank. A
duplicate of the application to the supervisor of banking
shall be filed with the supervisor of savings and loan
associations, except that no such filing shall be required
in the case of an association organized under the laws
of the United States.
(2) Thereupon the supervisor of banking shall make
the same investigation and determine the same questions as he would be required by law to make and determine in case of the submission to him of a certificate
of incorporation of a proposed new mutual savings
bank, and he shall also determine after conference with
the supervisor of savings and Joan associations whether
by the proposed conversion the business needs and
conveniences of the shareholders of such association
would be served with facility and safety, except that no
such conference shall be pertinent to such investigation
or determination in the case of an association organized
under the laws of the United States. After the supervisor of banking shall have satisfied himself by such investigation whether it is expedient and desirable to
permit the proposed conversion, he shall, within sixty
days after the filing of said application, endorse thereon
over his official signature the word "granted" or the
word "refused", with the date of such endorsement and
shall immediately notify the secretary of such association of his decision: Provided, That if the application is
granted the supervisor of banking shall require the applicants to enter into such an agreement or undertaking
with him as trustee for the depositors with the savings
bank to make such contributions in cash to the expense
fund of the savings bank as in his judgment will be
necessary then and from time to time thereafter to pay
the operating expenses of the bank if its earnings should
not be sufficient to pay the same in addition to the
payment of such dividends as may be declared and
credited to depositors from its earnings.
In case of refusal, said board of directors, or a majority thereof, may, within thirty days after receiving the
notice of such refusal appeal to a board of appeal composed of the governor, the attorney general and the supervisor of banking, in the same manner and under the
same procedure as that prescribed by law for an appeal
to such board from the supervisor of banking's refusal
to permit the original organization of a mutual savings
bank.
(3) If such application be granted by the supervisor of
banking or by the board of appeal, as the case may be,
the board of directors of such association shall, within
sixty days thereafter, submit the question of the proposed conversion to the shareholders of the association
at a special meeting called for that purpose. Notice of
such meeting shall be given in the manner prescribed
by the bylaws of the association. Such notice shall state
(1975 RCW Supp---p 3171
33.44.020
Title 33:
Savings and Loan Associations
the time. place and purpose of the meeting, and that the
only question to be voted upon will be, "shall the
(naming the association) be converted into a mutual
sa\'ings bank under the laws of the state of
Washington?" The vote on said question shall be by
ballot. Any shareholder may vote by proxy or may
transmit his ballot by mail if the bylaws provide a
method for so doing. If two-thirds or more in number
of the shareholders voting on the question vote affirmatively. then the board of directors shall have power, and
it shall be their duty, to proceed to convert such association into a mutual savings bank; otherwise, the proposed conversion shall be abandoned and shall not be
again submitted to the shareholders within three years
from the date of said meeting.
(4) If authority for the proposed conversion has been
voted by the shareholders as hereinabove required, the
directors shall, within thirty days thereafter, subscribe
and acknowledge and file with the supervisor of banking in quadruplicate a certificate of reincorporation,
stating:
(a) The name by which the converted corporation is
to be known, which name shall include the words "mutual savings bank."
(b) The place where the bank is to be located and its
business transacted, naming the city or town and county, which city or town shall be the same as that where
the principal place of business of the corporation has
theretofore been located.
(c) The name, occupation, residence and post office
address of each signer of the certificate.
(d) The amount of the assets of the corporation, the
amount of its liabilities and the amount of its contingent fund as of the first day of the then calendar month.
(e) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a
trustee of the savings bank, and is free from all the disqualifications specified in the laws applicable to mutual
savings banks.
(5) Upon the filing of said certificate in quadruplicate
the supervisor of banking shall, within thirty days
thereafter, if satisfied that all the provisions of this
chapter have been complied with, issue in quadruplicate
an authorization certificate stating that the corporation
has complied with all the requirements of law, and that
it has authority to transact at the place designated in its
certificate of incorporation the business of a mutual
savings bank. One of the supervisor's quadruplicate
certificates of authorization shall be attached to each of
the quadruplicate certificates of reincorporation, and
one set of these shall be filed and retained by the supervisor of banking, one set shall be filed in the office of
the county auditor of the county in which such bank is
located, one set shall be filed in the office of the secretary of state, and one set shall be transmitted to the
bank for its files. Upon the receipt from the corporation
of the same fees as are required for filing and recording
other incorporation certificates or articles the county
auditor and secretary of state shall file said certificates
in their respective offices and the secretary of state shall
record the same; whereupon the conversion of such association shall be deemed complete, and the signers of
(1975 RCW Supp--p 318)
said reincorporation certificate and their successors
shall thereupon become and be a corporation having
the powers and being subject to the duties and obligations prescribed by the laws of this state applicable to
mutual savings banks, and the time of existence of such
corporation shall continue for the period of fifty years
from the date of the filing of such certificate, unless
sooner terminated pursuant to law. [1975 lst ex.s. c 111
§ l; 1927 c 177 § 1; 1917 c 154 § 1; RRS §§ 3749
through 3754. Formerly RCW 33.44.020 through
33.44.070.]
Chapter 33.46
CONVERSION OF MUTUAL SAVINGS BANK
TO BUILDING AND LOAN OR SAVIN GS
AND LOAN ASSOCIATION
Sections
33.46.010
33.46.020
33.46.030
33.46.040
33.46.050
33.46.060
33.46.070
33.46.080
33.46.090
33.46.100
33.46.110
Definitions.
Conversion of bank to association--Procedure.
Cash contributions to expense fund.
Appeal from denial of application.
Certificate of reincorporation-Required--Filing-Contents.
Issuance of authorization certificate--Filing-Completion of conversion--Effect.
Depositors become shareholders-Withdrawal.
Transfer of securities--Contingent fund--Conformance to association laws.
Assets, liabilities, etc., vested in association upon
conversion.
Initial meeting of shareholders-Notice-Proxy
voting.
Conversion to federal association--Procedure.
33.46.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Association" means any building and loan or
savings and loan association or society organized under
the laws of this state or a savings and loan association
organized under the laws of the United States of
America;
(2) "Director" means a member of the managing
board of an association;
(3) "Bank" means a mutual savings bank organized
under the laws of this state; and
(4) "Trustee" means a member of the managing
board of a bank. [1975 1st ex.s. c 83 § I.]
33.46.020 Conversion of bank to association-Procedure. Any going bank may, if its guaranty fund
regularly accumulated amounts to five thousand dollars
or more, be converted into an association in the following manner:
(1) 1:he trustees of such bank shall pass, by at least a
two-thirds favorable vote of all trustees, a resolution
declaring its intention to convert the bank into an association, specifying in such resolution the type of association and whether the association is to be organized
under the laws of this state, or is to be organized under
the laws of the United States of America. If the association is to be a state association the bank shall apply to
the supervisor of savings and loan associations for authority to convert into an association;
Conversion From Mutual Savings Bank
(2) A duplicate of the application made to the supervisor of savings and loan associations, or such application as may be filed with the federal home loan bank
board or other federal agency, shall be filed with the
supervisor of banking;
(3) The supervisor of savings and loan associations
shall, in the case of an application to convert into a
state association, make the same investigation and determine the same questions as he would be required by
law to make in determining the case of submission to
him of articles of incorporation of a proposed new state
association, and shall also determine, after conference
with the supervisor of banking, whether the proposed
conversion would serve the needs and conveniences of
the depositors of such bank; and
(4) The supervisor of savings and loan associations
shall grant or deny the application within sixty days of
its date of filing and shall immediately notify the secretary of such bank of his decision. [ 1975 I st ex.s. c 83 §
2.]
33.46.030 Cash contributions to expense fund. If the
application is granted to become a state association, the
supervisor of savings and loan associations shall require
the applicant to enter into an agreement or undertaking
with him, as trustee for the shareholders of the association, to make such cash contributions to an expense
fund of the association as in his judgment will be necessary then and from time to time thereafter to pay the
operating expenses of the association if its earnings
should not be sufficient to pay the same in addition to
the payment of such dividends as may be declared and
credited to shareholders from its earnings. [1975 1st
ex.s. c 83 § 3.]
33.46.040 Appeal from denial of application. If the
application is denied by the supervisor of savings and
loan associations, the bank, acting by a two-thirds majority of its trustees, may, within thirty days after receiving notice of such denial, appeal to the superior
court of Thurston county pursuant to the provisions of
the administrative procedure act, chapter 34.04 RCW.
[1975 1st ex.s. c 83 § 4.]
33.46.050 Certificate of reincorporation--Required--Fifing--Contents. If the application is
granted by the supervisor of savings and loan associations, or by the court, the trustees of such bank shall,
within thirty days thereafter, subscribe, acknowledge,
and file with the supervisor of savings and loan associations, in quadruplicate, a certificate of reincorporation
stating:
(I) The name by which the association is to be
known, which name shall include the words "building
and loan'' or "savings and loan", and "association" or
"society";
(2) The place where the association is to be located
and its business transacted, naming the city or town
and the county, which city or town shall be the same as
that where the principal place of business of the bank
has theretofore been located;
33.46.080
(3) The name, occupation, residence, and post office
address of each signer of the certificate;
(4) The amount of the assets of the association, the
amount of its liabilities, and the amount of its guaranty
fund as of the first day of the calendar month during
which the certificate is filed; and
(5) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a director of the association, and is free from all the
disqualifications specified in the laws applicable to savings and loan associations. [1975 1st ex.s. c 83 § 5.]
33.46.060 Issuance of authorization certificate-Filing--Completion of conversion--Effect. Upon filing the certificate in quadruplicate as provided in RCW
33.46.050, the supervisor of savings and loan associations shall, within thirty days thereafter, if satisfied that
all the provisions of this chapter have been complied
with, issue in quadruplicate an authorization certificate
stating that the association has complied with all of the
requirements of law, and that it has authority to transact, at the place or places designated in its certificate,
the business of an association. The supervisor of savings
and Joan associations shall retain one set of the quadruplicate originals of the certificate of reincorporation
and of the certificate of authorization and shall transmit
the other three sets to the association, which shall retain
one set, file one set with the secretary of state, and file
one set with the auditor of the county in which the
home office of the association is located, paying the required fees. Upon such filings being made, the conversion of such bank to such association shall be deemed
complete and consummated, and the association shall
thereupon be a corporation having the powers and being subject to the duties and obligations prescribed by
the laws of this state applicable to state associations,
and the time of existence of such association shall be
perpetual, unless sooner terminated. [ 1975 I st ex.s. c 83
§ 6.]
33.46.070 Depositors become shareholders-Withdrawal. Upon the conversion of a bank into an association, every person who was a depositor of the bank
at the time of the conversion shall become and be
deemed to be a shareholder or depositor of the association in a sum equal to the withdrawal value ot his deposits in the bank as of the day on which the
conversion was consummated, and every such shareholder shall share in the interest paid by the corporation to that day as though the conversion had not been
effected: Provided, That any person who was a depositor of the bank shall be entitled, at any time within.sixty days after the conversion was consummated, to
withdraw the value of his deposits as though no conversion had taken place. [1975 1st ex.s. c 83 § 7.]
33.46.080 Transfer of securities---Contingent
fund--Conformance to association laws. All mortgages, notes, and other securities of any bank that has been
converted into an association shall, on request of the
association, be delivered to it by the supervisor of
banking or, under his direction, by any trust company
(1975 RCW Supp--p 3191
33.46.080
Title 33:
Savings and Loan Associations
or other depository having possession thereof. The
guaranty fund of the bank shall become the contingent
fund of the association. If the association is a state ass?ciation it shall. as soon as practicable and within such
time and by such methods as the supervisor of savings
~nd loan_ ~ssociati?ns may direct, cause its organization,
its secuntles and mvestments, the character of its business, and its methods of transacting the same to conform to the laws applicable to state associations. [ 1975
!st ex.s. c 83 § 8.]
33.46.090 Assets, liabilities, etc., vested in association
upon conversion. Upon a conversion being consummated all assets, rights and properties of the bank shall vest
in and be the property of the association and all liabilities, debts, and obligations of the bank shall be the liabilities, debts, and obligations of the association and
any right can be enforced by or against the association
the same as it could have been enforced by or against
the bank if the conversion had not occurred. [ 1975 I st
ex.s. c 83 § 9.]
Initial meeting of shar~holders--No­
tice--Pro~y voting. Within twelve months following
consummat10n of the conversion, the directors of a state
association shall call a meeting of the shareholders for
the purp~se of electing directors and conducting such
~ther busmess of _the association as is appropriate. Notice of such meetmg shall be mailed not less than ten
nor more than thirty days in advance of such meeting
to the last known address of each shareholder. Such
notice may also include a proxy form authorizing any
one or more persons, who may be directors or officers
of the association, selected by the directors, to vote on
behalf of any shareholder executing such proxy. [ 1975
1st ex.s. c 83 § IO.]
33.46.100
33.46.110 Conversion to federal association--Procedure. If the bank specifies in the resolution that it intends to become a federal association it shall proceed to
make all filings and do all things which are required by
federal laws and regulations to qualify as and become a
federal association, and when all such things have been
accomplished and a charter has been issued by the appropriate federal agency, the bank shall thereupon
cease to be a mutual savings bank organized under the
laws of this state. [1975 1st ex.s. c 83 § 11.]
Title 34
ADMINISTRATIVE LAW
Chapters
34.04 Administrative procedure act.
Chapter 34.04
ADMINISTRATIVE PROCEDURE ACT
Sections
34.04.120
Contested cases-Adverse decisions and ordersFindings and conclusions.
(1975 RCW Supp--p 3201
Procedures of various agencies educational employment relations act:
Chapter 41.59 RCW.
34.04.120 Contested cases--Adverse decisions and
orders--Findings and conclusions. Every decision and
order adverse to a party to the proceeding, rendered by
an agency in a contested case, shall be in writing or
stated in the record and shall be accompanied by findings of fact and conclusions of law. The findings of fact
shall consist of a concise statement of each fact found
upo~ each contested issue of fact. Parties to the proceedmg shall be notified of the decision and order in
person or by mail. A copy of the decision and order
and accompanying findings and conclusions shall be
delivered or mailed to each party and to his attorney of
record, if any. [1975 c 12 § I; 1959 c 234 § 12.]
Title 35
CITIES AND TOWNS
Chapters
35.02 Incorporation proceedings.
35.03 Incorporation of first class cities.
35.04 Incorporation of intercounty areas.
35.13 Annexation of unincorporated areas.
35.20 Municipal courts--Cities over five hundred
thousand.
35.21 Miscellaneous provisions affecting all cities and
towns.
35.22 First class cities.
35.23 Second class cities.
35.24 Third class cities.
35.39 Fiscal--Finance committee--Investment of
funds.
35.42 Leases.
35.58 Metropolitan municipal corporations--Public
transportation.
35.77 Streets--Planning, establishment, construction, and maintenance.
35.81 Urban renewal law.
35.86 Off-street parking facilities.
35.86A Off-street parking--Parking commissions.
35.92 Municipal utilities.
35.95 Public transportation systems in cities and metropolitan municipal corporations-Financing.
Chapter 35.02
INCORPORATION PROCEEDINGS
Sections
35.02.070
35.02.170
Findings by board of county commissioners--Estabhshment of boundaries--Limitation.
Centerline~ of streets, ~o~ds or highways as corporate
~oundanes-Proh1b1t10n--Use of right of way
lines.
35.02.070 Findings by board of county commissioners--Establishment of boundaries--Limitation.
Upon final hearing on a petition for incorporation the
board shall, subject to RCW 35.02.170, establish and
Incorporation of lntercounty Areas
define the boundaries of the proposed city or town, being authorized to decrease but not increase the area
proposed in the petition and any such decrease shall
not exceed twenty percent of the area proposed; it must
also determine the number of inhabitants within the
boundaries it has established: Provided, That the area
shall not be so decreased that the number of inhabitants therein shall be less than required by RCW 35.02.010 as now or hereafter amended. [ 1975 l st ex.s. c 220
§ 3; 1965 c 7 § 35.02.070. Prior: 1963 c 57 § 2; 1957 c
173 § 7; prior: 1890 p 131 § 2, part; 1888 p 221 §§ I, 2,
part; 1877 p 173 §§ I, 2, part; 1871 p 51 § I, part; RRS
§ 8884, part.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
35.02.170 Centerlines of streets, roads or highways as
corporate boundaries--Prohibition--Use of right of
way lines. After September 8, 1975, centerlines of public
streets, roads or highways shall not be used to define
any part of a boundary of a city or town in an incorporation or annexation proceeding. The right of way
line of any public street, road or highway, or any segment thereof, may be used to define a part of a corporate boundary in an incorporation or annexation
proceeding. [ 1975 l st ex.s. c 220 § 2.]
Legislative finding, intent--1975 1st ex.s. c 220: "The legislature
finds that the use of centerlines of public streets, roads and highways
as boundaries of incorporated cities and towns has resulted in divided
jurisdiction over such public ways causing inefficiencies and waste in
their construction, improvement and maintenance and impairing effective traffic law enforcement. It is the intent of *this act to preclude
the use of highway centerlines as corporate boundaries in the future
and to encourage counties and cities and towns by agreement to revise existing highway centerline boundaries to coincide with highway
right of way lines." [1975 !st ex.s. c 220 § I.]
*Revisers note: "this act" [1975 !st ex.s. c 220] consists of RCW
35.02.170, 35.21.790, 35A.03. l 80, 35A.21.2 IO and amendments by
1975 !st ex.s. c 220 to RCW 35.02.070, 35.03.030, 35.04.060, 35.13.015,
35.13.030, 35.13.130, 35.13.150, 35A.03.070, 35A.04.070, 35A.14.015,
35A.14.050, 35A.14.I40 and 36.93.150.
Revision of centerline boundaries by substituting right of way Jines:
RCW 35.21.790.
Chapter 35.03
INCORPORATION OF FIRST CLASS CITIES
Sections
35.03.030
Resolution-Election-Conduct of election.
35.03.030 Resolution--Election--Conduct of
election. If no boundary review board has jurisdiction
over a proposed incorporation under RCW 35.03.005
through 35.03.050 or such a board's jurisdiction is not
invoked within the sixty day period prescribed in RCW
36.93. JOO, the board of county commissioners shall by
resolution, subject to RCW 35.02.170, establish and define the boundaries of such corporation, establish and
find the number of inhabitants residing therein and
state the name of the proposed corporation as specified
in the petition for incorporation. Within ninety days after the passage of said resolution or the filing of the decision of approval or modification of the boundary
review board with the board of county commissioners,
35.04.060
the board of county commissioners shall cause an election to be called and held within the boundaries so established, said election to be conducted in the manner
required for the calling of a special election in Title 29
RCW, as now or hereafter amended, except as otherwise provided in this chapter, for the purpose of determining whether such boundaries so established shall be
incorporated and of electing fifteen freeholders, who
shall have been residents within said boundaries for a
period of at least two years preceding their election and
qualified electors of the county, for the purpose of
framing a charter for said city. Any qualified person
may, not earlier than sixty days nor later than thirty
days prior to such election, file with the county auditor
of said county his declaration of candidacy in writing.
The form of ballot at such election shall be "for incorporation," "against incorporation''; and shall contain
the names of the candidates for the office of freeholder
to be voted upon to frame said charter. No person shall
be entitled to vote at such election unless he shall be a
qualified elector of said county and shall have resided
within the limits of such proposed corporation for at
least thirty days next preceding such election. [1975 lst
ex.s. c 220 § 4; 1969 ex.s. c 270 § 3; 1965 c 7 § 35.03.030. Prior: 1951 c 153 § 2, part.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
Conduct of elections: RCW 29. 13.040.
Election of freeholders to frame charter: State Constitution Art. 11 §
JO (Amendment 40), RCW 35.22.050.
Chapter 35.04
INCORPORATION OF INTERCOUNTY AREAS
Sections
35.04.060
Petition for incorporation--Hearing-lnclusion and
exclusion of lands-Order.
35.04.060 Petition for incorporation--Hearing-Inclusion and exclusion of lands--Order. The hearing
provided for in RCW 35.04.050 shall be held jointly by
all the respective boards of county commissioners under
the direction of the principal board of county commissioners. The hearing may be adjourned from time to
time not to exceed two months in all. If upon final
hearing the respective boards find that any land has
been unjustly or improperly included within or excluded from the proposed corporation, the respective boards
may change and fix the boundary lines of the portion of
the proposed corporation within their respective counties in such a manner as they deem reasonable and just
and conducive to the public welfare and convenience,
and each such board shall, subject to RCW 35.02.170,
thereupon enter an order establishing and defining the
boundary lines of the proposed corporation within its
respective county: Provided, That when any part of the
area to be incorporated lies within five miles of any city
having a population of fifteen thousand or more and in
a class AA or A county, the area shall not be so decreased that the number of inhabitants therein shall be
less than three thousand. No land shall be so included
within the boundaries described in the petition unless
each board of county commissioners of that county in
(1975 RCW Supp--p 321)
35.04.060
Title 35:
Cities and Towns
which the area sought to be included is located first obtains the written assent of not less than a number of
qualified voters resident within each area to be included
in the proposed corporation equal in number to twenty
percent of the votes cast at the last state election. Each
board of county commissioners shall for the area within
its respective county, promptly after the final hearing,
by order establish and define the boundaries of the
proposed corporation, determine the number of inhabitants residing therein and state the name of the proposed corporation: Provided, That for the action
required after the final hearing, the boards may act
jointly but in such case a majority of each board must
vote favorably on such final action and the order shall
be entered in the minutes of each board. [1975 1st ex.s.
c 220 § 5; 1965 c 7 § 35.04.060. Prior: 1963 c 57 § 4;
1955 c 345 § 6.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
Chapter 35.13
ANNEXATION OF UNINCORPORATED AREAS
Sections
35.13.015
35.13.030
35.13.130
35.13.150
35.13.260
Election method-Resolution for election----Contents of resolution.
Election method-Petition for election-Content.
Petition method-Petition-Signers-Content.
Petition method-Ordinance providing for
annexation.
Determining population of annexed territory----Certificate-As basis for allocation of state funds-Revised certificate.
35.13.015 Election method--Resolution for election--Contents of resolution. In addition to the method prescribed by RCW 35.13.020 for the
commencement of annexation proceedings, the legislative body of any city or town may, whenever it shall
determine by resolution that the best interests and general welfare of such city or town would be served by the
annexation of unincorporated territory contiguous to
such city or town, file a certified copy of the resolution
with the board of county commissioners of the county
in which said territory is located. The resolution of the
city or town initiating such election shall, subject to
RCW 35.02.170, describe the boundaries of the area to
be annexed, as nearly as may be state the number of
voters residing therein, pray for the calling of an election to be held among the qualified voters therein upon
the question of annexation, and provide that said city
or town will pay the cost of the annexation election.
The resolution may require that there also be submitted
to the electorate of the territory sought to be annexed a
proposition that all property within the area annexed
shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing city or town is assessed and taxed to pay for
all or any portion of the then outstanding indebtedness
of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to,
or existing at, the date of annexation. Whenever a city
or town has prepared and filed a comprehensive plan
(1975 RCW Supp--p 322)
for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, the resolution initiating the election may also provide for the simultaneous adoption of
the comprehensive plan upon approval of annexation
by the electorate of the area to be annexed. The resolution initiating the election may also provide for the simultaneous creation of a community municipal
corporation and election of community council members as provided for in RCW 35.14.010 through 35.14.060 upon approval of annexation by the electorate of
the area to be annexed. In cities under the optional
municipal code the resolution initiating the election
may also provide for the simultaneous inclusion of the
annexed area into a named existing community municipal corporation. The proposition for the creation of a
community municipal corporation may be submitted as
part of the annexation proposition or may be submitted
as a separate proposition. The proposition for inclusion
within a named existing community municipal corporation shall be submitted as part of the annexation proposition. [1975 1st ex.s. c 220 § 6; 1973 1st ex.s. c 164 §
2; 1970 ex.s. c 52 § 6; 1967 c 73 § 7; 1965 ex.s. c 88 § 3;
1965 c 7 § 35.13.015. Prior: 1961 c 282 § 1.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
Community municipal corporations: Chapter 35.14 RCW.
35.13.030 Election method--Petition for election--Content. A petition filed with the county commissioners to call an annexation election shall, subject
to RCW 35.02.170, particularly describe the boundaries
of the area proposed to be annexed, state the number of
voters residing therein as nearly as may be, state the
provisions, if any there be, relating to assumption of
debt by the owners of property of the area proposed to
be annexed, and/or the simultaneous adoption of a
comprehensive plan for the area proposed to be annexed, and shall pray for the calling of an election to be
held among the qualified voters therein upon the question of annexation. If the petition also provides for the
creation of a community municipal corporation and
election of community council members, the petition
shall also describe the boundaries of the proposed service area, state the number of voters residing therein as
nearly as may be, and pray for the election of community council members by the qualified voters residing in
the service area. [1975 !st ex.s. c 220 § 7; 1967 c 73 § 9;
1965 ex.s. c 88 § 5; 1965 c 7 § 35.13.030. Prior: 1961 c
282 § 8; prior: 1907 c 245 § 2, part; RRS § 8897, part.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
35.13.130 Petition method--Petition-Signers--Content. A petition for annexation of an area
contiguous to a city or town may be made in writing
addr~s.sed. to and filed with the legislative body of the
mumctpahty to which annexation is desired. Except
where all the property sought to be annexed is property
of a school district, and the school directors thereof file
the petition for annexation as in RCW 28A.58.044 authorized, the petition must be signed by the owners of
not less than seventy-five percent in value, according to
35.20.010
Municipal Courts--Citics Over 500,000
the assessed valuation for general taxation of the P.r?perty for which annexation is petitioned. The pe_tition
shall set forth a description of the property acco.rdm.g ~o
government legal subdivisions or legal plats which 1s in
compliance with RCW 35.02.170, and shall ~e accompanied by a plat which outlines the boundanes of the
property sought to be a~nexe~. If the !egislative. body
has required the assumption of all or of any portion of
city or town indebtedness by the area annexed, and/ or
the adoption of a comprehensive plan for the area to be
annexed, these facts, together with a quotation of the
minute entry of such requirement or requirements shall
be set forth in the petition. [1975 1st ex.s. c 220 § 8;
1973 1st ex.s. c 164 § 12; 1971 c 69 § 2; 1965 ex.s. c 88 §
11; 1965 c 7 § 35.13.130. Prior: 1961 c 282 § 19; 1945 c
128 § 3; Rem. Supp. 1945 § 8908-12.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
Severability-1971 c 69: See note following RCW 35.13.125.
35.13.150 Petition method--Ordinance providing
for annexation. Following the hearing, the council or
commission shall determine by ordinance whether annexation shall be made. Subject to RCW 35.02.170,
they may annex all or any portion of the proposed area
but may not include in the annexation any property n~t
described in the petition. Upon passage of the ordinance a certified copy shall be filed with the board of
county commissioners of the county in which the annexed property is located. [1975 1st ex.s. ~ 220 § 9; 1965
c 7 § 35.13.150. Prior: 1957 c 239 § 5; pnor: 1945 c 128
§ 4, part; Rem. Supp. 1945 § 8908-13, part.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
35.13.260 Determining population of annexed territory--Certificate--As basis for allocation ~f sta~e
funds--Revised certificate. Whenever any terntory 1s
annexed to a city or town, a certificate as hereinafter
provided shall be submitted in triplicate to the. office ?f
program planning and fiscal management, hereinafter in
this section referred to as "the office", within thirty days
of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the
office shall retain the original copy in its files, and
transmit the second copy to the department of highways and return the third copy to the city o~ town.
Such certificates shall be in such form and contain such
information as shall be prescribed by the office. A. c~py
of the complete ordinance containing a legal d~scnptton
and a map showing specifically the boundanes of the
annexed territory shall be attached to each of the .three
copies of the certificate. The certificate shall be signed
by the mayor and attested by the city clerk. Upon request, the office shall furnish certification forms to any
city or town.
The resident population of the annexed territory shall
be determined by, or under the direction of, the mayor
of the city or town. Such population determination shall
consist of an actual enumeration of the population
which shall be made in accordance with practices and
policies, and subject to the approval of, the office. The
population shall be d~ter~ined as of the eff~ctive date
of annexation as specified in the relevant ordinance.
Until an annexation certificate is filed and approved
as provided herein, such .annexed t.er.ri tory shall not. be
considered by the office m determining the populat10n
of such city or town.
Upon approval of the annexation certificate, the
office shall forward to each state official or department
responsible for making allocations or. payme~ts to citi~s
or towns, a revised certificate reftectmg the mcrease in
population due to such annexation. Upon and after the
date of the commencement of the next quarterly period,
the population determination indic~ted in such revi~ed
certificate shall be used as the basts for the allocat10n
and payment of state funds to such city or town.
For the purposes of this section, each quarterly period shall commence on the first day of the months of
January, April, July, and October. Wh~never a revised
certificate is forwarded by the office thtrty days or le~s
prior to the commencement of the ne~t quarterly penod, the population of the annexed terntory shall not. be
considered until the commencement of the following
quarterly period. [ 1975 1st ex.s. c 31 § l; 1969 ex.s. ~ 50
§ I; 1967 ex.s. c 42 § 2; 1965 c 7 § 35.13.260. Pnor:
1961 c 51 § l; 1957 c 175 § 14; prior: 1951 c 248 § 5,
part.]
Effective date--1967 ex.s. c 42: The effective date of the 1967
amendment to this section is July 1, 1967, see note following RCW
3.30.010.
Savings-1967 ex.s. c 42: See note following RCW 3.30.010.
Allocations to cities and towns from motor vehicle fund: RCW 46.68.100, 46.68.110.
Census to be conducted in decennial periods: State Constitution Art.
2 § 3.
State planning and community affairs agency: Chapter 43.63A RCW.
Chapter 35.20
MUNICIPAL COURTS-CITIES OVER FIVE
HUNDRED THOUSAND
Sections
35.20.010
35.20.205
35.20.900
Municipal court established.
Judicial officers-Hearing examiner.
Construction of prior law.
35.20.010 Municipal court established. There is hereby created and established in each incorporated city of
this state having a population of more than four hundred thousand inhabitants, as shown by the federal or
state census, which ever is the later, a municipal court,
which shall be styled "The Municipal Court of
__________ (name of city)," hereinafter designated and
referred to as the municipal court, which court shall
have jurisdiction and shall exercise all the powers by
this chapter declared to be vested in. s~ch. ~unicip~l
court, together with such powers and JUrtsd1ctton as ts
generally conferred in this state either by common ~aw
or statute. [1975 c 33 § 4; 1965 c 7 § 35.20.010. Pnor:
1955 c 290 § I.]
Severability-1975 c 33: See note following RCW 35.21.780.
11975 RCW Supp--p 323)
35.20.205
Title 35:
Cities and Towns
35.20.205 Judicial officers--Hearing examiner.
The judges of the municipal court may employ judicial
officers to assist in the administration of justice and the
accomplishment of the work of the court as said work
may be assigned to it by statute or ordinance. The duties and responsibilities of such officers shall be judicial
in nature and shall be fixed by court rule as adopted by
the municipal court judges or fixed by ordinance of the
city. The mayor may appoint the judicial officers as
judges pro tempore pursuant to RCW 35.20.200: Provided. That the judicial officer need not be a resident of
the city.
To utilize the services of such judicial officers for the
purpose of hearing contested matters relating to the interest of the city and its citizens and the operation of
the various departments of the city, the city may by ordinance create the office of hearing examiner in the
municipal court and assign to it judicial duties and responsibilities. [1975 1st ex.s. c 214 § l.]
solid waste processing and conversion plant now in existence or hereafter constructed may be condemned:
Provided further, That contracts relating to the processing and conversion of solid waste into valuable and
useful products and the sale thereof shall take place
only after receipt of competitive written offerings by
such city or town subject to final approval by the legislative authority of such city or town; and be it further
provided that. after the award of such processing, conversion or safe ·contract all competitive offerings and
other documentary material considered in connection
therewith shall become matters of public record.
Agreements relating to systems and plants for the
processing and conversion of solid wastes to useful products and agreements relating to sale of such products
shall be in compliance with RCW 35.21.120 and shall
be entered into only after public advertisement and
evaluation of competitive offerings. [ 1975 1st ex.s. c 208
35.20.900 Construction of prior law. The prov1s10ns
of RCW 35.22.420, 35.22.430, 35.22.440, 35.22.450, 35.22.460, 35.22.480, 35.22.490, 35.22.510, 35.22.520, 35.22.530, 35.22.540, 35.22.550 and 35.22.560, in so far as
inconsistent with the provisions of this chapter shall
apply only to cities of the first class having a population
of less than four hundred thousand inhabitants. [ 1975 c
33 § 5: 1965 c 7 § 35.20.900. Prior: 1955 c 290 § 27.]
35.21.154 Solid waste--Compliance with chapter
70.95 RCW required. Nothing in RCW 35.21.152 and
35.92.022 will relieve a city of its obligations to comply
with the requirements of chapter 70.95 RCW. [ 1975 1st
ex.s. c 208 § 3.]
Severability--1975 c 33: See note following RCW 35.21.780.
Chapter 35.21
MISCELLANEOUS PROVISIONS AFFECTING
ALL CITIES AND TOWNS
Sections
35.21.152
35.21.154
35.21.207
35.21.766
35.21.768
35.21.780
35.21.790
Solid waste-Collection and disposal-Processing
and conversion into products-Sale.
Solid waste-Compliance with chapter 70.95 RCW
required.
Liability insurance for officers and employees
authorized.
Ambulance services--Establishment authorized.
Ambulance services-Excise taxes authorized-Use
of proceeds.
Laws, rules and regulations applicable to cities 500,000
or over deemed applicable to cities 400,000 or over.
Centerlines of streets, roads or highways as corporate
boundaries-Revision by substituting right of way
lines.
35.21.152 Solid waste--Collection and disposal--Processing and conversion into products--Sale.
A city or town may construct, condemn, purchase, acquire, add to, and extend systems and plants for the
collection and disposal of solid waste and for its processing and conversion into other valuable or useful
products with full jurisdiction and authority to manage,
regulate, maintain, operate and control such systems
and plants, and to enter into agreements providing for
the maintenance and operation of systems and plants
for the processing and conversion of solid waste and for
the sale of said products under such terms and conditions as may be determined by the legislative authority
of said city or town: Provided however, That no such
(1975 RCW Supp--p 324)
§ l.]
35.21.207 Liability insurance for officers and employees authorized. See RCW 36.16.138.
35.21.766 Ambulance services--Establishment authorized. Whenever the legislative authority of any city
or town determines that the city or town or a substantial portion of the city or town is not adequately served
by existing private ambulance service, the legislative
authority may by appropriate legislation provide for the
establishment of a system of ambulance service to be
operated as a public utility of the city or town or operated by contract after a call for bids. [1975 1st ex.s. c 24
§ l.]
Ambulance services by counties authorized: RCW 36.01.100.
35.21.768 Ambulance services--Excise taxes authorized--Use of proceeds. The legislative authority of
any city or town is authorized to adopt ordinances for
the levy and collection of excise taxes and/ or for the
imposition of an additional tax for the act or privilege
of engaging in the ambulance business. Such business
and occupation tax shall be imposed in such amounts
as fixed and determined by the legislative authority.
. The excise ta~es other than the business and occupat10n tax authonzed by this section shall be levied and
collected from all persons, businesses, and industries
who are served and billed for said ambulance service
owne~ and operated or contracted for by the city or
town m such amounts as shall be fixed and determined
by the legislative authority of the city or town.
All taxes authorized pursuant to this section shall be
construed to be taxes other than a retail sales tax defined in chapter 82.08 RCW and a use tax defined in
chapter 82.12 RCW, and the city or town shall appropriate and use the proceeds derived from all taxes authorized by this section only for the operation,
First Class Cities
maintenance and capital needs of its municipally
owned, operated, leased or contracted for ambulance
service. [1975 1st ex.s. c 24 § 2.]
35.21. 780 Laws, rules and regulations applicable to
cities 500,000 or over deemed applicable to cities 400,000
or over. On and after June 12, 1975, every law and rule
or regulation of the state or any agency thereof which
immediately prior to June 12, 1975 related to cities of
five hundred thousand population or over shall be
deemed to be applicable to cities of four hundred thousand population or over. [ 1975 c 33 § 1.]
Severability--1975 c 33: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975 c 33 § 7.]
35.21.790 Centerlines of streets, roads or highways as
corporate boundaries--Revision by substituting right of
way lines. (1) The governing bodies of a county and any
city or town located therein may by agreement revise
any part of the corporate boundary of the city or town
which coincides with the centerline of a public street,
road or highway by substituting therefor a right of way
line of the same public street, road or highway so as
fully to include or fully to exclude that segment of the
public street, road or highway from the corporate limits
of the city or town.
(2) The revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city or town council or
commission and by ordinance or resolution of the
board of county commissioners or county counciL [ 1975
!st ex.s. c 220 § 17.]
Legislative finding, intent--1975 1st ex.s. c 220: See note following RCW 35.02.170.
Use of centerlines as boundaries in incorporation or annexation proceedings-Prohibition--Use of right of way lines: RCW
35.02.170.
Chapter 35.22
FIRST CLASS CITIES
Sections
35.22.284
35.22.620
35.22.630
35.22.640
35.22.650
Association of sheriffs and police chiefs.
Public works or improvements--Contracts required-Minimum cost amounts-Bids.
Public works or improvements--Cost amountsHow determined.
Public works or improvements-Electrical distribution
and generating systems--Solid waste.
Public works or improvements-Minority business,
employees--Contract, contents.
35.22.284 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.22.620 Public works or improvements--Contracts required--Minimum cost amounts--Bids.
Any public work or improvement of a first class city
shall be done by contract pursuant to public notice and
call for competitive bids, whenever the estimated cost of
such work or improvement, including the cost of materials, supplies, and equipment will exceed the sum of
ten thousand dollars: Provided, That whenever this
35.22.650
public work or improvement is for construction of water mains, such sum shall be fifteen thousand dollars.
When any emergency shall require the immediate execution of such public work, upon the finding of the existence of such emergency by the authority having
power to direct such public work to be done and duly
entered of record, publication of description and estimate may be made within seven days after the commencement of the work. [1975 1st ex.s. c 56 § l.]
35.22.630 Public works or improvements-Cost
amounts--How determined. The cost of any public
work or improvement for the purposes of RCW 35.22.620 and 35.22.640 shall be the aggregate of all amounts
to be paid for labor, material, and equipment on one
continuous or interrelated project where work is to be
performed simultaneously or in close sequence: Provided, That the cost of water services and metering equipment furnished by any first class city in the course of a
water service installation from the utility-owned main
to and including the meter box assembly shall not be
included as part of the aggregate cost as provided herein. The breaking down of any public work or improvement into units or accomplishing any public work or
improvement by phases for the purpose of avoiding the
minimum dollar amount prescribed in RCW 35.22.620
is contrary to public policy and is prohibited. [1975 1st
ex.s. c 56 § 2.]
35.22.640 Public works or improvements--Electrical distribution and generating systems-Solid
waste. Cities of the first class are relieved from complying with the provisions of RCW 35.22.620 with respect
to any public work or improvement relating solely to
electrical distribution and generating systems on public
rights of way or on municipally owned property: Provided, That nothing herein shall prevent any first class
city from operating a solid waste department utilizing
its own personnel. [1975 1st ex.s. c 56 § 3.]
35.22.650 Public works or improvements--Minority business, employees--Contract, contents. All contracts by and between a first class city and contractors
for any public work or improvement exceeding the sum
of ten thousand dollars, or fifteen thousand do)lars for
construction of water mains, shall contain the following
clause:
"Contractor agrees that he shall actively solicit the
employment of minority group members. Contractor
further agrees that he shall actively solicit bids for the
subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of
his compliance with these requirements of minority employment and solicitation. Contractor further agrees to
consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the
light most favorable to said minority businesses. The
contractor shall be required to submit evidence of compliance with this section as part of the bid."
As used in this section, the term "minority business''
means a business at least fifty-one percent of which is
owned by minority group members. Minority group
11975 RCW Supp--p 325)
35.22.650
Title 35:
Cities and Towns
members include. but are not limited to, blacks, women,
nati\e Americans. Orientals. Eskimos. Aleuts. and
Spanish Americans. [1975 !st ex.s. c 56 § 4.]
Chapter 35.23
SECOND CLASS CITIES
Sections
35.23.134
Association of sheriffs and police chiefs.
35.23.134 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
Chapter 35.24
THIRD CLASS CITIES
Sections
35.24.164
Association of sheriffs and police chiefs.
35.24.164 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
Chapter 35.39
FISCAL--FINANCE COMMITTEEINVESTMENT OF FUNDS
Sections
35.39.030
35.39.034
Excess or inactive funds--Investment.
Investment by individual fund or commingling of
funds--Investment in United States securities.
35.39.030 Excess or inactive funds--Investment.
Every city and town may invest any portion of the
moneys in its inactive funds or in other funds in excess
of current needs in:
(I) United States bonds;
(2) United States certificates of indebtedness;
(3) Bonds or warrants of this state;
(4) General obligation or utility revenue bonds or
warrants of its own or of any other city or town in the
state;
(5) Its own bonds or warrants of a local improvement
district which are within the protection of the local improvement guaranty fund law; and
(6) In any other investments authorized by law for
any other taxing districts. [ 1975 l st ex.s. c 11 § l; 1969
ex.s. c 33 § 1; 1965 ex.s. c 46 § 1; 1965 c 7 § 35.39.030.
Prior: 1943 c 92 § l; Rem. Supp. 1943 § 5646-13.]
Effective date-1969 ex.s. c 33: "This 1969 amendatory act is
necessary for the immediate preservation of the public peace, health
and safety, the support of the state government and its existing political subdivisions; and shall take effect July 1, 1969." (1969 ex.s. c 33 §
4.) This applies to RCW 35.39.030-35.39.034.
the various participating funds in direct proportion to
the amount of money invested by each.
Any excess or inactive funds on hand in the city
treasury not otherwise invested for the specific benefit
of any particular fund. may be invested by the city
treasurer in United States government bonds, notes.
bills, certificates of indebtedness, or interim financing
warrants of a local improvement district which is within
the protection of the local improvement guaranty fund
law for the benefit of the general or current expense
fund. [ 1975 1st ex.s. c 11 § 2; 1969 ex.s. c 33 § 3.]
Chapter 35.42
LEASES
Sections
LEASING OF SPACE WITH OPTION TO PURCHASE-1959
ACT
35.42.090
Leases exempted from certain taxes.
LEASING OF SPACE WITH OPTION TO
PURCHASE-1959 ACT
35.42.090 Leases exempted from certain taxes. All
leases executed pursuant to RCW 35.42.010 through
35.42.090 shall be exempt from the tax imposed by
chapter 19, Laws of 1951 second extraordinary session,
as amended, and chapter 28A.45 RCW; section 5,
chapter 389, Laws of 1955, and RCW 82.04.040; and
section 9, chapter 178, Laws of 1941, and RCW 82.08.090, and by rules and regulations of the department of
revenue issued pursuant thereto. [ 1975 l st ex.s. c 278 §
22; 1965 c 7 § 35.42.090. Prior: 1959 c 80 § 9.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 35.58
METRO POLITAN MUNICIPAL
CORPORATIONS-PUBLIC
TRANSPORTATION
Sections
35.58.200
35.58.272
35.58.2721
35.58.273
35.58.2731
35.58.274
35.58.275
35.58.276
3539.034 Investment by individual fund or commingling of funds--Investment in United States securities.
Moneys thus determined available for this purpose may
be invested on an individual fund basis or may, unless
otherwise restricted by law be commingled within one
common investment portfolio for the mutual benefit of
all participating funds: Provided, That if such moneys
are commingled in a common investment portfolio, all
income derived therefrom shall be apportioned among
[1975 RCW Supp---p 326[
35.58.277
35.58.278
35.58.279
35.58.2791
35.58.2792
Powers relative to water pollution abatement.
Public transportation systems--Definitions.
Public transportation systems--Authority of municipalities to acquire, operate, etc.--Indebtedness-Bond issues.
Public transportation systems--Motor vehicle excise
tax authorized-Credits--Public hearing on route
and design.
Repealed.
Public transportation systems--Motor vehicles exempt
·-..
from tax.
Public transportation systems--Provisions of motor
vehicle excise tax chapter applicable.
Public transportation systems--When tax due and
payable-Collection.
Public transportation systems--Remittance of tax by
county auditor.
Public transportation systems--Distribution of tax.
Public transportation systems-Crediting and use of
tax revenues.
Public transportation systems--Intemal combustion
equipment to comply with pollution control standards.
Public transportation systems--Parking facilities to be
in conjunction with system stations or transfer
facilities.
Metropolitan Municipal Corporations--Public Transportation
35.58.2793
35.58.2794
Repealed.
.
Public transportation systems-Research, testmg, development, etc., of systems-Powers to comply with
federal laws.
35.58.200 Powers relative to water pollution abatement. If a metropolitan municipal corporation shall be
authorized to perform the function of metropolitan water pollution abatement, it shall have the following
powers in addition to the general powers granted by
this chapter:
(1) To prepare a comprehensive water pollution
abatement plan including provisions for waterborne
pollutant removal, water quality improvement, sewage
disposal, and storm water drainage for the metropolitan
area.
(2) To acquire by purchase, condemnation, gift, or
grant and to lease, construct, add to, improve, replace,
repair, maintain, operate and regulate the use of metropolitan facilities for water pollution abatement, including but not limited to, removal of waterborne
pollutants, water quality improvement, sewage disposal
and storm water drainage within or without the metropolitan area, including but not limited to trunk, interceptor and outfall sewers, whether used to carry
sanitary waste, storm water, or combined storm and
sanitary sewage, lift and pumping stations, pipelines,
drains, sewage treatment plants, flow control structures
together with all lands, property rights, equipment and
accessories necessary for such facilities. Sewer facilities
which are owned by a county, city, or special district
may be acquired or used by the metropolitan municipal
corporation only with the consent of the legislative
body of the county, city, or special districts owning
such facilities. Counties, cities, and special districts are
hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for
their joint use on such terms as may be fixed by agreement between the legislative body of such county, city,
or special district and the metropolitan council, without
submitting the matter to the voters of such county, city,
or district.
(3) To require counties, cities, special districts and
other political subdivisions to discharge sewage collected by such entities from any portion of the metropolitan area which can drain by gravity flow into such
metropolitan facilities as may be provided to serve such
areas when the metropolitan council shall declare by
resolution that the health, safety, or welfare of the people within the metropolitan area requires such action.
(4) To fix rates and charges for the use of metropolitan water pollution abatement facilities, and to expend
the moneys so collected for authorized water pollution
abatement activities.
(5) To establish minimum standards for the construction of local water pollution abatement facilities and to
approve plans for construction of such facilities by
component counties or cities or by special districts,
which are connected to the facilities of the metropolitan
municipal corporation. No such county, city, or special
district shall construct such facilities without first securing such approval.
35.58.272
(6) To acquire by purchase, condemnation, gift, or
grant, to lease, construct, add to, improve, replac~,. ~e­
pair, maintain, operate and regulate the use of fac1hties
for the local collection of sewage .or storm water in
portions of the metropolitan area not contained within
any city or special district operating local public sewer
facilities and, with the consent of the legislative body of
any such city or special district, to exercise such powers
within such city or special district and for such purpose
to have all the powers conferred by law upon such city
or special district with respect to such local collection
facilities: Provided, That such consent shall not be required if the department of ecology certifies that a water pollution problem exists within any such city or
special district and notifies the city or special district to
correct such problem and corrective construction of
necessary local collection facilities shall not have been
commenced within one year after notification. All costs
of such local collection facilities shall be paid for by the
area served thereby.
(7) To participate fully in federal and state programs
under the federal water pollution control act (86 Stat.
816 et seq., 33 U.S.C. 1251 et seq.) and to take all actions necessary to secure to itself or its component
agencies the benefits of that act and to meet the requirements of that act, including but not limited to the
following:
(a) authority to develop and implement such plans as
may be appropriate or necessary under the act.
(b) authority to require by appropriate regulations
that its component agencies comply with all effluent
treatment and limitation requirements, standards of
performance requirements, pretreatment requirements,
a user charge and industrial cost recovery system conforming to federal regulation, and all conditions of national permit discharge elimination system permits
issued to the metropolitan municipal corporation or its
component agencies. Adoption of such regulations and
compliance therewith shall not constitute a breach of
any sewage disposal contract between a metropolitan
municipal corporation and its component agencies nor
a defense to an action for the performance of all terms
and conditions of such contracts not inconsistent with
such regulations and such contracts, as modified by
such regulations, shall be in all respects valid and enforceable. [1975 c 36 § l; 1974 ex.s. c 70 § 6; 1971 ex.s.
c 303 § 7; 1965 c 7 § 35.58.200. Prior: 1957 c 213 § 20.]
35.58.272 Public transportation systems--Definitions. "Municipality" as used in RCW 35.58.272
through 35.58.279, as now or hereafter amended, and in
RCW 36.57.080, 36.57.100, 36.57.110, 35.58.2721, 35.58.2794, and chapter 36.57 A RCW, means any metropolitan municipal corporation which shall have been
authorized to perform the function of metropolitan
public transportation; any county performing the public
transportation function as authorized by RCW 36.57.100 and 36.57 .110 or which has established a county
transportation authority pursuant to chapter 36.57
RCW; any public transportation benefit area established pursuant to chapter 36.57 A RCW; and any city,
11975 RCW Supp--p 327)
Title 35:
35.58.272
Cities and Towns
which is not located within the boundaries of a metropolitan municipal corporation, county transportation
authority. or public transportation benefit area, and
which owns, operates or contracts for the services of a
publicly owned or operated system of transportation:
Provided. That the term "municipality" shall mean in
respect to any county performing the public transportation function pursuant to RCW 36.57.100 and 36.57.110
only that portion of the unincorporated area lying
wholly within such unincorporated transportation benefit area.
"Motor vehicle" as used in RCW 35.58.272 through
35.58.279, as now or hereafter amended, shall have the
same meaning as in RCW 82.44.010.
"County auditor" shall mean the county auditor of
any county or any person designated to perform the
duties of a county auditor pursuant to RCW 82.44.140.
"Person" shall mean any individual, corporation,
firm, association or other form of business association.
[1975 1st ex.s. c 270 § 1; 1969 ex.s. c 255 § 7.]
Severability--1975 1st ex.s. c 270: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1975 !st ex.s.
c 270 § 30.)
Effective date-1975 1st ex.s. c 270: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect July I, 1975." (1975 !st ex.s. c 270 §
31.)
Construction--1969 ex.s. c 255: "The powers and authority conferred upon municipalities under the provisions of this 1969 act shall
be in addition to and supplemental to powers or authority conferred
by any other law, and nothing contained herein limits any other
power or authority of such municipalities." [1969 ex.s. c 255 § 21.)
Severability--1969 ex.s. c 255: "If any provision of this 1969 act,
or its application to any municipality, person or circumstance is held
invalid, the remainder of this 1969 act or the application of the provisions to other municipalities, persons or circumstances is not affected." (1969 ex.s. c 255 § 22.)
Contracts between political subdivisions for services and use of public
transportation systems: RCW 39.33.050.
35.58.2721 Public transportation systems--Authority of municipalities to acquire, operate, etc.--Indebtedness--Bond issues. In addition to any other
authority now provided by law, and subject only to
constitutional limitations, the governing body of any
municipality shall be authorized to acquire, construct,
operate, and maintain a public transportation system
and additions and betterments thereto, and to issue
general obligation bonds for p~blic mass transportation
capital purposes including but not limited to replacement of equipment: Provided, That the general indebtedness incurred under this section when considered
together with all the other outstanding general indebtedness of the municipality shall not exceed the amounts
of indebtedness authorized by chapter 39.36 RCW and
chapter 35.58 RCW, as now or hereafter amended, to
be incurred without and with the assent of the voters.
Upon July 1, 1975 any such municipality is authorized to pledge that the taxes authorized, levied and collected to pay or secure the payment of any bonds issued
after July 1, 1975 for authorized public transportation
(1975 RCW
Sup~
3281
purposes shall continue to be levied, collected and applied until such bonds shall have been paid or sufficient
funds for such payment shall have been duly provided
and irrevocably set aside by the issuer for such payment. If any of the revenue from any tax or surcharge
authorized by this or any other chapter shall have been
pledged to secure the payment of any bonds as herein
authorized, then as long as that pledge shall be in effect
the legislature shall not withdraw the authority to levy
and collect the tax. Any municipality is authorized to
pledge for the payment or security of the principal of
and interest on any bonds issued for authorized public
transportation purposes all or any portion of any taxes
authorized to be levied by the issuer, including, but not
limited to, the local sales and use tax authorized pursuant to RCW 82.14.045 and *section 6 of this 1975
amendatory act, as now or hereafter amended, and not
more than ten percent of the motor vehicle excise taxes
levied and collected pursuant to RCW 35.58.273: Provided, That such ten percent limitation shall not apply
to any bonds outstanding on July 1, 1975. [1975 1st
ex.s. c 270 § 7.]
*Reviser's note: "section 6 of this 1975 amendatory act" constituted
the amendment to RCW 82.14.045 by 1975 !st ex.s. c 270 § 6.
Severability--EH'ective date-1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
35.58.273 Public transportation systems--Motor
vehicle excise tax authorized--Credits--Public
hearing on route and design. On or after July 1, 1971,
any municipality is authorized to levy and collect a
special excise tax not exceeding one percent on the fair
market value of every motor vehicle owned by a resident of such municipality for the privilege of using such
motor vehicle provided that in no event shall the tax be
less than one dollar and, subject to the provisions of
subsection (2) of RCW 82.44.150, the amount of such
tax shall be credited against the amount of the excise
tax levied by the state under RCW 82.44.020: Provided,
That before utilization of any excise tax moneys collected under authorization of this section for acquisition
of right of way or construction of a mass transit facility
on a separate right of way the municipality shall adopt
rules affording the public an opportunity for "corridor
public hearings" and "design public hearings" as herein
defined, which rule shall provide in detail the procedures necessary for public participation in the following
instances: (a) prior to adoption of location and design
plans having a substantial social, economic or environmental effect upon the locality upon which they are to
be constructed or (b) on such mass rapid transit systems
operating on a separate right of way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules the
municipality shall adhere to the provisions of the Administrative Procedure Act.
A "corridor public hearing" is a public hearing that:
(a) is held before the municipality is committed to a
specific mass transit route proposal, and before a route
location is established; (b) is held to afford an opportunity for participation by those interested in the determination of the need for, and the location of, the mass
Metropolitan Municipal Corporations--Public Transportation
rapid transit system; (c) provides a public_ forum that
affords a full opportunity for presentmg views on the
mass rapid transit system route location, and the soc~al,
economic and environmental effects on that locat10n
and alternate locations; Provided, That such hearing
shall not be deemed to be necessary before adoption of
an overall mass rapid transit system plan by a vote of
the electorate of the municipality.
A "design public hearing" is a public hearing that:
(a) is held after the location is established but before
the design is adopted; and (b) is held to afford an opportunity for participation by those interested in the
determination of major design features of the mass
rapid transit system; and (c) provides a public forum to
afford a full opportunity for presenting views on the
mass rapid transit system design, and the social, economic, environmental effects of that design and alternate designs. [ 1969 ex.s. c 255 § 8.]
Reviser's note: The purported amendment to this section to take
effect June 30, 1981, was repealed by 1975 !st ex.s. c 270 § 28.
35.58.2731 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
35.58.274 Public transportation systems--Motor
vehicles exempt from tax. Any vehicle for which an excise tax is payable under RCW 82.44.030 and RCW 82.44.070 shall be exempt from the tax imposed by RCW
35.58.273. [1969 ex.s. c 255 § 9.]
Reviser's note: The statute providing for the expiration of this section on June 30, 1981, was repealed by 1975 !st ex.s. c 270 § 28.
35.58.275 Public transportation systems--Provisions of motor vehicle excise tax chapter applicable. The
schedule and basis for the excise tax imposed under
RCW 35.58.273 shall be as provided in RCW 82.44.040
and RCW 82.44.050. Penalties, receipts, abatements, refunds and all other similar matters relating to the tax
shall be as provided in chapter 82.44 RCW. [1969 ex.s.
c 255 § 10.]
Reviser's note: The statute providing for the expiration of this section on June 30, 1981, was repealed by 1975 !st ex.s. c 270 § 28.
35.58.276 Public transportation systems--When
tax due and payable-Collection. The excise tax authorized by RCW 35.58.273 shall be due and payable as
set forth in RCW 82.44.060 and shall be collected by
the county auditor of the county or counties in which
such municipality is located or by a designee of the director under RCW 82.44.140, and remitted to the state
at no cost to the municipality imposing the tax. [ 1971
ex.s. c 199 § 1; 1969 ex.s. c 255 § 11.]
35.58.2791
municipality shall be credited ~gainst the ~mount of the
tax the auditor would otherwise be reqmred to collect
and pay over to the director of motor vehicles for ultimate distribution to the general fund under chapter 82.44 RCW. [1969 ex.s. c 255 § 12.]
Reviser's note: The statute providing for the expiration of this section on June 30, 1981, was repealed by 1975 !st ex.s. c 270 § 28.
35.58.278 Public transportation systems--Distribution of tax. Distribution of the special excise taxes
paid into the general fund on behalf of any mu~icipa~i­
ty shall be made to such municipality as provided m
RCW 82.44.150, as now or hereafter amended. [ 1975 1st
ex.s. c 270 § 2; 1974 ex.s. c 54 § l; 1969 ex.s. c 255 §
13.]
Severability-Etfective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Severability-Construction-Transitional sections---Effective
dates---1974 ex.s. c 54: See notes following RCW 82.44.070.
35.58.279 Public transportation systems--Crediting and use of tax revenues. All taxes levied and collected under RCW 35.58.273 shall be credited to a
special fund in the treasury of the municipality imposing such tax. Such taxes shall be levied and used solely
for the purpose of paying all or any part of the cost of
acquiring, constructing, equipping or operating a publicly owned mass transportation system, or contracting
for the services thereof, or to pay or secure the payment
of all or part of the principal of or interest on any general obligation bonds or revenue bonds issued for public transportation capital purposes and until withdrawn
for use, the moneys accumulated in such fund or funds
may be invested by the treasurer of such municipality
in the manner authorized by the legislative body of the
municipality.
If any of the revenue from any such special excise tax
shall have been pledged by any municipality to secure
the payment of any bonds as herein authorized, then as
long as that pledge shall be in effect the legislature shall
not withdraw from the municipality the authority to
levy and collect the tax. Upon the effective date of this
1969 act any municipality is authorized to pledge that
the tax authorized by RCW 35.58.273 shall be levied,
collected and applied as provided in this 1969 act to
pay or secure the payment of any bonds issued by such
municipality after such effective date for authorized
public transportation purposes. [1969 ex.s. c 255 § 14.]
Reviser's note: The statute providing for the expiration of this section on June 30, 1981, was repealed by 1975 !st ex.s. c 270 § 28.
Reviser's note: (!)The purported amendment to this section to take
effect June 30, 1981, was repealed by 1975 !st ex.s. c 270 § 28.
(2) "this 1969 act" consists of RCW 35.58.272-35.58.2792, 35.95.010
and 35.95.020, 39.33.050, 82.04.050, 82.04.190, 82.04.280 and
82.44.150.
The effective date of 1969 ex.s. c 255 was August 11, 1969.
35.58.277 Public transportation systems--Remittance of tax by county auditor. When remitting license
fee receipts to the state pursuant to RCW 82.44.110, the
county auditor shall at the same time remit the special
excise taxes collected for the municipality and, subject
to the provisions of subsection (2) of RCW 82.44.150,
the sum so collected and paid over on behalf of the
35.58.2791 Public transportation systems--Internal
combustion equipment to comply with pollution control
standards. No new internal combustion powered equipment shall be acquired with funds derived from the
taxes levied and collected under RCW 35.58.273 or with
funds derived from general obligation bonds wholly or
partially secured by the taxes levied and collected under
[1975 RCW Supp--p 3291
35.58.2791
Title 35:
Cities and Towns
RC\\' 35.58.273 unless they meet the standards for control of pollutants emitted. by internal combustion engines as determined by the state air pollution control
hoard. which standards shall not be less than those re~uired by similar federal standards. [ 1969 ex.s. c 255 §
19.]
Reviser's note: The purported amendment to this section to take
effect June 30, 1981, was repealed by 1975 1st ex.s. c 270 § 28.
35.58.2792 Public transportation systems--Parking
facilities to be in conjunction with system stations or
transfer facilities. The construction of parking facilities
to be wholly or partially financed with funds derived
from the taxes levied and collected under RCW 35.58.273 or with funds derived from general obligation
bonds wholly or partially secured by taxes levied and
collected under RCW 35.58.273 shall be in conjunction
with and adjacent to public transportation stations or
transfer facilities. [ 1969 ex.s. c 255 § 20.]
Reviser's note: The purported amendment to this section to take
effect June 30, 1981, was repealed by 1975 1st ex.s. c 270 § 28.
.35.5~.~793 Repealed. See Supplementary Table of
D1spos1t1on of Former RCW Sections, this volume.
35.58.2794 Public transportation systems--Research, testing, development, etc., of systems--Powers
to comply with federal laws. Any city, county, public
transportation benefit area authority, county transportation authority, or metropolitan municipal corporation
operating a public transportation system shall be authorized to conduct, contract for, participate in and
support research, demonstration, testing and development of public transportation systems, equipment and
use incentives and shall have all powers necessary to
comply with any criteria, standards, and regulations
which may be adopted under the urban mass transportation act (78 Stat. 302 et seq., 49 U.S.C. 1601 et seq.)
and to take all actions necessary to meet the requirements of that act. Any county in which a county transportation authority or public transportation benefit area
shall have been established and any metropolitan municipal corporation which shall have been authorized to
perform the function of metropolitan public transportation shall have, in addition to such powers, the authority to prepare, adopt and carry out a comprehensive
transit plan and to make such other plans and studies
and to perform such programs as the governing body of
the county authority public transportation benefit area
authority or metropolitan municipal corporation shall
deem necessary to implement and comply with said
federal act. [1975 lst ex.s. c 270 § 8.]
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Chapter 35.77
STREETS--PLANNING, ESTABLISHMENT,
CONSTRUCTION, AND MAINTENANCE
Sections
35.77.0IO
Perpetual advanced plans for coordinated street program-Six year program for arterial street construction-Expenditures-Bicycle, pedestrian and
equestrian funds, expenditures.
35.77.010 Perpetual advanced pJans for coordinated
street program--Six year program for arterial street
construction--Expenditures--Bicycle, pedestrian
and equestrian funds, expenditures. (1) Prior to July I,
1968, the legislative body of each city and town, pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive street program for the
ensuing six calendar years and shall file the same with
the director of highways not more than thirty days after
its adoption. Annually thereafter the legislative body of
each city and town shall review the work accomplished
under the program and determine current city street
needs. Based on these findings each such legislative
body shall prepare and after public hearings thereon
adopt a revised and extended comprehensive street program, and each one year extension and revision shall be
filed with t.he director of highways not more than thirty
days after its adoption. The purpose of this section shall
be to assure that perpetually each city and town shall
have available advanced plans, looking to the future for
not less than six years as a guide in carrying out a coordinated street construction program. Such program
~ay at any time ~e revised by a majority of the legislative .body of a city or town, but only after a public
hearmg.
The six year program of each city lying within an urban ~rea shall contain a separate section setting forth
the six year program for arterial street construction
based up?n its long range construction plan and formula.ted m accordance with regulations of the urban
artenal board. The six year program for arterial street
construction shall be submitted to the urban arterial
board for~hwi~h after its annual revision and adoption
by the le.g1slat1ve body of the city. The six year program
for artenal street co.nstruction shall be based upon estim.ated revenue~ ~va1lable for such construction together
with such additional sums as the legislative authority
m~y request for urban arterials only from the urban artenal trust account for the six year period. The arterial
stre.et construction program shall provide for a more
rapid rate of completion of the long range construction
needs of majo.r arterial streets than for secondary and
collector artenal streets, pursuant to regulations of the
urban arterial board.
(2) On and afte~ July 1.' 1976 each six year program
forward~d to t~e duector m compliance with subsection
(1) of this section shall contain information as to how a
city or t~wn will expend its moneys, including funds
made availabl~ pursuant to chapter 47.30 RCW, for bicycle, pedestnan, and equestrian purposes. [1975 l st
ex.s. c 215 § l; 1967 ex.s. c 83 § 27; 1965 c 7 § 35.77.010. Prior: 1961 c 195 § 2.]
Severability--1967 ex.s. c 83: See RCW 47.26.900.
[1975 RCW Supp--p 330[
Urban Renewal Law
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Joint planning of urban arterial development: RCW 47.26.230.
Long range arterial construction plans, counties and cities to prepare:
RCW 47.26.170.
Perpetual advanced plan for coordinated county road program: RCW
36.81.121.
Priority projects to be selected in preparation of six year program:
RCW 47.26.220.
Urban arterial board: Chapter 47.26 RCW.
Chapter 35.81
URBAN RENEW AL LAW
Sections
35.81.010
Definitions.
35.81.010 Definitions. The following terms wherever
used or referred to in this chapter, shall have the following meanings, unless a different meaning is clearly
indicated by the context:
(I) "Agency" or "urban renewal agency" shall mean
a public agency created by RCW 35.81.160.
(2) "Blighted area" shall mean an area which, by
reason of the substantial physical dilapidation, deterioration, defective construction, material, and arrangement and/or age or obsolescence of buildings or
improvements, whether residential or nonresidential, inadequate provision for ventilation, light, proper sanitary
facilities, or open spaces as determined by competent
appraisers on the basis of an examination of the building standards of the municipality; inappropriate or
mixed uses of land or buildings; high density of population and overcrowding; defective or inadequate street
layout; faulty lot layout in relation to size, adequacy,
accessibility or usefulness; excessive land coverage; insanitary or unsafe conditions; deterioration of site; diversity of ownership; tax or special assessment
delinquency exceeding the fair value of the land; defective or unusual conditions of title; improper subdivision
or obsolete platting; or the existence of conditions
which endanger life or property by fire or other causes,
or any combination of such factors, is conducive to ill
health, transmission of disease, infant mortality, juvenile delinquency and crime; substantially impairs or arrests the sound growth of the city or its environs,
retards the provision of housing accommodations or
constitutes an economic or social liability, and/or is
detrimental, or constitutes a menace, to the public
health, safety, welfare, and morals in its present condition and use.
(3) "Bonds" shall mean any bonds, notes, or debentures (including refunding obligations) herein authorized to be issued.
(4) "Clerk" shall mean the clerk or other official of
the municipality who is the custodian of the official records of such municipality.
(5) "Federal government" shall include the United
States of America or any agency or instrumentality,
corporate or otherwise, of the United States of America.
(6) "Local governing body" shall mean the council or
other legislative body charged with governing the
municipality.
35.81.010
(7) "Mayor" shall mean the chief executive of a city,
town, or class AA county or the board of commissioners of any county.
(8) "Municipality" shall mean any incorporated city
or town, or any county, in the state.
(9) "Obligee" shall include any bondholder, agent or
trustees for any bondholders, or lessor demising to the
municipality property used in connection with an urban
renewal project, or any assignee or assignees of such
lessor's interest or any part thereof, and the federal
government when it is a party to any contract with the
municipality.
(10) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock
association, or school district; and shall include any
trustee, receiver, assignee, or other person acting in a
similar representative capacity.
(11) "Public body" shall mean the state or any municipality, township, board, commission, district, or any
other subdivision or public body of the state.
(12) "Public officer" shall mean any officer who is in
charge of any department or branch of the government
of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in
the municipality.
(13) "Real property" shall include all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection
therewith, and every estate, interest, right and use, legal
or equitable, therein, including terms for years and liens
by way of judgment, mortgage or otherwise.
(14) "Redevelopment" may include (a) acquisition of
a blighted area or portion thereof; (b) demolition and
removal of buildings and improvements; (c) installation, construction or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary
for carrying out in the area the urban renewal provisions of this chapter in accordance with the urban renewal plan, and (d) making the land available for
development or redevelopment by private enterprise or
public agencies (including sale, initial leasing, or retention by the municipality itself) at its fair value for uses
in accordance with the urban renewal plan.
(15) "Rehabilitation" may include the restoration and
renewal of a blighted area or portion thereof, in accordance with an urban renewal plan, by (a) carrying
out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b) acquisition of real property and demolition
or removal of buildings and improvements thereon
where necessary to eliminate unhealthful, insanitary or
unsafe conditions, lessen density, reduce traffic hazards,
eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the
spread of blight or deterioration, or to provide land for
needed public facilities; (c) installation, construction or
reconstruction of streets, utilities, parks, playgrounds,
and other improvements necessary for carrying out in
the area the urban renewal provisions of this chapter;
and (d) the disposition of any property acquired in such
urban renewal area (including sale, initial leasing, or
11975 RCW Supp--p 331)
35.81.010
Title 35:
Cities and Towns
retention by the municipality itself) at its fair value for
uses in accordance with such urban renewal plan.
(16) "Urban renewal area" means a blighted area
which the local governing body designates as appropriate for an urban renewal project or projects.
( 17) "Urban renewal plan" means a plan, as it exists
from time to time. for an urban renewal project, which
plan (a) shall conform to the comprehensive plan or
parts thereof for the municipality as a whole; and (b)
shall be sufficiently complete to indicate such land acquisition. demolition. and removal of structures, redevelopment. improvements. and rehabilitation as may be
proposed to be carried out in the urban renewal area,
zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's
relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation. public utilities, recreational and community
facilities, and other public improvements.
(18) "Urban renewal project" may include undertakings or activities of a municipality in an urban renewal
area for the elimination and for the prevention of the
development or spread of blight, and may involve redevelopment in an urban renewal area, or rehabilitation in
an urban renewal area, or any combination or part
thereof in accordance with an urban renewal plan.
[1975 c 3 § I; 1971 ex.s. c 177 § 6; 1965 c 7 § 35.81.010.
Prior: I 957 c 42 § I.]
Chapter 35.86
OFF-STREET PARKING FACILITIES
Sections
35.86.010
35.86.040
Space and facilities authorized.
Operation-Leasing.
35.86.010 Space and facilities authorized. Cities of
the first, second, and third classes are authorized to
provide off-street parking space and facilities located
on land dedicated for park or civic center purposes, or
on other municipally-owned land where the primary
purpose of such off-street parking facility is ~o. provide
parking for persons who use such park or CIVIC center
facilities. In addition a city may own other off-street
parking facilities and operate them in accordance with
RCW 35.86A. l 20. [I 975 I st ex.s. c 22 I § I; I 967 ex.s. c
144 § 13; 1965 c 7 § 35.86.010. Prior: 1961 c 186 § I;
1959 c 302 § I.]
Severability--1975 1st ex.s. c 221: "If any provision of this 1975
amendatory act, or its application to any person. or_ circumstance is
held invalid, the remainder of the act, or the application of the prov1·
sion to other persons or circumstances is not affected." [1975 1st ex.s.
c221§5.)
Severability--1967 ex.s. c 144: See note following RCW
36.98.030.
Off-street parking space and facilities in towns: RCW 35.27.550-35.27.600.
Public parks in or beneath off-street parking space or facilitiesRevenue bond financing-Special funds-Use of off-street and
on-street parking revenues: RCW 35.41.010.
35.86.040 Operation--Leasing. Such cities are authorized to establish the method of operation of offstreet parking space and/or facilities by ordinance,
f1975 RCW Supp-----p 332)
which may include leasing or municipal operation.
[1975 lstex.s.c221 §2; !969ex.s.c204§ 13; 1965c7
§ 35.86.040. Prior: 1959 c 302 § 4.]
Severability-1975 1st ex.s. c 221: See note following RCW
35.86.010.
Severability--1969 ex.s. c 204: See note following RCW
35.86A.OIO.
Chapter 35.86A
OFF-STREET PARKING--PARKING
COMMISSIONS
Sections
35.86A.070 Powers and authority of parking commission.
35.86A.120 Operation of parking facilities by cities prohibitedExceptions-Bid requirements and procedure.
35.86A.070 Powers and authority of parking commission. The parking commission is authorized and empowered, in the name of the municipality by resolution
to:
(I) Own and acquire property and property rights by
purchase, gift, devise, or lease for the con.structi~~·
maintenance, or operation of off-street parkmg facilities, or for effectuating the purpose of this chapter; and
accept grants-in-aid, including compliance with conditions attached thereto;
(2) Construct, maintain, and operate off-street parking facilities located on land dedicated for park or civic
center purposes, or on other municipally-owned land
where the primary purpose of such off-street parking
facility is to provide parking for persons who use such
park or civic center facilities, and undertake research,
and prepare plans incidental thereto subject to applicable statutes and charter provisions for municipal purchases, expenditures, and improvements; and in
addition may own other off-street parking facilities and
operate them in accordance with RCW 35.86A.120:
Provided, That the provisions of chapter 35.86 RCW as
now or hereafter amended shall not apply to such construction, operation or maintenance;
(3) Establish and collect parking fees, make exemption for handicapped persons, lease space for commercial, store, advertising or automobile accessory
purposes, and regulate prices and service charges, for
use of and within and the aerial space over parking facilities under its control;
(4) Subject to applicable city civil service provisions,
provide for the appointment, removal and control of
officers and employees, and prescribe their duties and
compensation, and to control all equipment a.nd property under the commission's jurisdiction;
(5) Contract· with private persons and organizations
for the management and/or operation of parking facilities under its control, and services related thereto, including leasing of such facilities or portions thereof;
(6) Cause construction of parking facilities as a condition of an operating agreement or lease, derived
through competitive bidding, or in the manner authorized by chapter 35.42 RCW;
(7) Execute and accept instruments, including deeds,
necessary or convenient for the carrying on of its business; acquire rights to develop parking facilities over or
Chapter 35.95
Public Transportation--Financing
under city property; and to contr?ct_ t~ ~perate and
manage parking facilities under the JUrtsd1ct10n of oth~r
city departments or divisions and of other publtc
bodies;
(8) Determine the need for and recommend to the
city council:
(a) The establishment of local improvement districts
to pay the cost of parking facilities or any part thereof;
(b) The issuance of bonds or other financing by the
city for construction of parking facilities;
(c) The acquisition of property and property rights by
condemnation from the public, or in street areas;
(9) Transfer its control of property to the city and
liquidate its affairs, so long as such transfer does not
contravene any covenant or agreement made with the
holders of bonds or other creditors; and
(IO) Require payment of the excise tax hereinafter
provided. The city shall not have any power to regulate
parking facilities not owned by the city. Parking fees for
parking facilities under the control of the parking commission shall be maintained commensurate with and
neither higher nor lower than prevailing rates for parking charged by commercial operators in the general
area. [1975 !st ex.s. c 221 § 3; 1969 ex.s. c 204 § 7.]
Severability-1975 1st ex.s. c 221: See note following RCW
35.86.010.
35.86A.120 Operation of parking facilities by cities
prohibited--Exceptions--Bid requirements and procedure. Except for off-street park and civic center
parking facilities, as provided in RCW 35.86.010 and
35.86A.070, no city shall operate off-street parking facilities but shall call for sealed bids from responsible,
experienced private operators of such facilities for the
operation thereof. The call for bids shall specify the
terms and conditions under which the facility will be
leased for private operation. The call for bids shall
specify the time and place at which the bids will be received and the time and when the same will be opened,
and such call shall be advertised once a week for two
successive weeks before the time fixed for the filing of
bids in a newspaper of general circulation in the city.
The competitive bid requirements of this section shall
not apply in any case where such a city shall grant a
long-term negotiated lease of any such facility to a private operator on the condition that the tenant-operator
shall construct a substantial portion of the facility or
the improvements thereto, which construction and/or
improvements shall become the property of the city on
expiration of the lease. If no bid is received for the operation of such an off-street parking facility, or if the
bids received are not satisfactory, the legislative body of
the city may reject such bids and shall readvertise the
facility for lease. In the event that no bids or no satisfactory bids shall have been received following the second advertising, the city may negotiate with a private
operator of the operation of the facility without competitive bidding. In the event the city shall be unable to
negotiate for satisfactory private operation within a
reasonable time, the city may operate the facility for a
period not to exceed three years, at which time it shall
readvertise as provided above in this section. [ 1975 1st
ex.s. c 221 § 4; 1969 ex.s. c 204 § 12.]
Severability-1975 1st ex.s. c 221: See note following RCW
35.86.010.
Chapter 35.92
MUNICIPAL UTILITIES
Sections
35.92.022
35.92.023
Solid waste--Collection and disposal-Processing
and conversion into products-Sale.
Solid waste--Compliance with chapter 70.95 RCW
required.
35.92.022 Solid waste--Collection and disposal--Processing and conversion into products--Sale.
A city or town may construct, condemn, purchase, acquire, add to, and extend systems and plants for the
collection and disposal of solid waste and for its processing and conversion into other valuable or useful
products with full jurisdiction and authority to manage,
regulate, maintain, operate and control such systems
and plants, and to enter into agreements providing for
the maintenance and operation of systems and plants
for the processing and conversion of solid waste and for
the sale of said products under such terms and conditions as may be determined by the legislative authority
of said city or town: Provided however, That no such
solid waste processing and conversion plant now in existence or hereafter constructed may be condemned:
Provided further, That contracts relating to the processing and conversion of solid waste into valuable and
useful products and the sale thereof shall take place
only after receipt of competitive written offerings by
such city or town subject to final approval by the legislative authority of such city or town: And be it further
provided, That after the award of such processing, conversion or sale contract all competitive offerings and
other documentary material considered in connection
therewith shall become matters of public record.
Agreements relating to systems and plants for the
processing and conversion of solid wastes to useful products and agreements relating to sale of such products
shall be in compliance with RCW 35.21.120 and shall
be entered into only after public advertisement and
evaluation of competitive offerings. [1975 !st ex.s. c 208
§ 2.]
35.92.023 Solid waste-Compliance with chapter
70.95 RCW required. See RCW 35.21.154.
Chapter 35.95
PUBLIC TRANSPORTATI ON SYSTEMS IN
CITIES AND METROPOLITAN MUNICIPAL
CORPORATIO NS-FINANCING
Sections
35.95.020
35.95.040
Definitions.
Levy and collection of excise taxes authorized-Business and occupation tax-Excise tax on residents--Appropriation and use of proceeds-Voter
approval.
[1975 RCW Supp--p 333)
35.95.020
Title 35:
Cities and Towns
35.95.020 Definitions. The following terms however
used or referred to in this chapter, shall have the following meanings. unless a different meaning is required
hy the context:
( 1) "Corporate authority" shall mean the council or
other legislative body of a municipality.
(2) "Municipality" shall mean any incorporated city,
town. county pursuant to RCW 36.57.100 and 36.57.110, any county transportation authority created pursuant to chapter 36.57 RCW, any public transportation
benefit area created pursuant to chapter 36.57A RCW,
or any metropolitan municipal corporation created pursuant to RCW 35.58.010, et seq: Provided, That the
term "municipality" shall mean in respect to any county performing the public transportation function pursuant to RCW 36.57.100 and 36.57.110 only that portion
of the unincorporated area lying wholly within such
unincorporated transportation benefit area.
(3) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock
association, school district or political subdivision of.the
state. fraternal, benevolent, religious or charitable society. club or organization, and shall include any trustee,
receiver. assignee, or other person acting in a similar
representative capacity. The term "person" shall not be
construed to include the United States nor the state of
Washington. [ 1975 1st ex.s. c 270 § 3; 1969 ex.s. c 255 §
2; 1967 ex.s. c 145 § 65; 1965 ex.s. c 111 § 2.]
Severability--Elfective date-1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Severability-Construction--1969 ex.s. c 255: See notes following RCW 35.58.272.
35.95.040 Levy and collection of excise taxes authorized--Business and occupation tax--Excise tax on
residents--Appropriation and use of proceeds-Voter approval. The corporate authorities of a municipality are authorized to adopt ordinances for the levy
and collection of excise taxes and/or for the imposition
of an additional tax for the act or privilege of engaging
in business activities. Such business and occupation tax
shall be imposed in such amounts as fixed and determined by the corporate authorities of the municipality
and shall be measured by the application of rates
against value of products, gross proceeds of sales, or
gross income of the business, as the case may be. The
terms "business", "engaging in business", "gross proceeds of sales", and "gross income of the business"
shall for the purpose of this chapter have the same
meanings as defined and set ·forth in chapter 82.04
RCW or as said chapter may hereafter be amended.
The excise taxes other than the business and occupation tax above provided for shall be levied and collected
from all persons within the municipality in such
amounts as shall be fixed and determined by the corporate authorities of the municipality: Provided, That
such excise tax shall not exceed one dollar per month
for each housing unit. For the purposes of this section,
the term "housing unit" shall mean a building or portion thereof designed for or used as the residence or
li\'ing quarters of one or more persons living together,
or of one family.
(1975 RCW Supp--p 334]
All taxes herein authorized shall be taxes other than a
retail sales tax defined in chapter 82.08 RCW and a use
tax defined in chapter 82.12 RCW. and the municipality
shall appropriate and use the proceeds derived from all
taxes authorized herein only for the operation, maintenance and capital needs of its municipally owned or
leased and municipally operated public transportation
system.
Before any county transportation authority established pursuant to chapter 36.57 RCW or any public
transportation benefit area authority established pursuant to chapter 36.57 A RCW may impose any of the excise taxes authorized pursuant to this section, the
authorization for imposition of such taxes shall be approved by the voters residing within such respective
area.
The county on behalf of an unincorporated transportation benefit area established pursuant to RCW 36.57.100 and 36.57 .110 may impose any of the excise taxes
authorized pursuant to this section only within the
boundaries of such unincorporated transportation benefit area. [1975 1st ex.s. c 270 § 4; 1965 ex. s. c Ill§ 4.J
Severability--Elfective date-1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Title 35A
OPTIONAL MUNICIPAL CODE
Chapters
35A.03 Incorporation as noncharter code city.
35A.04 Incorporation of intercounty area as a noncharter code city.
35A.13 Council-manager plan of government.
35A.14 Annexation by code cities.
35A.2 l Provisions affecting all code cities.
Chapter 35A.03
INCORPORATION AS NON CHARTER CODE
CITY
Sections
35A.03.070 Findings by board of county commissioners--Factors
considered-Establishment of boundaries-Limitation.
35A.03.180 Centerlines of streets, roads or highways as corporate
boundaries-Prohibition--Use of right of way
lines.
35A.03.070 Findings by board of county commissioners--Factors considered--Establishment of boundaries--Limitation. Within five days after the final
hearing on a petition for incorporation the board shall,
subject to RCW 35A.03. l 80, establish and define the
bound~ries of the proposed noncharter code city, being
authorized to decrease, but not increase, the area proposed in the petition when it appears to the board that
a change in the boundaries set by the petition would be
in the best interests of all the inhabitants of the proposed area, based on the considerations set forth in
RCW 35A.03.060. Any such decrease shall not exceed
twenty percent of the area proposed. The board must
Council-Manager Plan of Government
also determine the number of inhabitants within the
boundaries so established: Provided, That the area shall
not be so decreased that the number of inhabitants
therein shall be less than required by RCW 35A.03.010
as now or hereafter amended. [ 1975 I st ex.s. c 220 § 12;
1967 ex.s. c 119 § 35A.03.070.]
Legislative finding, intent--1975 1st ex.s. c 220: See note following RCW 35.02.170.
35A.03.180 Centerlines of streets, roads or highways
as corporate boundaries--Prohibition--Use of right
of way lines. After September 8, 1975, centerlines of
public streets, roads or highways shall not be used to
define any part of a boundary of a city or town in an
incorporation or annexation proceeding. The right of
way line of any public street, road or highway, or any
segment thereof, may be used to define a part of a corporate boundary in an incorporation or annexation
proceeding. [1975 !st ex.s. c 220 § 11.]
Legislative finding, intent--1975 1st ex.s. c 220: See note following RCW 35.02.170.
Centerlines of streets, roads or highways as corporate boundariesRevision by substituting right of way lines: RCW 35A.21.210.
Chapter 35A.04
INCORPORATION OF INTERCOUNTY AREA AS
A NONCHARTER CODE CITY
Sections
35A.04.070 Establishment of boundaries-Limitation-Order.
35A.04.070 Establishment of boundaries--Limitation--Order. If upon final hearing the respective
boards find that any land within their respective counties has been unjustly or improperly included within or
excluded from the proposed corporation, based on the
considerations stated in RCW 35A.04.060, the respective boards may change and fix the boundary lines of
the portion of the proposed corporation within their respective counties in such a manner as they deem reasonable and just and conducive to the public welfare
and convenience: Provided, That when any part of the
area to be incorporated lies within five miles of any city
having a population of fifteen thousand or more, the
area shall not be so decreased that the number of inhabitants therein shall be less than five thousand. No
land shall be so included within the boundaries described in the petition unless each board of county
commissioners of that county in which the area sought
to be included is located first obtains the written assent
of a number of qualified voters resident within each
area to be included in the proposed corporation equal
in number to not less than twenty percent of the votes
cast in that area at the last state election. Within five
days after the final hearing each board of county commissioners shall, for the area within its respective county, by order establish and define the boundaries of the
proposed corporation consistent with RCW 35A.03. l 80,
determine the number of inhabitants residing therein
and affirm the name of the proposed corporation: Provided, That for the action required after the final hearing, the boards may act jointly but in such case a
35A.13.033
majority of each board must vote favorab.ly on su.ch
final action and the order shall be entered m the minutes of each board. [ 1975 l st ex.s. c 220 § 13; 1967 ex.s.
c 119 § 35A.04.070.]
Legislative finding, intent--1975 1st ex.s. c 220: See note following RCW 35.02.170.
Chapter 35A.13
COUNCIL-MANAGER PLAN OF GOVERNMENT
Sections
35A.13.020 Election of councilmen--Eligibility--TermsVacancies-Forfeiture of office-Council
chairman.
35A.13.030 Mayor-Election-Chairman to be mayorDuties.
35A. J3.033 Election on proposition to designate person elected to
position one as chairman-Subsequent holders of
position one to be chairman.
35A.13.020 Election of councilmen--Eligibility--Terms--Vacancies--Forfeiture of office-Council chairman. In council-manager code cities, eligibility for election to the council, the manner of electing
councilmen, the numbering of council positions, the
terms of councilmen, the occurrence and the filling of
vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or
councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040,
35A.12.050, 35A.12.060, and 35A.12.065 relating to the
council of a code city organized under the mayorcouncil plan: Provided, That in council-manager cities
where all council positions are at-large positions, the
city council may, pursuant to RCW 35A.13.033, provide
that the person elected to council position one on or
after September 8, 1975, shall be the council chairman
and shall carry out the duties prescribed by RCW 35A.13.030, as now or hereafter amended. [ 1975 I st ex.s. c
155 §I; 1967 ex.s. c 119 § 35A.13.020.]
35A.13.030 Mayor--Election--Chairman to be
mayor--Duties. Biennially at the first meeting of the
new council the members thereof shall choose a chairman from among their number unless the chairman is
elected pursuant to RCW 35A.13.033. The chairman of
the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to
have all the rights, privileges, and immunities of a
member of the council. The mayor shall be recognized
as the head of the city for ceremonial purposes and by
the governor for purposes of military law. He shall have
no regular administrative duties, but in time of public
danger or emergency, if so authorized by ordinance,
shall take command of the police, maintain law, and
enforce order. [1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119
§ 35A. l 3.030.]
35A.13.033 Election on proposition to designate person elected to position one as chairman-Subsequent
holders of position one to be chairman. The city council
of a council-manager city may by resolution place before the voters of the city, a proposition to designate the
(1975 RCW Supp--p 335)
35A.13.033
Title 35A:
Optional Municipal Code
person elected to council position one as the chairman
of the council with the powers and duties set forth in
RCW 35A.13.030. If a majority of those voting on the
proposition cast a positive vote. then at all subsequent
general elections at which position one is on the ballot,
the person who is elected to position one shall become
the chairman upon taking office. [ 1975 I st ex.s. c 155 §
3.]
Chapter 35A.14
ANNEXATION BY CODE CITIES
Sections
35A.14.015 Election method-Resolution for election----Contents of resolution.
35A.14.050 Decision of the county annexation review boardFiling-Date for election.
35A.14.140 Direct petition method-Ordinance providing for
annexation.
35A.14.700 Determining population of annexed territory-Certificate-As basis for allocation of state funds-Revised certificate.
35A.14.015 Election method--Resolution for election--Contents of resolution. When the legislative
body of a charter code city or noncharter code city
shall determine that the best interests and general welfare of such city would be served by the annexation of
unincorporated territory contiguous to such city, such
legislative body may, by resolution, call for an election
to be held to submit to the voters of such territory the
proposal for annexation. The resolution shall, subject to
RCW 35A.03. l 80, describe the boundaries of the area
to be annexed, state the number of voters residing
therein as nearly as may be, and shall provide that said
city will pay the cost of the annexation election. The
resolution may require that there also be submitted to
the electorate of the territory sought to be annexed a
proposition that all property within the area annexed
shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing city is assessed and taxed to pay for any then
outstanding indebtedness of the city to which said area
is annexed, contracted prior to, or existing at, the date
of annexation. Whenever such city has prepared and
filed a proposed zoning regulation for the area to be
annexed as provided for in RCW 35A.14.330 and 35A.14.340. the resolution initiating the election may also
provide for the simultaneous adoption of the proposed
zoning regulation upon approval of annexation by the
electorate of the area to be annexed. A certified copy of
the resolution shall be filed with the board of county
commissioners of the county in· which said territory is
located. A certified copy of the resolution shall be filed
with the boundary review board as provided for in
chapter 189, Laws of 1967 [chapter 36.93 RCW] or the
county annexation review board established by RCW
35A. l4.200. unless such annexation proposal is within
the provisions of RCW 35A.14.220. [1975 lst ex.s. c 220
§ 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c 119 §
35A.l4.015.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
Severability-1971 ex.s. c 251: RCW 35A.90.050.
(1975 RCW Supp---p 336)
35A.14.050 Decision of the county annexation revirn
board--Filing--Date for election. After consideration of the proposed annexation as provided in RCW
35A. 14.200, the county annexation review board, within
thirty days after the final day of hearing, shall take one
of the following actions:
(l) Approval of the proposal as submitted.
(2) Subject to RCW 35A.03. l 80, modification of the
proposal by adjusting boundaries to include or exclude
territory; except that any such inclusion of territory
shall not increase the total area of territory proposed
for annexation by an amount exceeding the original
proposal by more than five percent: Provided, That the
county annexation review board shall not adjust
boundaries to include territory not included in the original proposal without first affording to residents and
property owners of the area affected by such adjustment
of boundaries an opportunity to be heard as to the
proposal.
(3) Disapproval of the proposal.
The written decision of the county annexation review
board shall be filed with the board of county commissioners and with the legislative body of the city concerned. If the annexation proposal is modified by the
county annexation review board, such modification
shall be fully set forth in the written decision. If the decision of the boundary review board or the county annexation review board is favorable to the annexation
proposal, or the proposal as modified by the review
board, the board of county commissioners, at its next
regular meeting if to be held within thirty days after receipt of the decision of the boundary review board or
the county annexation review board, or at a special
meeting to be held within that period, shall set a date
for submission of such annexation proposal, with any
modifications made by the review board, to the voters
of the territory proposed to be annexed. The question
shall be submitted at a general election if one is to be
held within ninety days, or at a special election called
for that purpose not less than forty-five days nor more
than ninety days after the filing of the decision of the
review board with the board of county commissioners.
If the boundary review board or the county annexation
review board disapproves the annexation proposal, no
further action shall be taken thereon, and no proposal
for annexation of the same territory, or substantially the
same as determined by the board, shall be initiated or
considered for twelve months thereafter. [1975 lst ex.s.
c 220 § 15; 1971 ex.s. c 251 § 7; 1967 ex.s. c 119 §
35A.14.050.]
Legislative finding, intent--1975 1st ex.s. c 220: See note following RCW 35.02.170.
Severability--1971 ex.s. c 251: RCW 35A.90.050.
35A.14.140 Direct petition method--Ordinance
pro_vidi1_1g for annexation: Following the hearing, if the
legislative body determines to effect the annexation,
they shall do so by ordinance. Subject to RCW 35A.03. l 80, the ordinance may annex all or any portion of the
proposed area but may not include in the annexation
any property not described in the petition. Upon passage of the annexation ordinance a certified copy shall
Title 36
Digest of Title
be filed with the board of county commissioners of the
county in which the annexed property is located. [ 1975
1st ex.s. c 220 § 16; 1967 ex.s. c 119 § 35A.14.140.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCW 35.02.170.
35A.14.700 Determining population of annexed territory--Certificate-As basis for allocation of state
funds--Revised certificate. Whenever any territory is
annexed to a code city, a certificate as hereinafter provided shall be submitted in triplicate to the office of
program planning and fiscal management, hereinafter in
this section referred to as "the office", within thirty days
of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the
office shall retain the original copy in its files, and
transmit the second copy to the department of highways and return the third copy to the code city. Such
certificates shall be in such form and contain such information as shall be prescribed py the office. A copy of
the complete ordinance containing a legal description
and a map showing specifically the boundaries of the
annexed territory shall be attached to each of the three
copies of the certificate. The certificate shall be signed
by the mayor and attested by the city clerk. Upon request, the office shall furnish certification forms to any
code city.
Upon approval of the annexation certificate, the
office shall forward to each state official or department
responsible for making allocations or payments to cities
or towns, a revised certificate reflecting the increase in
population due to such annexation. Upon and after the
date of the commencement of the next quarterly period,
the population determination indicated in such revised
certificate shall be used as the basis for the allocation
and payment of state funds to such city or town.
For the purposes of this section, each quarterly period shall commence on the first day of the months of
January, April, July, and October. Whenever a revised
certificate is forwarded by the office thirty days or less
prior to the commencement of the next quarterly period, the population of the annexed territory shall not be
considered until the commencement of the following
quarterly period.
The resident population of the annexed territory shall
be determined by, or under the direction of, the mayor
of the code city. Such population determination shall
consist of an actual enumeration of the population
which shall be made in accordance with practices and
policies, and subject to the approval of the office. The
population shall be determined as of the effective date
of annexation as specified in the relevant ordinance.
Until. an anne~ation certificate is filed and approved
as provided herem, such annexed territory shall not be
considered by the office in determining the population
of such code city. [1975 1st ex.s. c 31 § 2; 1967 ex.s. c
119 § 35A.14.700.]
Chapter 35A.21
PROVISIONS AFFECTING ALL CODE CITIES
Sections
35A.21.210 Centerlines of streets, roads or highways as corporate
boundaries-Revision by substituting right of way
lines.
35A.2 l.210 Centerlines of streets, roads or highways
as corporate boundaries--Revision by substituting
right of way lines. (I) The governing bodies of a county
and any city or town located therein may by agreement
revise any part of the corporate boundary of the city or
town which coincides with the centerline of a public
street, road or highway by substituting therefor a right
of way line of the same public street, road or highway
so as fully to include or fully to exclude that segment of
the public street, road or highway from the corporate
limits of the city or town.
(2) The revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city or town council or
commission and by ordinance or resolution of the
board of county commissioners or county council. [1975
1st ex.s. c 220 § 18.]
Legislative finding, intent-1975 1st ex.s. c 220: See note following RCw' 35.02.170.
Use of centerlines as boundaries in incorporation or annexation proceedings-Prohibition-Use of right of way Jines: RCW
35A.03. J80.
Title 36
COUNTIES
Chapters
36.01 General provisions.
36.16 County officers--General.
36.17 Salaries of county officers.
36.18 Fees of county officers.
36.21 County assessor.
36.22 County auditor.
36.27 Prosecuting attorney.
36.28A Association of sheriffs and police chiefs.
36.32 County commissioners.
36.38 Admissions tax.
36.40 Budget.
36.54 Ferries--County owned--Ferry districts.
36.57 County public transportation authority.
36.57A Public transportation benefit areas.
36.67 Limitation of indebtedness-County bonds.
36.75 Roads and bridges--General provisions.
36.78 Roads and bridges--County road administration board.
36.81 Roads and bridges-Establishment.
36.87 Roads and bridges--Vacation.
36.93 Local governmental organization--Boundaries--Review boards.
36.94 Sewerage, water and drainage systems.
36.95 Television reception improvement districts.
[1975 RCW Supp---p 3371
Title 36:
Chapter 36.01
Counties
Chapter 36.17
SALARIES OF COUNTY OFFICERS
Chapter 36.01
GE'.\IERAL PROVISIONS
Sections
36.01.095
Emergency medical services-Authorized-Fees.
36.01.095 Emergency medical services--Authorized--Fees. Any county may establish a system of
emergency medical service as defined by RCW
18.73.030(11). The county legislative authority may
adopt by resolution procedures to collect reasonable
fees in order to reimburse the county in whole or in
part for its costs of providing such service: Provided,
That any county which provides emergency medical
services supported by an excess levy may waive such
charges for service: Provided further, That whenever
the county legislative authority determines that the
county or a substantial portion of the county is not adequately served by existing private ambulance service,
and existing private ambulance service cannot be encouraged to expand service on a contract basis, the
emergency medical service that is established by the
county shall not be deemed to compete with any existing private ambulance service as provided for in RCW
36.01.100. [1975 !st ex.s. c 147 §I.]
Chapter 36.16
COUNTY OFFICERS-GENERAL
Sections
36.16.138
Liability insurance for officers and employees of municipal corporations and political subdivisions authorized.
36.16.138 Liability insurance for officers and employees of municipal corporations and political subdivisions
authorized. Any board of commissioners, council, or
board of directors or other governing board of any
county, city, town, school district, port district, public
utility district, sewer district, water district, irrigation
district, or other municipal corporation or political subdivision is authorized to purchase insurance to protect
and hold personally harmless any of its commissioners,
council members, directors, or other governing board
members, and any of its other officers, employees, and
agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with,
such institutions and to hold these individuals harmless
from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims,
or proceedings. The purchase of such insurance for any
of the foregoing individuals and the policy limits shall
be discretionary with the municipal corporation or political subdivision, and such insurance shall not be considered to be compensation for these individuals.
The provisions of this section are cumulative and in
addition to any other provision of law authorizing any
municipal corporation or political subdivision to purchase liability insurance. [ 1975 c 16 § I.]
Liability insurance for officers and employees authorized: RCW 28A.58.423, 28B.I0.660, 35.21.205, 52.08.090, 53.08.205, 54.16.095, 56.08./05, 57.08./05 and 87.03.162.
f1975 RCW Supp--p 338)
Sections
36.17.055
Salary adjustment for county legislative authority office-Ratification and validation of preelection
action.
36.17 .055 Salary adjustment for county legislative
authority office--Ratification and validation of preelection action. See RCW 36.40.205.
Chapter 36.18
FEES OF COUNTY OFFICERS
Sections
36.18.020
36.18.040
Clerk's fees.
Sheriff's fees.
36.18.020 Clerk's fees. Clerks of superior courts
shall collect the following fees for their official services:
(1) The party filing the first or initial paper in any
civil action, including an action for restitution, or
change of name, shall pay, at the time said paper is
filed, a fee of thirty-two dollars.
(2) Any party filing the first or initial paper on an
appeal from justice court or on any civil appeal, shall
pay, when said paper is filed, a fee of thirty-two dollars.
(3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this
state, or from the superior court of another county or
from a justice court in the county of issuance, shall pay
at the time of filing, a fee of five dollars.
(4) For the filing of a tax warrant by the department
of revenue of the state of Washington, a fee of five dollars shall be paid.
(5) The party filing a demand for jury of six in a civil
action, shall pay, at the time of filing, a fee of twentyfive dollars; if the demand is for a jury of twelve the fee
shall be fifty dollars. If, after the party files a demand
for a jury of six and pays the required fee, any other
party to the action requests a jury of twelve, an additional twei:ty-five ~ollar fee will be required of the party demanding the increased number of jurors.
(6) For filing any paper, not related to or a part of
any proceeding, civil or criminal, or any probate matter,
required or permitted to be filed in his office for which
no other charge is provided by law, the clerk shall collect two dollars.
(7) For preparing, transcribing or certifying any instrument on file or of record in his office, with or without seal, for the first page or portion thereof, a fee of
two dollars, and for each additional page or portion
thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each
additional seal affixed.
(8) For executing a certificate, with or without a seal,
a fee of two dollars shall be charged.
(9) For the filing of an affidavit for garnishment, a fee
of five dollars shall be charged.
(10) For approving a bond, including justification
thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.
Chapter 36.21
County Assessor
(I I) In probate proceedings, the party instituting such
proceedings, shall pay at the time of filing t~e first paper therein, a fee of thirty-two dollars: Provided, however, A fee of two dollars shall be charged for filing a
will only, when no probate of the will is contemplated.
(12) For filing any petition to contest a will admitted
to probate or a petition to admit a will which has been
rejected, there shall be paid a fee of thirty-two dollars.
(13) For the issuance of each certificate of qualification and each certified copy of letters of administration,
letters testamentary or letters of guardianship there
shall be a fee of two dollars.
(14) For the preparation of a passport application
there shall be a fee of three dollars.
( 15) Upon conviction or plea of guilty or upon failure
to prosecute his appeal from a lower court as provided
by law, a defendant in a criminal case shall be hable for
a fee of thirty-two dollars.
(16) With the exception of demands for jury hereafter
made and garnishments hereafter issued, civil actions
and probate proceedings filed prior to midnight, July I,
1972, shall be completed and governed by the fee
schedule in effect as of January 1, 1972: Provided, That
no fee shall be assessed if an order of dismissal on the
clerk's record be filed as provided by rule of the supreme court.
(17) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to
RCW 26.36.010. [1975 c 30 § 1; 1973 c 16 § 1; 1973 c 38
§ 1. Prior: 1972 ex.s. c 57 § 5; 1972 ex.s. c 20 § l; 1970
ex.s. c 32 § l; 1967 c 26 § 9; 1963 c 4 § 36.18.020; prior:
1961 c 304 § l; 1961c41§1; 1951 c 51 § 5; 1907 c 56
§ 1, part, p 89; 1903 c 151 § 1, part, p 294; 1893 c 130 §
I, part, p 421; Code 1881 § 2086, part, p 355; 1869 p
364 § I, part; 1863 p 391 § 1, part; 1861 p 34 § 1, part;
1854 p 368 § 1, part; RRS § 497, part.]
Effective date--1972 ex.s. c 20: "This act shall take effect July 1,
1972." [1972 ex.s. c 20 § 3.]
36.18.040 Sheriff's fees. Sheriffs shall collect the following fees for their official services: For service of each
summons and complaint, and return thereon, on each
defendant, besides mileage, three dollars;
For making a return of "not found" in the county
upon a summons, besides mileage actually traveled, two
dollars;
For levying each writ of attachment or writ of execution upon real or personal property, besides mileage,
four dollars and fifty cents;
For filing copy of writ of attachment or writ of execution with auditor, three dollars plus auditor's filing
fee;
For chattel mortgage foreclosure (short form), levy
four dollars and fifty cents; posting notice, two dollars;
service of notice, three dollars;
For serving writ of possession or restitution without
aid of the county, besides mileage, four dollars and fifty
cents;
For serving writ of possession or restitution with aid
of the county, besides mileage, seven dollars and fifty
cents;
For service and return of subpoena, upon each person served, besides mileage, one dollar and fifty cents;
For summoning each juror, besides mileage, one dollar and fifty cents;
For serving an arrest warrant in any action or proceeding, besides mileage, six dollars;
For serving or executing any other writ or process in
a civil action or proceeding, besides mileage, three dollars and fifty cents;
For taking and approving any bond, in a civil action
or proceeding, required by law to be taken or approved
by him, except indemnity bonds, three dollars and fifty
cents;
For each mile actually and necessarily traveled by
him in going to or returning from any place of service,
or attempted service, fifteen cents;
For making a deed to lands sold upon execution or
order of sale or other decree of court, to be paid by the
purchaser, nine dollars;
For making copies of papers when sufficient copies
are not furnished, one dollar for first page and fifty
cents per each additional page;
For the service of any process for which no other fee
is provided for herein, three dollars and fifty cents;
For the making of any return for which no other fee
is provided herein, three dollars and fifty cents;
For the execution of any process for which no other
fee is provided herein, six dollars;
For the service of affidavit and bond in replevin,
three dollars and fifty cents for each defendant; approval of bond, three dollars and fifty cents; taking
property, three dollars and fifty cents;
For posting notices of sale, or postponement, three
dollars and fifty cents besides mileage;
For certificate of sale of real property, seven dollars
and fifty cents;
For serving notice of redemption, three dollars and
fifty cents; certificate of redemption, seven dollars and
fifty cents;
For making a return of no property found, two
dollars;
For estray sales, crying sale, three dollars and fifty
cents, besides mileage;
For conducting sale of personal property pursuant to
exemption [execution] or order of sale, five dollars.
[ 1975 1st ex.s. c 94 § 1; 1963 c 4 § 36.18.040. Prior: 1959
c 263 § 8; 1951 c 51 § 6; 1907 c 56 § 1, part, p 91; 1903
c 151 § 1, part, p 294; 1893 c 130 § 1, p 422; Code 1881
§ 2086, part, p 356; 1869 p 364 § 1, part, p 365; 1865 p
94 § 1, part, p 97; 1863 p 391 § 1, part, p 392; 1861 p 34
§ 1, part, p 35; 1854 p 368 § 1, part, p 369; RRS § 497,
part.]
Chapter 36.21
COUNTY ASSESSOR
Sections
36.21.080
New construction building permits-When property
placed on assessment rolls-Destroyed property, reduction in value.
(1975 RCW Supp--p 339)
Title 36:
36.21.080
36.21.080 '.\ew construction building permits-When property placed on assessment rolls--Destroyed
property, reduction in rnlue. (I) The county assessor is
authorized to place an) property under the provisions
of RCW 36.21.040 through 36.21.080 on the assessment
rolls for the purposes of tax levy up to May 3 lst of each
year. The assessed valuation of property under the provisions of RCW 36.21.040 through 36.21.080 shall be
considered as of the April 30th immediately preceding
the date that the property is placed on the assessment
rolls.
(2) If. on or before December 31 in any calendar
year, any real or personal property placed upon the assessment roll of that year is destroyed in whole or in
part. the true cash value of such property shall be reduced for that year by an amount determined as
follows:
(a) First take the true cash value of such taxable
property and deduct therefrom the true cash value of
the remaining property.
(b) Then divide any amount remaining by twelve and
multiply the quotient by the number of months or major fraction thereof remaining after the date of the destruction of the property. [1975 1st ex.s. c 120 § l; 1974
ex.s. c 196 § 7; 1963 c 4 § 36.21.080. Prior: 1955 c 129 §
5.]
Severability-1974 ex.s. c 196: See note following RCW
84.56.020.
Destroyed property. reduction in value, abatement or refund of taxes:
Chapter 84. 70 RCW.
Chapter 36.22
COUNTY AUDITOR
Sections
36.22.050
36.22.090
Issuance of warrants-Multiple warrants.
Warrants of political subdivisions.
36.22.050 Issuance of warrants--Multiple warrants. For claims allowed by the county commissioners,
and also for cost bills and other lawful claims duly approved by the competent tribunal designated by law for
their allowance, he shall draw a warrant on the county
treasurer, made payable to the claimant or his order,
bearing date from the time of and regularly numbered
in the order of their. issue. If there is not sufficient cash
in the county treasury to cover such claims or cost bills,
or if a claimant requests, the auditor may issue a number of smaller warrants, the total principal amounts of
which shall equal the amount of said claim or cost bill.
[1975 c 31 § l; 1969 ex.s. c 87 § l; 1963 c 4 § 36.22.050.
Prior: (i) 1893 c 119 § L part: Code 1881 § 2710, part;
1869 p 310 § 5, part; 1863 p 549 § 5, part; 1854 p 425 §
5, part; RRS § 4086. part. (ii) 1893 c 48 § 2; RRS §
4087.]
36.22.090 Warrants of political subdivisions. All warrants for the payment of claims against diking, ditch,
drainage and irrigation districts and school districts of
the second class. who do not issue their own warrants,
as well as political subdivisions within the county for
which no other provision is made by law, shall be
drawn and issued by the county auditor of the county
(1975 RCW Supp---p 3401
Counties
wherein such subdivision is located upon vouchers
properly approved by the governing body thereof. [ 1975
c 43 § 31; 1973 c 111 § 4; 1963 c 4 § 36.22.090. Prior:
1915 c 74 § I; RRS § 4096.]
Effective date--Severability-1975 c 43: See notes following
RCW 28A.57.140.
Severability-1973 c 111: See note following RCW 28A.60.328.
Chapter 36.27
PROSECUTING ATTORNEY
Sections
36.27.020
36.27.040
Duties.
Appointment of deputies-Special and temporary
deputies.
36.27.020 Duties. The prosecuting attorney shall:
(1) Be legal adviser of the board of county commissioners, giving them his written opinion when required
by the board or the chairman thereof touching any
subject which the board may be called or required to
act upon relating to the management of county affairs;
(2) Be legal adviser to all county and precinct officers
and school directors in all matters relating to their official business, and when required he shall draw up all
instruments of an official nature for the use of said
officers;
(3) Appear for and represent the state, county, and all
school districts subject to the supervisory control and
direction of the attorney general in all criminal and civil
proceedings in which the state or his county or any
school district in his county may be a party;
(4) Prosecute all criminal and civil actions in which
the state or his county may be a party, defend all suits
brought against the state or his county, and prosecute
actions upon forfeited recognizances and bonds and
actions for the recovery of debts, fines, penalties, and
forfeitures accruing to the state or his county;
(5) Attend and appear before and give advice to the
grand jury when cases are presented to it for consideration and draw all indictments when required by the
grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when he has information that
any such offense has been committed and he shall for
that purpose attend when required by them if he is not
then in attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and
take care that no useless witness fees are taxed as part
of the costs and that the officers authorized to execute
process tax no other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before justices of the peace at the trial of which he was not
present, before they are lodged with the board of county commissioners for payment, whereupon he may retax
the same and he must do so if the board of county
commissioners deems any bill exorbitant or improperly
taxed;
36.32.120
County Commissioners
(9) Present all violations of the election laws which
may come to his knowledge to the special consideration
of the proper jury;
( 10) Examine at least once in each year the public
records and books of the auditor, assessor, treasurer,
superintendent of schools, and sheriff of his county and
report to the board of county commissioners every failure, refusal, omission, or neglect of such officers to keep
such records and books as required by law;
( 11) Examine once in each year the official bonds of
all county and precinct officers and report to the board
of county commissioners any defect in the bonds of any
such officer;
(12) Make an annual report to the governor as of the
3 lst of December of each year setting forth the amount
and nature of business transacted by him in that year
with such other statements and suggestions as he may
deem useful;
( 13) Send to the state liquor control board at the end
of each year a written report of all prosecutions brought
under the state liquor laws in the county during the
preceding year, showing in each case, the date of trial,
name of accused, nature of charges, disposition of case,
and the name of the judge presiding;
(14) Seek to reform and improve the administration
of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law.
[1975 1st ex.s. c 19 § l; 1963 c 4 § 36.27.020. Prior: (i)
1911 c 75 § 1; 1891 c 55 § 7; RRS § 116. (ii) 1886 p 65
§ 5; 1883 p 73 § 10; Code 1881 § 2171; 1879 p 93 § 6;
1877 p 246 § 6; 1863 p 408 § 4; 1860 p 335 § 3; 1858 p
12 § 4; 1854 p 416 § 4; RRS § 4130. (iii) 1886 p 61 § 7;
1883 p 73 § 12; Code 1881 § 2168; 1879 p 94 § 8; 1877
p 247 § 8; RRS § 4131. (iv) 1886 p 61 § 8; 1883 p 74 §
13; Code 1881 § 2169; 1879 p 94 § 8; 1877 p 247 § 9;
RRS § 4132. (v) 1886 p 61 § 9; 1883 p 74 § 14; Code
1881 § 2170; 1879 p 94 § 9; 1877 p 247 § 10; RRS §
4133. (vi) 1886 p 62 § 13; 1883 p 74 § 18; Code 1881 §
2165; 1879 p 95 § 13; 1877 p 248 § 14; 1863 p 409 § 5;
1860 p 334 § 4; 1858 p 12 § 5; 1854 p 417 § 5; RRS §
4134. (vii) Referendum No. 24; 1941 c 191 § I; 1886 p
63 § 18; 1883 p 76 § 24; Code 1881 § 2146; 1879 p 96 §
18; RRS § 4136. (viii) Code 1881 § 3150; 1866 p 52 §
10; RRS § 4137. (ix) 1933 ex.s. c 62 § 81, part; RRS §
7306-81, part.]
36.27 .040 Appointment of deputies--Special and
temporary deputies. The prosecuting attorney may appoint one or more deputies who shall have the same
power in all respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the county auditor's office. Each
deputy thus appointed shall have the same qualifications required of the prosecuting attorney, except that
such deputy need not be a resident of the county in
which he serves. The prosecuting attorney may appoint
one or more special deputy prosecuting attorneys upon
a contract or fee basis whose authority shall be limited
to the purposes stated in the writing signed by the
prosecutmg atto~ney and filed in the county auditor's
office. Such special deputy prosecuting attorney shall be
admitted to practice as an attorney before the courts of
this state but need not be a resident of the county in
which he serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their
deputies except to avoid any conflict of interest with the
purpose for which he has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his deputies and may revoke
appointments at will.
Two or more prosecuting attorneys may agree that
one or more deputies for any one of them may serve
temporarily as deputy for any other of them on terms
respecting compensation which are acceptable to said
prosecuting attorneys. Any such deputy thus serving
shall have the same power in all respects as if he were
serving permanently.
The provisions of chapter 39.34 RCW shall not apply
to such agreements. [ 1975 1st ex.s. c 19 § 2; 1963 c 4 §
36.27.040. Prior: 1959 c 30 § 1; 1943 c 35 § 1; 1903 c 7
§ I; 1891 c 55 § 6; 1886 p 63 § 17; 1883 p 76 § 23;
Code 1881 § 2142; 1879 p 95 § 16; Rem. Supp. 1943 §
115.]
Chapter 36.28A
ASSOCIATION OF SHERIFFS AND POLICE
CHIEFS
Sections
36.28A.010 Declarations.
36.28A.010 Declarations. The Washington association of sheriffs and police chiefs is hereby declared to
be a combination of units of local government: Provided, That such association shall not be considered an
"employer" within the meaning of RCW 41.26.030(2) or
41.40.010(4): Provided further, That no compensation
received as an employee of the association shall be
cm;tsidered salary for purposes of the provisions of any
retirement system created pursuant to the general laws
of this state: Provided further, That such association
shall not qualify for inclusion under the unallocated
two mills of the property tax of any political subdivision: Provided further, That the association shall not
have the authority to assess any excess levy or bond
measure. [1975 1st ex.s. c 172 § l.]
Chapter 36.32
COUNTY COMMISSIONERS
Sections
36.32.120
36.32.250
Powers of legislative authority.
Competitive bids-Procedure in awarding contracts-Bid deposits-Contractor's bond.
~6.32.120 . ~owers of legislative authority. The legislative authonhes of the several counties shall:
(I) Provide for the erection and repairing of court
houses, jails, and other necessary public buildings for
the use of the county;
(2) Lay out, discontinue, or alter county roads and
highways within their respective counties, and do all
other ne~es~ary. ~cts relating thereto according to law,
except w1thm c1t1es and towns which have jurisdiction
over the roads within their limits;
(1975 RCW Supp--p 341)
36.32.120
Title 36:
()) LICcnse and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them
granted:
{4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to
be collected as prescribed by law: Provided, That the
legislative authority of a county may permit all moneys,
assessments and taxes belonging to or collected for the
use of any county, including any amounts representing
estimates for future assessments and taxes, to be deposited by any taxpayer prior to the due date thereof with
the treasurer or other legal depository for the benefit of
the funds to which they belong to be credited against
any future tax or assessment that may be levied or become due from the taxpayer: Provided further, That the
taxpayer, with the concurrence of the county legisla~ive
authority. may designate the particular fund against
which such prepayment of future tax or assessment
shall be credited;
(5) Allow all accounts legally chargeable against the
county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the
county or appropriated to its benefit;
(6) Have the care of the county property and the
management of the county funds and business and in
the name of the county prosecute and defend all actions
for and against the county, and such other powers as
are or may be conferred by law;
(7) Make and enforce, by appropriate resolutions or
ordinances, all such police and sanitary regulations as
are not in conflict with state law, and within the unincorporated area of the county may a_dopt by reference
Washington state statutes and recognize? codes and/or
compilations printed in book form_ relating to t~e construction of buildings, the installat10n of plumbing, the
installation of electric wiring, health, or other subjects,
and may adopt such codes and/or compilations or portions thereof, together with amendments thereto, ?r additions thereto: Provided, That except for Washington
state statutes, there shall be filed in the county auditor's
office three copies of such codes and compilations ten
days prior to their adoption by reference, and _one ~opy
shall also be filed with the city clerk of each city within
the county: Provided further, Thar no such reg~lation,
code, compilation, and/or statute shall be effective unless before its adoption, a public hearing has been held
thereon by the county legislative authority o~ wh_ich at
least ten days' notice has bee.n given. Any v10l_ati~n of
such regulations, ordinances, codes, ~omptlati_ons,
and/or statutes or resolutions shall constitute a misdemeanor. The notice must set out a copy of the proposed
regulations; or if a code is adopt_ed by reference the
notice shall set forth the full official title and a statement describing the general purpose of such code. The
notice shall also include the day, hour, and place of
hearing and must be given by publication in th~ newspaper in which legal notices of the county are printed;
(8) Have power to compound and releas~ in '"'.hole _or
in part any debt due to the count~ when in thei_r opinion the interest of their county will not be prejudiced
(1975 RCW Supp--p 342)
Counties
thereby, except in cases where they or any of them are
personally interested;
(9) Have power to administer oaths or affirmatio~s
necessary in the discharge of their duties and commit
for contempt any witness refusing to testify before them
with the same power as justices of the peace. [1975 1st
ex.s. c 216 § l; 1967 ex.s. c 59 § l; 1963 c 4 § 36.32.120.
Prior: 1961 c 27 § 2; prior: (i) 1947 c 61 § l; 1943 c 99
§ 1; Code 1881 § 2673; 1869 p 305 § 11; 1867 p 54 § 11;
1863 p 542 § 11; 1854 p 421 § 11; Rem. Supp. 1947 §
4056. (ii) Code 1881 § 2681; 1869 p 307 § 20; 1867 p 56
§ 20; 1863 p 543 § 20; 1854 p 422 § 20; RRS § 4061.
(iii) Code 1881 § 2687; 1869 p 308 § 26; 1867 p 57 § 26;
1863 p 545 § 28; 1854 p 423 § 22; RRS § 4071.]
36.32.250 Competitive bids--Procedure in awarding contracts--Bid deposits--Contractor's bond. No
contract, lease or purchase shall be entered into by the
county legislative authority or by any e~ected or appointed officer of such coun_ty u?til after ~ids have been
submitted to the county legislative authonty upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county
legislative authority for public inspection, _and _an a?vertisement thereof stating the date after which bids will
not be received, the character of the work to be done,
or material, equipment, or service to be purchased, and
that specifications therefor may be seen at the office of
the clerk of the county legislative authority, shall be
published in the county official newspaper and in a legal newspaper of general circulati~n in _or as near as
possible to that part of the county m which such work
is to be done: Provided however, That if the county official newspaper is a newspaper of general circulation
covering at least forty percent of the residences in that
part of the county in which such work is to be done
publication of an advertisement of the applicable specifications in the county official newspaper only shall be
sufficient. Such advertisements shall be published at
least once in each week for two consecutive weeks prior
to the last date upon which bids will be received and as
many additional publications as shall be determined by
the county legislative authority. The bids shall be in
writing, shall be filed with the clerk, shall be opened
and read in public at a meeting of the county legislative
authority on the date named therefor in said advertisements, and after being opened, shall be filed for public
inspection. No bid shall be considered for public work
unless it is accompanied by a bid deposit in the form of
a surety bond, postal money order, cash, cashier's
check, or certified check in an amount equal to five
percent of the amount of the bid proposed. The contract for the public work, lease or purchase shall be
awarded to the lowest responsible bidder; taking into
consideration the quality of the articles or equipment to
be purchased or leased. Any or all bids may be rejected
for good cause. The county legislative authority shall
require from the successful bidder for such public work
a contractor's bond in the amount and with the conditions imposed by law. Should the bidder to whom the
contract is awarded fail to enter into the contract and
furnish the contractor's bond as required within ten
Admissions Tax
days after notice of the award, exclusive of the day of
notice, the amount of the bid deposit shall be forfeited
to the county and the contract awarded to the next
lowest and best bidder. The bid deposit of all unsuccessful bidders shall be returned after the contract is
awarded and the required contractor's bond given by
the successful bidder is accepted by the county legislative authority. In the letting of any contract, lease or
purchase involving less than one thousand dollars advertisement and competitive bidding may be dispensed
with on order of the county legislative authority. Notice
of intention to let contracts, enter into lease agreements
or to make purchases involving amounts exceeding five
hundred dollars and less than one thousand dollars,
shall be posted by the county legislative authority on a
bulletin board in its office not less than three days prior
to making such purchase, lease or contract. Wherever
possible, supplies shall be purchased in quantities for a
period of at least three months, and not to exceed one
year. Supplies generally used throughout the various
departments shall be standardized insofar as possible,
and may be purchased and stored for general use by all
of the various departments which shall be charged for
the supplies when withdrawn from the purchasing department. [1975 1st ex.s. c 230 § I; 1967 ex.s. c 144 §
16; 1967 c 97 § I; 1965 c 113 § I; 1963 c 4 § 36.32.250.
Prior: 1945 c 61 § 2; Rem. Supp. 1945 § 10322-16.]
Chapter 36.38
ADMISSIONS TAX
Sections
36.38.020
Optional provisions in ordinance.
36.38.020 Optional provisions in ordinance. In addition to the provisions levying and fixing the amount of
tax, the ordinance may contain any or all of the following provisions:
(I) A provision defining the words and terms used
therein;
(2) A provision requiring the price (exclusive of the
tax to be paid by the person paying for admission) at
which every admission ticket or card is sold to be conspicuously and indelibly printed or written on the face
or back of that part of the ticket which is to be taken
up by the management of the place for which an admission charge is exacted, and making the violation of
such provision a misdemeanor punishable by fine of not
exceeding one hundred dollars;
(3) Provisions fixing reasonable exemptions from such
tax;
(4) Provisions allowing as an offset against the tax,
the amount of like taxes levied, fixed, and collected
within their jurisdiction by incorporated cities and
towns in the county;
(5) A provision requiring persons receiving payments
for admissions taxed under said ordinance to collect the
amount of the tax from the persons making such
payments;
(6) A provision to the effect that the tax imposed by
said ordinance shall be deemed to be held in trust by
the person required to collect the same until paid to the
36.38.020
county treasurer, and making it a misdemeanor fo_r ~ny
person receiving payment of the tax and appropnatmg
or converting the same to his own use or to any use
other than the payment of the tax as provided in said
ordinance to the extent that the amount of such tax is
not available for payment on the due date for filing returns as provided in said ordinance;
(7) A provision that in case any person required by
the ordinance to collect the tax imposed thereby fails to
collect the same, or having collected the tax fails to pay
the same to the county treasurer in the manner prescribed by the ordinance, whether such failure is the result of such person's own acts or the result of acts or
conditions beyond such person's control, such person
shall nevertheless be personally liable to the county for
the amount of the tax;
(8) Provisions fixing the time when the taxes imposed
by the ordinance shall be due and payable to the county treasurer; requiring persons receiving payments for
admissions to make periodic returns to the county treasurer on such forms and setting forth such information
as the county treasurer may specify; requiring such return to show the amount of tax upon admissions for
which such person is liable for specified preceding periods, and requiring such person to sign and transmit the
same to the county treasurer together with a remittance
for the amount;
(9) A provision requiring taxpayers to file with the
county treasurer verified annual returns setting forth
such additional information as he may deem necessary
to determine tax liability correctly;
(10) A provision to the effect that whenever a certificate of registration, if required by the ordinance, is obtained for operating or conducting temporary places of
amusement by persons who are not the owners, lessees,
or custodians of the building, lot or place where the
amusement is to be conducted, or whenever the business is permitted to be conducted without the procurement of a certificate, the tax imposed shall be returned
and paid as provided in the ordinance by such owner,
lessee, or custodian, unless paid by the person conducting the place of amusement;
(11) A provision requiring the applicant for a temporary certificate of registration, if required by the ordinance, to furnish with the application therefor, the
name and address of the owner, lessee, or custo'dian of
the premises upon which the amusement is to be conducted, and requiring the county treasurer to notify
such owner, lessee, or custodian of the issuance of any
such temporary certificate, and of the joint liability for
such tax;
(12) A provision empowering the county treasurer to
declare the tax upon temporary or itinerant places of
amusement to be immediately due and payable and to
collect the same, when he believes there is a possibility
that the tax imposed under the ordinance will not be
otherwise paid;
(13) Any or all of the applicable general administrative provisions contained in RCW 82.32.010 through
82.32.340 and 82.32.380, and the amendments thereto,
except that unless otherwise indicated by the context of
said sections, in all provisions so incorporated in such
(1975 RCW Supp--.p 3431
Title 36:
36.38.020
ordinance (a) the term "county treasurer" (of the county enacting said ordinance) shall be substituted for each
reference made in said sections to the "department,"
the "department of revenue," "any employee of the department." or "director of the department of revenue";
(b) the name of the county enacting such ordinance
shall be substituted for each reference made in said
sections to the "state" or to the "state of Washington";
(c) the term "this ordinance'' shall be substituted for
each reference made in said sections to "this chapter";
(d) the name of the county enacting said ordinance
shall be substituted for each reference made in said
sections to "Thurston county"; and (e) the term "board
of county commissioners" shall be substituted for each
reference made in said sections to the "director of program planning and fiscal management." [ 1975 1st ex.s. c
278 § 21; 1963 c 4 § 36.38.020. Prior: 1943 c 269 § 3;
Rem. Supp. 1943 § 11241-12.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW I l.08.160.
Chapter 36.40
BUDGET
Sections
36.40.205
Salary adjustment for county legislative authority office-Ratification and validation of preelection
action.
36.40.205 Salary adjustment for county legislative
authority office-Ratification and validation of preelection action. If prior to the election for any county
legislative authority office, a salary adjustment for such
position to become effective upon the commencement
of the term next following such election is adopted by
ordinance or resolution of the legislative authority of
such county, and a salary adjustment coinciding with
such preceding ordinance or resolution thereof is properly adopted as part of the county budget for the years
following such election, such action shall be deemed a
continuing part of and shall ratify and validate the preelection action as to such salary adjustment. [ 1975 1st
ex.s. c 32 § l.]
Chapter 36.54
FERRIES-COUNTY OWNED-FERRY
DISTRICTS
Sections
36.54.015
Ferries-Fourteen year long range improvement
plan--Contents.
36.54.015 Ferries-Fourteen year long range improvement plan--Contents. The legislative authority
of every county operating ferries shall prepare, with the
advice and assistance of the county engineer, a fourteen
year long range capital improvement plan embracing all
major elements of the ferry system. Such plan shall include a listing of each major element of the system
showing its estimated current value, its estimated replacement cost, and its amortization period. [1975 1st
ex.s. c 21 § 2.]
11975 RCW Supp----p 344)
Counties
Chapter 36.57
COUNTY PUBLIC TRANSPORTATION
AUTHORITY
Sections
36.57.080
36.57.100
36.57.1 IO
Transfer of transportation powers and rights to authority-Funds--Contract indebtedness.
Counties authorized to perform public transportation
function in unincorporated areas-Exceptions.
Boundaries of unincorporated transportation benefit
areas.
Municipality defined: RCW 35.58.272.
36.57 .080 Transfer of transportation powers and
rights to authority--Funds--Contract indebtedness.
On the effective date of the proposition approved by the
voters in accord with RCW 35.95.040 or 82.14.045, as
now or hereafter amended, the authority shall have and
exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration,
repair, control and management of passenger transportation which the county or any city located within such
county shall have been previously empowered to exercise and such powers shall not thereafter be exercised
by the county or such cities without the consent of the
authority. The county and all cities within such county
upon demand of the authority shall transfer to the authority all unexpended funds earmarked or budgeted
from any source for public transportation, including
funds receivable. The county in which. an authority is
located shall have the power to contract indebtedness
and issue bonds pursuant to chapter 36.67 RCW to enable the authority to carry out the purposes of this
chapter and RCW 35.95.040 or 82.14.045, as now or
hereafter amended, and the purposes of this chapter
and RCW 35.95.040 or 82.14.045, as now or hereafter
amended, shall constitute a "county purpose" as that
term is used in chapter 36.67 RCW. [1975 1st ex.s. c 270
§ 5; 1974 ex.s. c 167 § 8.]
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57 .100 Counties authorized to perform public
transportation function in unincorporated areas--Exceptions. Every county, except a county in which a
metropolitan municipal corporation is performing the
public transportation function as of July 1, 1975, is authorized to perform such function in such portions of
the unincorporated areas of the county, except within
the boundaries of a public transportation benefit area
established pursuant to chapter 36.57A RCW, as the
county legislative body shall determine and the county
shall h~ve those powers as are specified in RCW 36.57.040 with respect to the provision of public transportation as is authorized pursuant to RCW 36.57.040. [1975
1st ex.s. c 270 § 9.]
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57.110 Boundaries of unincorporated transportation benefit areas. The legislative body of any county is
hereby authorized to create and define the boundaries
of unincorporated transportation benefit areas within
the unincorporated areas of the county, following
36.57A.030
Public Transportation Benefit Areas
school district or election precinct lines, as far as practicable. Such areas shall include only those portions of
the unincorporated area of the county which could reasonably assume to benefit from the provision of public
transportation services. [ 1975 1st ex.s. c 270 § 10.)
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Chapter 36.57 A
PUBLIC TRANSPORTATION BENEFIT AREAS
Sections
36.57 A.0 I0 Definitions.
36.57 A.OJ I Municipality defined.
36.57 A.020 Public transportation improvement conference--Convening--Purpose--Multi-county conferences.
36.57 A.030 Establishment or change in boundaries of public transportation benefit area--Hearing--Notice-Procedure--Authority of county to terminate public
transportation benefit area.
36.57 A.040 Cities to be wholly included or excluded--Boundaries--Only benefited areas to be inc\uded--One
area per county.
36.57A.050 Governing body--Selection, qualification, number and
compensation of members.
36.57 A.060 Comprehensive plan--Development--Elements.
36.57 A.070 Comprehensive plan--Review--Approval or disapproval--Resubmission.
36.57 A.080 General powers.
36.57A.090 Additional powers.
36.57 A.100 Agreements with operators of local public transportation
services--Operation without agreement prohibited--Purchase or condemnation of assets.
36.57A.l IO Powers of component city concerning passenger transportation transferred to benefit area--Operation of
system by city until acquired by benefit area-Consent.
36.57 A.120 Acquisition of existing system--Labor contracts, employee rights preserved--Collective bargaining.
36.57 A.130 Transportation fund--Establishment--Use-Custodian--Contribution of sums for expenses.
36.57A.!40 Annexation of additional area.
36.57A.150 Advanced financial support payments.
36.57A.!60 Dissolution and liquidation.
36.57 A.010 Definitions. For the purposes of this
chapter the following definitions shall apply:
(I) "Public transportation benefit area" means a municipal corporation of the state of Washington created
pursuant to this chapter.
(2) "Public transportation benefit area authority" or
"authority" means the legislative body of a public
transportation benefit area.
(3) "City" means an incorporated city or town.
(4) "Component city" means an incorporated city or
town within a public transportation benefit area.
(5) "City council" means the legislative body of any
city or town.
(6) "County legislative body" means the board of
county commissioners or the county council.
(7) "Population" means the number of residents as
shown by the figures released for the most recent official state, federal, or county census, or population determination made by the office of program planning
and fiscal management.
(8) "Public transportation service'' means the transportation of packages, passengers and their incidental
baggage by means other than by chartered bus, sight-
seeing bus, together with the necessary passenger terminals and parking facilities or other properties necessary
for passenger and vehicular access to and from such
people moving systems: Provided, That nothing shall
prohibit an authority from leasing its buses to private
certified carriers or prohibit the authority from providing school bus service.
(9) "Public transportation improvement conference"
or ''conference" shall mean the body established pursuant to RCW 36.57 A.020 which shall be authorized to
establish, subject to the provisions of RCW 36.57 A.030,
a public transportation benefit area pursuant to the
provisions of this chapter. [1975 1st ex.s. c 270 § 11.]
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.011
35.58.272.
Municipality
defined.
See
RCW
36.57 A.020 Public transportation improvement conference-Con vening--Purpose--M ulti-county
conferences. The county legislative authority of every
class A, class I, class 2, or class 3 county shall, and the
legislative authority of every other county may, within
ninety days of July 1, 1975, and as often thereafter as it
deems necessary, and upon thirty days prior written
notice addressed to the legislative body of each city
within the county and with thirty days public notice,
convene a public transportation improvement conference to be attended by an elected representative selected by the legislative body of each city, within such
county, and by the county commissioners. Such conference shall be for the purpose of evaluating the need for
and the desirability of the creation of a public transportation benefit area within certain incorporated and
unincorporated portions of the county to provide public
transportation services within such area. In those counties where county officials believe the need for public
transportation service extends across county boundaries
so as to provide public transportation service in a metropolitan area, the county legislative bodies of two or
more neighboring counties may elect to convene a multi-county conference. In addition, county-wide conferences may be convened by resolution of the legislative
bodies of two or more cities within the county, not to
exceed one in any twelve month period, or a petition
signed by at least ten percent of the registered voters in
the last general election of the city, county or
city/county areas of a proposed benefit area. The
chairman of the conference shall be elected from the
members at large. [1975 1st ex.s. c 270 § 12.)
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57 A.030 Establishment or change in boundaries of
public transportation benefit area--Hearing--Notice-Procedure-Authority of county to terminate
public transportation benefit area. Any conference which
finds it desirable to establish a public transportation
benefit area or change the boundaries of any existing
public transportation benefit area shall fix a date for a
public hearing thereon, or the legislative bodies of any
[1975 RCW Supp---p 3451
36.57A.030
Title 36:
Counties
two or more component cities or the county legislative
body by resolution may require the public transportation improvement conference to fix a date for a public
hearing thereon. Prior to the convening of the public
hearing. the county governing body shall delineate the
area of the county proposed to be included within the
transportation benefit area, and shall furnish a copy of
such delineation to each incorporated city within such
area. Each city shall advise the county governing body,
on a preliminary basis, of its desire to be included or
excluded from the transportation benefit area. The
county governing body shall cause the delineations to
be revised to reflect the wishes of such incorporated
cities. This delineation shall be considered by the conference at the public hearing for inclusion in the public
transportation benefit area.
Notice of such hearing shall be published once a
week for at least four consecutive weeks in one or more
newspapers of general circulation within the area. The
notice shall contain a description and map of the
boundaries of the proposed public transportation benefit area and shall state the time and place of the hearing
and the fact that any changes in the boundaries of the
public transportation benefit area will be considered at
such time and place. At such hearing or any continuation thereof, any interested person may appear and be
heard on all matters relating to the effect of the formation of the proposed public transportation benefit area.
The conference may make such changes in the
boundaries of the public transportation benefit area as
they shall deem reasonable and proper, but may not
delete any portion of the proposed area which will create an island of included or excluded lands, and may
not delete a portion of any city. If the conference shall
determine that any additional territory should be included in the public transportation benefit area, a second hearing shall be held and notice given in the same
manner as for the original hearing. The conference may
adjourn the hearing on the formation of a public transportation benefit area from time to time not exceeding
thirty days in all.
At the next regular meeting following the conclusion
of such hearing the conference shall adopt a resolution
fixing the boundaries of the proposed public transportation benefit area, declaring that the formation of the
proposed public transportation benefit area will be conducive to the welfare and benefit of the persons and
property therein.
Within thirty days of the adoption of such conference
resolution, the county legislative authority of each
county wherein a conference has established proposed
boundaries of a public transportation benefit area, may
by resolution, upon making a legislative finding that the
proposed benefit area includes portions of the county
which could not be reasonably expected to benefit from
such benefit area or excludes portions of the county
which could be reasonably expected to benefit from its
creation, disapprove and terminate the establishment of
such public transportation benefit area within such
count\. [1975 1st ex.s. c 270 § 13.]
36.57 A.040 Cities to be wholly included or excluded--Boundaries--Only benefited areas to be included--One area per county. At the time of its formation
no public transportation benefit area shall include only
a part of any city, and every city shall be either wholly
included or wholly excluded from the boundaries of
such area. If subsequent to the formation of a public
transportation benefit area a part only of any city shall
be included within the boundaries of a public transportation benefit area such part shall be deemed to be
"unincorporated" for the purpose of selecting a member
of the governing authority pursuant to RCW
36.57 A.060.
The boundaries of any public transportation benefit
area shall follow school district lines or election precinct
lines, as far as practicable. Only such areas shall be included which the conference determines could reasonably benefit from the provision of public transportation
services. Only one public transportation benefit area
may be created in any county. [1975 lst ex.s. c 270 §
14.]
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
(1975 RCW Supp---p 346)
Severability--Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.050 Governing body--Selection, qualification, number and compensation of members. Within sixty
days of the establishment of the boundaries of the public transportation benefit area the county commissioners
and elected representatives of cities within the area shall
provide for the selection of the governing body of such
area, the public transportation benefit area authority,
which shall consist of elected officials selected by and
serving at the pleasure of the governing bodies of component cities within the area and the county commissioners of each county within the area.
Wit.hin such sixty day period, the legislative body of
any city may by resolution of its legislative body withdraw from participation in the public transportation
benefit area. The county legislative authority and each
city remaining in the public transportation benefit area
may disapprove and prevent the establishment of any
governing body of a public transportation benefit area
if the composition thereof does not meet its approval.
In no case shall the governing body of a single county public transportation benefit area be greater than
nine members and in the case of a multicounty area,
fifteen members. Those cities within the transportation
benefit are~ and excluded from direct membership on
the authonty are hereby authorized to designate a
member of the authority who shall be entitled to represent the interests of such city which is excluded from
direct membership on the authority. The legislative
body of such city shall notify the authority as to the
determination of its authorized representative on the
authority.
Any member of the authority who is an elected offici~l and whose office is not a full time position shall rece1v~ forty dollars for each day attending official
meetmgs of the authority. [1975 1st ex.s. c 270 § 15.]
Public Transportation Benefit Areas
36.57 A.060
Comprehensive
plan--Development--Elements. The public transportation benefit
area authority authorized pursuant to RCW 36.57 A.050
shall develop a comprehensive transit plan for the area.
Such plan shall include, but not be limited to the following elements:
(1) The levels of transit service that can be reasonably provided for various portions of the benefit area.
(2) The funding requirements, including local tax
sources, state and federal funds, necessary to provide
various levels of service within the area.
(3) The impact of such a transportation program on
other transit systems operating within that county or
adjacent counties.
(4) The future enlargement of the benefit area or the
consolidation of such benefit area with other transit
systems. [ 1975 1st ex.s. c 270 § 16.]
Severability--Effective date-1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57 A.070 Comprehensive plan--Review--Approval or disapproval--Resubmission. The comprehensive transit plan adopted by the authority shall be
reviewed by the state transportation commission, and if
such commission does not exist, by the planning and
community affairs agency or its successor to determine:
(1) The completeness of service to be offered and the
economic viability of the transit system proposed in
such comprehensive transit plan;
(2) Whether such plan integrates the proposed transportation system with existing transportation modes
and systems that serve the benefit area;
(3) Whether such plan coordinates that area's system
and service with nearby public transportation systems;
(4) Whether such plan is eligible for matching state or
federal funds;
After reviewing the comprehensive transit plan, the
state transportation commission, and if such does not
exist, the planning and community affairs agency or its
successor shall have sixty days in which to approve
such plan and to certify to the state treasurer that such
public transportation benefit area shall be eligible to receive the motor vehicle excise tax proceeds authorized
pursuant to RCW 35.58.273, as now or hereafter
amended in the manner prescribed by chapter 82.44
RCW, as now or hereafter amended. To be approved a
plan shall provide for coordinated transportation planning, the integration of such proposed transportation
program with other transportation systems operating in
areas adjacent to, or in the vicinity of the proposed
public transportation benefit area, and be consistent
with the public transportation coordination criteria
adopted pursuant to the urban mass transportation act
of 1964 as amended as of July 1, 1975. In the event
such comprehensive plan is disapproved and ruled ineligible to receive motor vehicle tax proceeds, the state
transportation commission, and if such does not exist,
the planning and community affairs agency or its successor, shall provide written notice to the authority
within thirty days as to the reasons for such plan's disapproval and such ineligibility. The authority may resubmit such plan upon reconsideration and correction
36.57A.090
of such deficiencies in the plan cited in such notice of
disapproval. [1975 lst ex.s. c 270 § 17.]
Severability--Effective date-1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.080 General powers. In addition to the powers specifically granted by this chapter a public_ transportation benefit area shall have all powers which are
necessary to carry out the purposes of the public transportation benefit area. A public transportation benefit
area may contract with the United States or any agency
thereof, any state or agency thereof, any other public
transportation benefit area, any county, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and any
private person, firm or corporation for the purpose of
receiving gifts or grants or securing loans or advances
for preliminary planning and feas~bility studies, or _for
the design, construction or operat10n of transportat10n
facilities. In addition a public transportation benefit
area may contract with any governmental agency or
with any private person, firm or corporation for the use
by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights
over lands and rights of way of all kinds which are
owned,· leased or held by the other party and for the
purpose of planning, constructing or operating any facility or performing any service which the public transportation benefit area may be authorized to operate or
perform, on such terms as may be agreed upon by the
contracting parties. Before any contract for the lease or
operation of any public transportation benefit area facilities shall be let to any private person, firm or corporation, a general schedule of rental rates for bus
equipment with or without drivers shall be publicly
posted applicable to all private certificated carriers, and
for other facilities competitive bids shall first be called
upon such notice, bidder qualifications and bid conditions as the public transportation benefit area authority
shall determine.
A public transportation benefit area may sue and be
sued in its.corporate capacity in all courts and in all
proceedings. [1975 lst ex.s. c 270 § 18.]
Severability--Effective date-1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.090 Additional powers. A public transportation benefit area authority shall have the following
powers in addition to the general powers granted by
this chapter:
(1) To prepare, adopt and carry out a general {;Omprehensive plan for public transportation service which
will best serve the residents of the public transportation
benefit area and to amend said plan from time to time
to meet changed conditions and requirements.
(2) To acquire by purchase, condemnation, gift or
grant and to lease, construct, add to, improve, replace,
repair, maintain, operate and regulate the use of transportation facilities and properties within or without the
public transportation benefit area or the state, including
systems of surface, underground or overhead railways,
[1975 RCW Supp--p 3471
36.57A.090
Title 36:
tramwa\ s. buses. or am other means of local transportation except taxis. and including escalators, moving
sidewalks or other people-moving systems, passenger
terminal and parking facilities and properties and such
other facilities and properties as may be necessary for
passenger and vehicular access to and from such people-moving systems, terminal and parking facilities and
properties, together with all lands, rights of way, property. equipment and accessories necessary for such systems and facilities. Public transportation facilities and
properties which are owned by any city may be acquired or used by the public transportation benefit area
authority only with the consent of the city council of
the city owning such facilities. Cities are hereby authorized to convey or lease such facilities to a public transportation benefit area authority or to contract for their
joint use on such terms as may be fixed by agreement
between the city council of such city and the public
transportation benefit area authority, without submitting the matter to the voters of such city.
The facilities and properties of a public transportation benefit area system whose vehicles will operate primarily within the rights of way of public streets, roads
or highways, may be acquired, developed and operated
without the corridor and design hearings which are required by RCW 35.58.273, as now or hereafter amended, for mass transit facilities operating on a separate
right of way.
(3) To fix rates, tolls, fares and charges for the use of
such facilities and to establish various routes and classes of service.
In the event any public transportation benefit area
shall extend its public transportation services to any
area of service already offered by any company holding
a certificate of public convenience and necessity from
the Washington utilities and transportation commission,
under RCW 81.68.040 it shall by purchase or condemnation acquire at the fair market value, from the person
holding the existing certificate for providing the services, that portion of the operating authority and equipment representing the services within the area of public
operation. [1975 1st ex.s. c 270 § 19.]
Severability--Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.100 Agreements with operators of local public
transportation services--Operation without agreement
prohibited--Purchase or condemnation of assets. Except in accordance with an agreement made as provided in this section, upon the effective date on which the
public transportation benefit area commences to perform the public transportation service, no person or
private corporation shall operate a local public passenger transportation service within the public transportation benefit area with the exception of taxis, buses
owned or operated by a school district or private
school. and buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee
or fare is charged.
An agreement may be entered into between the public transportation benefit area authority and any person
(1975 RCW Supp--p 348)
Counties
or corporation legally operating a local public passenger
transportation service wholly within or partly within
and partly without the public transportation benefit
area and on said effective date under which such person
or corporation may continue to operate such service or
any part thereof for such time and upon such terms and
conditions as provided in such agreement. Where any
such local public passenger transportation service will
be required to cease to operate within the public transportation benefit area, the public transportation benefit
area authority may agree with the owner of such service
to purchase the assets used in providing such service. or
if no agreement can be reached, the public transportation benefit area authority shall condemn such assets in
the manner and by the same procedure as is or may be
provided by law for the condemnation of other properties for cities of the first class, except insofar as such
laws may be inconsistent with the provisions of this
chapter.
Wherever a privately owned public carrier operates
wholly or partly within a public transportation benefit
area, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such
operation as provided by law. [1975 1st ex.s. c 270 § 20.]
Severability--Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57 A.110 Powers of component city concerning
passenger transportation transferred to benefit area-Operation of system by city until acquired by benefit
area--Consent. The public transportation benefit area
shall have and exercise all rights with respect to the
construction, acquisition, maintenance, operation, extension, alteration, repair, control and management of
passenger transportation which any component city
shall have been previously empowered to exercise and
such powers shall not thereafter be exercised by such
component cities without the consent of the public
transportation benefit area: Provided, That any city
owning and operating a public transportation system on
July I, 1975 may continue to operate such system within such city until such system shall have been acquired
by the public transportation benefit area and a public
transportation benefit area may not acquire such system
without the consent of the city council of such city.
[1975 1st ex.s. c 270 § 21.]
Severability--Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.120 Acquisition of existing system--Labor
contracts, employee rights preserved-Collective bargaining. If a public transportation benefit area shall acquire any existing transportation system, it shall assume
and observe all existing labor contracts relating to such
system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate
efficiently the facilities acquired shall be appointed to
comparable positions to those which they held at the
time of such transfer, and no employee or retired or
pensioned employee of such systems shall be placed in
any worse position with respect to pension seniority,
Public Transportation Benefit Areas
wages, sick leave, vacation or other bene_fits that he enjoyed as an employee of such system pnor to such acquisition. The public transportation benefit area
authority shall engage in collective bargaining with the
duly appointed representatives of any employee labor
organization having existing contracts with the acquired
transportation system and may enter into labor contracts with such employee labor organization. [ 1975 l st
ex.s. c 270 § 22.]
Severability-Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57 A.130
Transportation fund--Establishment--Use--Custodian--Contribution of sums
for expenses. Each public transportation benefit area
authority shall establish a fund to be designated as the
"transportation fund", in which shall be placed all sums
received by the authority from any source except the
proceeds of bonds issued by the authority, and out of
which shall be expended all sums disbursed by the authority unless otherwise provided in bond covenants.
The county treasurer, or in the case of a multi-county
public transportation benefit area, the county treasurer
of the largest component county, shall be the custodian
of the fund. The county auditor of such county shall
keep the record of the receipts and disbursements, and
shall draw and such county treasurer shall honor and
pay all warrants, which shall be approved before issuance and payment as directed by the authority.
The county or counties and each city or town which
is included in the authority shall contribute such sums
towards the expense for maintaining and operating the
public transportation system as shall be agreed upon
between them. [1975 1st ex.s. c 270 § 23.]
Severability-Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.140 Annexation of additional area. (I) An
election to authorize the annexation of territory contiguous to a public transportation benefit area may be
called within the area to be annexed pursuant to resolution or petition in the following manner:
(a) By resolution of a public transportation benefit
area authority when it shall determine that the best interests and general welfare of such public transportation
benefit area would be served. Such authority shall consider the question of areas to be annexed to the public
transportation benefit area at least once every two
years.
(b) By petition calling for such an election signed by
at least four percent of the qualified voters residing
within the area to be annexed and filed with the auditor
of the county wherein the largest portion of the public
transportation benefit area is located, and notice thereof
shall be given to such authority. Upon receipt of such a
petition, the auditor shall examine the same and certify
to the sufficiency of the signatures thereon.
(c) By resolution of a public transportation benefit
area authority upon request of any city for annexation
thereto.
(2) The resolution or petition shall describe the
boundaries of the area to be annexed. It shall require
36.57A.160
that there also be submitted to the electorate of the territory sought to be annexed a proposition authorizing
the inclusion of such area within the public transportation benefit area and authorizing the imposition of such
taxes authorized by law to be collected by the authority.
(3) Upon the annexation of additional area to a public transportation benefit area, the authority of the public transportation benefit area shall be reconstituted
within sixty days in accordance with the provisions of
RCW 36.57A.050. [1975 1st ex.s. c 270 § 24.]
Severability-Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.150 Advanced financial support payments.
Counties that have established a county transportation
authority pursuant to chapter 36.57 RCW and public
transportation benefit areas that have been established
pursuant to this chapter are eligible to receive a onetime advanced financial support payment from the state
to assist in the development of the initial comprehensive
transit plan required by RCW 36.57.070 and 36.57 A.060. The amount of this support payment is established
at one dollar per person residing within each county or
public transportation benefit area, as determined by the
office of program planning and fiscal management, but
no single payment shall exceed fifty thousand dollars.
Repayment of an advanced financial support payment
shall be made to the public transportation account in
the general fund or, if such account does not exist, to
the general fund by each agency within two years of the
date such advanced payment was received. Such repayment shall be waived within two years of the date such
advanced payment was received if the voters in the appropriate counties or public transportation benefit areas
do not elect to levy and collect taxes enabled under authority of *this 1975 amendatory act. The state department of transportation or, if such department does not
exist, the planning and community affairs agency shall
provide technical assistance in the preparation of local
transit plans, and administer the advanced financial
support payments authorized by this section. [ 1975 l st
ex.s. c 270 § 25.]
*Reviser's note: "this 1975 amendatory act" [1975 !st ex.s. c 270]
consists of RCW 35.58.2721, 35.58.2794, 36.57.100, 36.57.110, chapter
36.57A RCW, amendments to RCW 35.58.272, 35.58.278,'35.95.020,
35.95.040, 36.57.080, 82.14.045, and to the repeal of RCW 35.58.2731,
82.14.047, 1973 !st ex.s. c 136 §§ 1-9, and 1974 ex.s. c 54 § 6.
Severability-Effective date---1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
36.57A.160 Dissolution and liquidation. A public
transportation benefit area established pursuant to this
chapter may be dissolved and its affairs liquidated when
so directed by a majority of persons in the benefit area
voting on such question. An election placing such question before the voters may be called in the following
manner:
(I) By resolution of the public transportation benefit
area authority;
(2) By resolution of the county legislative body or
bodies with the concurrence therein by resolution of the
city council of a component city; or
(1975 RCW Supp---p 349)
Title 36:
36.57A.160
(3) By petition calling for such election signed by at
least ten percent of the qualified voters residing within
the area filed with [the] auditor of the county wherein
the largest portion of the public transportation benefit
area is located. The auditor shall examine the same and
certify to the sufficiency of the signatures thereon: Proi·ided, That to be validated, signatures must have been
collected within a ninety day period as designated by
the petition sponsors.
With dissolution of the benefit area, any outstanding
obligations and bonded indebtedness of the public
transportation benefit area shall be satisfied or allocated
by mutual agreement to the county or counties and
component cities of the public transportation benefit
area. [ 1975 lst ex.s. c 270 § 26.]
Severability-Effective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Chapter 36.67
LIMITATION OF INDEBTEDNESS-COUNTY
BONDS
Sections
36.67.060
Payment of principal and interest.
36.67 .060 Payment of principal and interest. Bonds
issued under this chapter shall be serial in form and
maturity and interest shall be paid and the principal of
the bonds retired by an annual tax levy in accordance
with the provisions of chapter 39.44 RCW and by any
other moneys lawfully available and pledged therefor.
[1975 lst ex.s. c 188 § l; 1963 c 4 § 36.67.060. Prior: (i)
1890 p 39 § 6; RRS § 5580. (ii) 1890 p 39 § 7; RRS §
5581.]
Severability-1975 1st ex.s. c 188: See RCW 36.94.921.
Chapter 36.75
ROADS AND BRIDGES-GENERAL
PROVISIONS
Sections
36.75.010
Counties
(7) "Department," the department of highways of the
state, or such state agency as may succeed to its powers
and duties;
(8) "Director," the acting director of the department
of highways or his duly authorized assistant;
(9) "Highway commission," the state highway commission as provided for in chapter 47.01 RCW;
(10) "Pedestrian," any person afoot;
(11) "Private road or driveway," every way or place
in private ownership and used for travel of vehicles by
the owner or those having express or implied permission
from the owner, but not by other persons;
(12) "Highway," every way, lane, road, street, boulevard, and every way or place in the state of Washington
open as a matter of right to public vehicular travel both
inside and outside the limits of incorporated cities and
towns;
( 13) "Railroad," a carrier of persons or property
upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside
incorporated cities and towns;
(14) "Roadway," the paved, improved, or proper
driving portion of a highway designed, or ordinarily
used for vehicular travel;
( 15) "Sidewalk," property between the curb lines or
the lateral lines of a roadway, and the adjacent property, set aside and intended for the use of pedestrians or
such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;
(16) "State highway," includes every highway as
herein defined, or part thereof, which has been designated as a state highway, or branch thereof, by legislative enactment. [ 1975 c 62 § 1; 1969 ex.s. c 182 § 1;
1963 c 4 § 36.75.010. Prior: 1937 c 187 § l; RRS §
6450--1.]
Severability-1975 c 62: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1975 c 62 § 52.]
Definitions.
36.75.010 Definitions. Terms used in this title, with
relation to roads and bridges, mean:
(1) "Alley," a highway not designed for general travel
and primarily used as a means of access to the rear of
residences and business establishments;
(2) "Board," the board of county commissioners;
(3) "Center line," the line, marked or unmarked, parallel to and equidistant from the sides of a two-way
traffic roadway of a highway except where otherwise
indicated by painted lines or markers;
(4) "City street," every highway or part thereof, located within the limits of incorporated cities and towns,
except alleys;
(5) "County engineer" shall include county director
of public works;
(6) "County road," every highway or part thereof,
outside the limits of incorporated cities and towns and
which has not been designated as a state highway;
(1975 RCW Supp----p 3501
Chapter 36. 78
ROADS AND BRIDGES-COUNTY ROAD
ADMINISTRATION BOARD
Sections
36.78.080
Members to serve without compensation-Reimbursement for expenses.
36.78.080 Members to serve without compensation--Reimbursement for expenses. Members of the
county road administration board shall receive no compensation for their service on the board, but shall be
reimbursed for travel and other expenses incurred while
attending meetings of the board or while engaged on
other business of the board when authorized by the
board to the extent of twenty-five dollars per day plus
the mileage rate authorized in RCW 43.03.060 or actual
necessary transportation expenses. [ 1975 1st ex.s. c 1 §
l; 1969 ex.s. c 182 § 5; 1965 ex.s. c 120 § 8.]
Roads And Bridges--Establishment
Chapter 36.81
ROADS AND BRIDGES-ESTABLISHMENT
Sections
36.81.121
36.81.121
36.81.130
Perpetual advanced plans for coordinated road program--Six year program for arterial road construction, ferries, docks, etc. (as amended by 1975 I st ex.s.
c 21).
Perpetual advanced plans for coordinated road program--Six year program for arterial road construction--Expenditures--Bicycle, pedestrian and
equestrian funds, expenditures (as amended by 1975
1st ex.s. c 215).
Procedure specified for establishment, construction and
maintenance.
36.81.121 Perpetual advanced plans for coordinated road program--Six year program for arterial road construction, ferries, docks,
etc. (as amended by 1975 1st ex.s. c 21). Prior to July I, 1968, the legislative authority of each county with the advice and assistance of the
county road engineer, and pursuant to one or more public hearings
thereon, shall prepare and adopt a comprehensive road program for
the ensuing six calendar years. Such program shall include proposed
road and bridge construction work and for those counties operating
ferries shall also include a separate section showing proposed capital
expenditures for ferries, docks, and related facilities. Copies of the
program shall be filed with the county administration board and with
the director of highways not more than thirty days after its adoption
by the board. Annually thereafter each board shall review the work
accomplished under the program and determine current county road
needs. Based on these findings each board shall prepare and after
public hearing thereon adopt a revised and extended comprehensive
road program, and each one year extension and revision shall be filed
with the director of highways not more than thirty days after its adoption by the board. The purpose of this section shall be to assure
that perpetually each county shall have available advanced plans,
looking to the future for not less than six years as a guide in carrying
out a coordinated road construction program. Such program may at
any time be revised by a majority of the board but only after a public
hearing thereon.
The six year program of each county having an urban area within
its boundaries shall contain a separate section setting forth the six
year program for arterial road construction based upon its long range
construction plan and formulated in accordance with regulations of
the urban arterial board. The six year program for arterial road construction shall be submitted to the urban arterial board forthwith after its annual revision and adoption by the board of county
commissioners. The six year program for arterial road construction
shall be based upon estimated revenues available for such construction together with such additional sums as the county commissioners
may request for urban arterials only from the urban arterial trust account for the six year period. The arterial road construction program
shall provide for a more rapid rate of completion of the long range
construction needs of major arterial roads than for secondary and
collector arterial roads, pursuant to regulations of the urban arterial
board. [1975 1st ex.s. c 21 § 3; 1967 ex.s. c 83 § 26; 1963 c 4 § 36.81.121. Prior: 1961 c 195 § I.]
36.81.121 Perpetual advanced plans for coordinated road program-Six year program for arterial road construction--Expenditures--Bicycle, pedestrian and equestrian funds, expenditures (as
amended by 1975 1st ex.!!. c 215). (I) Prior to July I, 1968, the legislative authority of each county with the advice and assistance of the
county road engineer, and pursuant to one or more public hearings
thereon, shall prepare and adopt a comprehensive road program for
the ensuing six calendar years and shall file the same with the director
of highways not more than thirty days after its adoption by the legislative authority. Annually thereafter each legislative authority shall
review the work accomplished under the program and determine current county road needs. Based on these findings each legislative authority shall prepare and after public hearing thereon adopt a revised
and extended comprehensive road program, and each one year extension and revision shall be filed with the director of highways not more
than thirty days after its adoption by the legislative authority. The
purpose of this section shall be to assure that perpetually each county
shall have available advanced plans, looking to the future for not less
36.81.130
than six years as a guide in carrying out a coordinated road construction program. Such program may at any time be revised by a
majority of the legislative authority but only after a public hearing
thereon.
The six year program of each county having an urban area within
its boundaries shall contain a separate section setting forth the six
year program for arterial road construction based upon its long range
construction plan and formulated in accordance with regulations of
the urban arterial board. The six year program for arterial road construction shall be submitted to the urban arterial board forthwith after its annual revision and adoption by the legislative authority of
each county. The six year program for arterial road construction shall
be based upon estimated revenues available for such construction together with such additional sums as the legislative authority of each
county may request for urban arterials only from the urban arterial
trust account for the six year period. The arterial road construction
program shall provide for a more rapid rate of completion of the long
range construction needs of major arterial roads than for secondary
and collector arterial roads, pursuant to regulations of the urban arterial board.
(2) On and after July I, 1976 each six year program forwarded to
the director in compliance with subsection (I) of this section shall
contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for bicycles, pedestrians, and equestrian purposes. [1975 !st ex.s. c 215 § 2;
1967 ex.s. c 83 § 26; 1963 c 4 § 36.81.121. Prior: 1961 c 195 § I.]
Reviser's note: RCW 36.81.121 was amended twice by the 1975 first
extraordinary session of the legislature, each without reference to the
other.
For rule of construction for sections amended more than once during the same session, see RCW 1.12.025.
Severability--1967 ex.s. c 83: See RCW 47.26.900.
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Joint planning of urban arterial development: RCW 47.26.230.
Long range arterial construction plans, counties and cities to prepare:
RCW 47.26.170.
Priority projects to be selected in preparation of six year program:
RCW 47.26.220.
Urban arterial board: Chapter 47.26 RCW.
36.81.130 Procedure specified for establishment, construction and maintenance. The laying out, construction,
and maintenance of all county roads shall hereafter be
in accordance with the following procedure:
On or before the first Monday in July of each year
each county road engineer shall file with the county
legislative authority a recommended plan for the laying
out, construction, maintenance, and special maintenance of county roads for the ensuing fiscal year. Such
recommended plan need not be limited to but shall include the following items: Recommended projects, including capital expenditures for ferries, docks, and
related facilities, and their priority; the estimated cost
of all work, including labor and materials for each
project recommended; a statement as to whether such
work is to be done by the county forces or by publicly
advertised contract; a list of all recommended repairs to
and purchases of road equipment, together with the estimated costs thereof. Amounts to be expended for
maintenance and special maintenance shall be recommended, but details of these proposed expenditures
shall not be made. The recommended plan shall conform as nearly as practicable to the county's long range
road program.
Within two weeks after the filing of the road engineer's recommended plan, the county legislative authority shall consider the same. Revisions and changes
[1975 RCW Supp--p 351)
Title 36:
36.81.130
may be made until a plan which is agreeable to a majority of the members of the county legislative authority
has been adopted: Provided, That such revisions shall
conform as nearly as practicable to the county's long
range road program. Any appropriations contained in
the county road budget shall be void unless the county's
road plan was adopted prior to such appropriation.
The final road plan for the fiscal year shall not thereafter be changed except by unanimous vote of the
county legislative authority. [1975 1st ex.s. c 21 § 4;
1963 c 4 § 36.81.130. Prior: 1949 c 156 § 7; Rem. Supp.
1949 § 6450-8f.]
Chapter 36.87
ROADS AND BRIDGES-VACATION
Sections
36.87.140
Retention of easement for public utilities and services.
36.87 .140 Retention of easement for public utilities
and services. Whenever a county road or any portion
thereof is vacated the legislative body may include in
the resolution authorizing the vacation a provision that
the county retain an easement in respect to the vacated
land for the construction, repair, and maintenance of
public utilities and services which at the time the resolution is adopted are authorized or are physically located on a portion of the land being vacated: Provided,
That the legislative body shall not convey such easement to any public utility or other entity or person but
may convey a permit or franchise to a public utility to
effectuate the intent of this secticn. The term "public
utility" as used in this section shall include utilities
owned, operated, or maintained by every gas company,
electrical company, telephone company, telegraph company, and water company whether or not such company is privately owned or owned by a governmental
entity. [1975 c 22 § I.]
Chapter 36.93
LOCAL GOVERNMENTAL ORGANIZATIONBOUNDARIES-REVIEW BOARDS
Sections
36.93.150
Review of proposed actions-Actions and determinations of board--Disapproval, effect.
36.93.150 Review of proposed actions--Actions
and determinations of board--Disapproval, effect. The
board, upon review of any proposed action, shall take
such of the following actions as it deems necessary to
best carry out the intent of this chapter:
(1) Approval of the proposal as submitted;
(2) Subject to RCW 35.02.170, modification of the
proposal by adjusting boundaries to add or delete territory: Provided, That any proposal for annexation by
the board shall be subject to RCW 35.21.010 and shall
not add additional territory, the amount of which is
greater than that included in the original proposal;
(3) Determination of a division of assets and liabilities between two or more governmental units where
relevant;
[1975 RCW Supp--p 3521
Counties
(4) Determination whether, or the extent to which.
functions of a special purpose district are to be assumed
by an incorporated city or town, metropolitan municipal corporation, or another existing special purpose district; or
(5) Disapproval of the proposal except that the board
shall not have jurisdiction to disapprove the dissolution
or disincorporation of a special purpose district which is
not providing services but shall have jurisdiction over
the determination of a division of the assets and liabilities of a dissolved or disincorporated special purpose
district.
Unless the board shall disapprove a proposal, it shall
be presented under the appropriate statute for approval
of a public body and, if required, a vote of the people.
A proposal that has been modified shall be presente_d
under the appropriate statute for approval of a pubhc
body and if required, a vote-of the people. If a proposal
after modification does not contain enough signatures
of persons within the modified area, as are required by
law, then the initiating party, parties or governmental
unit has thirty days after the modification decision to
secure enough signatures to satisfy the legal requirement. If the signatures cannot be secured then the proposal may be submitted to a vote of the people, as
required by law.
When the board, after due proceedings held, disapproves a proposed action, such proposed action shall be
unavailable, the proposing agency shall be without
power to initiate the same or substantially the same as
determined by the board, and any succeeding acts intended to or tendtng to effectuate that action shall be
void, but such action may be reinitiated after a period
of twelve months from date of disapproval and shall
again be subject to the same consideration. [ 1975 1st
ex.s. c 220 § 10; 1969 ex.s. c 111 § 8; 1967 c 189 § 15.]
Legislative finding, intent--1975 1st ex.s. c 220: See note following RCW 35.02.170.
Chapter 36.94
SEWERAGE, WATER AND DRAINAGE SYSTEMS
Sections
36.94.140
36.94.150
36.94.210
36.94.220
36.94.310
36.94.320
36.94.330
36.94.340
36.94.350
36.94.360
36.94.921
Authority of county to operate system--Rates and
charges, fixing of--Factors to be considered.
Lien for delinquent charges.
Pledge for payment of principal and interest on revenue
or general obligation bonds.
Utility local improvement districts--Establishmen t--Special assess men ts.
Transfer of system from municipal corporation to county--Authorized.
Transfer of system from municipal corporation to county-Assumption of indebtedness.
Transfer of system from municipal corporation to county-Transfer agreement.
Transfer of system from municipal corporation to county--Petition for court approval of transfer-Hearing--Decree.
Transfer of system from municipal corporation to county--Dissolution of municipal corporation.
Transfer of system from municipal corporation to county--RCW 36.94.310 through 36.94.350 deemed alternative method.
Severability--1975 !st ex.s. c 188.
Sewerage, Water And Drainage Systems
36.94.140 Authority of county to operate system-Rates and charges, fixing of--Factors to be considered.
Every county, in the operation of a system of sewerage
and/or water, shall have full jurisdiction and authority
to manage, regulate and control it and to fix, alter, regulate and control the rates and charges for the service
to those to whom such county service is available, and
to levy charges for connection to such system. The rates
for availability of service and connection charges so
charged mu~t be uniform for the same class of customers or service.
In classifying customers served, service furnished or
made available by such system of sewerage and/or water. or the connection charges, the board may consider
any or all of the following factors:
(I) The difference in cost of service to the various
customers within or without the area;
(2~ The difference in cost of maintenance, operation,
repair and replacement of the various parts of the
systems;
(3) The different character of the service furnished
various customers;
(4) The quantity and quality of the sewage and/or
water delivered and the time of its delivery;
(5) ~apit~l contributions made to the system or systems, mcludmg, but not limited to, assessments; and
(6) Any other matters which present a reasonable
difference as a ground for distinction.
Such rates shall produce revenues sufficient to take
care of the costs of maintenance and operation, revenue
bond and warrant interest and principal amortization
requ.irements, and all other charges necessary for the
efficient and proper operation of the system. [ 1975 I st
ex.s. c 188 § 2; 1967 c 72 § 14.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.150 Lien for delinquent charges. All counties
operating a system of sewerage and/or water shall have
a lien for delinquent connection charges and charges
for the availability of sewerage and/or water service,
together with interest fixed by resolution at eight percent per annum from the date due until paid. Penalties
of not more than ten percent of the amount due may be
imposed in case of failure to pay the charges at times
fixed by resolution. The lien shall be for all charges, interest, and penalties and shall attach to the premises to
which the services were available. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of the
county.
The county department established in RCW 36.94.120 shall certify periodically the delinquencies to the
treasurer of the county at which time the lien shall
attach.
Upon the ~xpiration of sixty days after the attachment of the hen, the county may bring suit in foreclosure by civil action ~n the superior court of the county
where the property 1s located. In addition to the costs
and disbursements provided by statute, the court may
allow the county a reasonable attorney's fee. The lien
36.94.310
shall be foreclosed in the same manner as the foreclosure of real property tax liens. [ 1975 1st ex.s. c 188 § 3;
1967c72§ 15.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.210 Pledge for payment of principal and interest on revenue or general obligation bonds. The board of
county commissioners of any county in adopting and
establishing a system of sewerage and/or water may set
aside into a special fund and pledge to the payment of
the principal and interest due on any county revenue
bonds or general obligation bonds any sums or
amounts which may accrue from the collection of rates
and charges for the private and public use of the system
or systems. [1975 1st ex.s. c 188 § 4; 1967 c 72 § 21.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.220 Utility local improvement districts--Establishment--Special assessments. A county shall
have the power to establish utility local improvement
districts within the area of a sewerage and/or water
general plan and to levy special assessments under a
mode of annual installments extending over a period
not exceeding twenty years on all property specially
benefited by any local improvement on the basis of the
special benefits to pay in whole or in part the damages
or .c.osts of any improvements ordered in such county.
u.t1h.ty loc~l improvement districts may include territory
w1thm a city or town only with the written consent of
the city or town, but if the local district is formed before such area is included within the city or town, no
such consent shall be necessary. The levying, collection
and enforcement of all public assessments hereby aut~orized shall be in the manner now and _hereafter provided by law for the levying, collection and
enforcement of l~cal improvement assessments by cities
of the first class, msofar as the same shall not be inconsistent with the provisions of this chapter. The duties
devolving upon the city treasurer under such laws are
i~posed upon the county treasurer for the purposes of
this chapter: The mode of assessment shall be in the
m~n~er to be determined by the board of county comm1s~10ners by resolution. Assessments in any utility local improvement district may be made on the basis of
special benefits up to but not in excess of the total cost
of any sewerage and/or water improvement. In utility
~ocal. improvement districts, assessments shall be deposited mto the rev~nue bond fund or general obligation
bond fund established for the payment of bonds issued
to pay such costs which bond payments are secured in
part by the pledge of assessments. [ 1975 l st ex.s. c 188 §
5; 1971 ex.s. c 96 § 9; 1967 c 72 § 22.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
Construction-Severability--1971 ex.s. c 96: See notes following RCW 36.94.010.
~6.94.310
Transfer of system from municipal corpoto county--Authorized. Subject to the provis10ns of .RCW 36.94.310 through 36.94.350 a municipal
corporation may transfer to the county within which all
r~tton
11975 RCW Supp--p 353)
36.94.310
Title 36:
of its territory lies. all or part of the property constituting its system of sewerage. system of water or combined
water and sewerage system, together with any of its
other real or personal property used or useful in connection with the operation. maintenance, repair. replacement. extension, or financing of that system, and
the county may acquire such property on such terms as
may be mutually agreed upon by the governing body of
the municipal corporation and the legislative authority
of the county, and approved by the superior court for
such county. [1975 lst ex.s. c 188 § 7.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.320 Transfer of system from municipal corporation to county--Assumption of indebtedness. In consideration of a transfer of property by a municipal
corporation to a county in the manner provided in
RCW 36.94.3 l 0 through 36.94.350, a county may assume and agree to pay or provide for the payment of all
or part of the indebtedness of a municipal corporation
including the payment and retirement of outstanding
general obligation and revenue bonds issued by a municipal corporation. Until the indebtedness of a municipal corporation thus assumed by a county has been
discharged, all property within the municipal corporation and the owners and occupants of that property,
shall continue to be liable for taxes, special assessments,
and other charges legally pledged to pay such indebtedness. The county may assume the obligation of causing the payment of such indebtedness, collecting such
taxes, assessments, and charges and observing and performing the other contractual obligations of the municipal corporation. The legislative authority of the county
may act in the same manner as the governing body of
the municipal corporation for the purpose of certifying
the amount of any property tax to be levied and collected therein, and may cause service and other charges
and assessments to be collected from such property or
owners or occupants thereof, enforce such collection
and perform all other acts necessary to insure performance of the contractual obligations of the municipal
corporation in the same manner and by the same means
as if the property of the municipal corporation had not
been acquired by the county.
When a county assumes the obligation of paying indebtedness of a municipal corporation and if property
taxes or assessments have been levied and service and
other charges have accrued for such purpose but have
not been collected by the municipal corporation prior
to such assumption, the same when collected shall belong and be paid to the county and be used by such
county so far as necessary for payment of the indebtedness of the municipal corporation existing and unpaid
on the date such county assumed that indebtedness.
Any funds received by the county which have been collected for the purpose of paying any bonded or other
indebtedness of the municipal corporation shall be used
for the purpose for which they were collected and for
no other purpose until such indebtedness has been paid
and retired or adequate provision has been made for
such payment and retirement. No transfer of property
as provided in *this amendatory act shall derogate from
(1975 RCW Supp---p 3541
Counties
the claims or rights of the creditors of the municipal
corporation or impair the ability of the municipal corporation to respond to its debts and obligations. [ 1975
1st ex.s. c 188 § 8.]
*Reviser's note: "this amendatory act" [1975 !st ex.s. c 188) consists
of RCW 36.94.310 through 36.94.360, 36.94.921, 57.06.140 through
57.06.170, and amendments to RCW 36.67.060, 36.94.140, 36.94.150,
36.94.210, 36.94.220, 39.44.020, and 57.12.020.
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.330 Transfer of system from municipal corporation to county--Transfer agreement. The governing
body of a municipal corporation proposing to transfer
all or part of its property to a county in the manner
provided by RCW 36.94.310 through 36.94.350 and the
legislative authority of a county proposing to accept
such property, and to assume if it so agrees any indebtedness of the municipal corporation in consideration of
such transfer, shall adopt resolutions or ordinances authorizing respectively the execution of a written agreement setting forth the terms and conditions upon which
they have agreed and finding the transfer and acquisition of property pursuant to such agreement to be in
the public interest and conducive to the public health,
safety, welfare, or convenience. Such written agreement
may include provisions, by way of description and not
by way of limitation, for the rights, powers, duties, and
obligations of such municipal corporation and county
with regard to the use and ownership of property, the
providing of services, the maintenance and operation of
facilities, the allocation of costs, the financing and construction of new facilities, the application and use of
assets, the disposition of liabilities and indebtedness, the
performance of contractual obligations, and any other
matters relating to the proposed transfer of property,
which may be preceded by an interim period of operation by the county of the property and facilities subsequently to be transferred to that county. The agreement
may provide for a period of time during which the municipal corporation may continue to exercise certain
rights, privileges, powers, and functions authorized to it
by law including the ability to promulgate rules and
regulations, to levy and collect special assessments,
rates, charges, service charges and connection fees, and
to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of improvements and to issue general obligation bonds or
revenue bonds in the manner provided by law, or the
agreement may provide for the exercise for a period of
time of all or some of such rights, privileges, powers,
and functions by the county. The agreement may provide that either party thereto may authorize, issue and
sell, in the manner provided by law, revenue bonds to
provide funds for new water or sewer improvements or
to refund or advance refund any water revenue, sewer
revenue or combined water and sewer revenue bonds
outstanding of either ru both such parties. The agreement may provide that either party thereto may authorize and issue, in the manner provided by law,
general obligation or revenue bonds of like amounts,
terms, conditions and covenants as the outstanding
bonds of either or both such parties and such new
Title 37
Digest of Title
bonds may be substituted or exchanged for such outstanding bonds to the extent permitted by law. [1975 I st
ex.s. c 188 § 9.]
Severability-1975 1st ex.s. c 188: See RCW 36.94.921.
dissolve the municipal corporation effective as of the
time of transfer of property or at such time thereafter as
the court may determine and establish. [ 1975 I st ex.s. c
188 § 11.]
Severability-1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.340 Transfer of system from municipal corporation to county--Petition for court approval of transfer--Heari ng--Decree. When a municipal
corporation and a county have entered into a written
agreement providing for the transfer to such county of
all or part of the property of such municipal corporation, proceedings may be initiated in the superior court
for that county by the filing of a petition to which there
shall be attached copies of the agreement of the parties
and of the resolutions of the governing body of the
municipal corporation and the legislative authority of
the county authorizing its execution. Such petition shall
ask that the court approve and direct the proposed
transfer of property, and any assumption of indebtedness agreed to in consideration thereof by the county,
after finding such transfer and acquisition of property
to be in the public interest and conducive to the public
health, safety, welfare, or convenience. Such petition
shall be signed by the members of the legislative authority of the county or chief administrative officer of
the municipal corporation and the chairman of the legislative authority of the county, respectively, upon authorization by the governing body of the municipal
corporation and the legislative authority of the county.
Within thirty days after the filing of the petition of
the parties with copies of their agreement and the resolutions authorizing its execution attached thereto, the
court shall by order fix a date for a hearing on the petition not less than twenty nor more than ninety days after the entry of such order which also shall prescribe the
form and manner of notice of such hearing to be given.
After considering the petition and such evidence as may
be presented at the hearing thereon, the court may determine by decree that the proposed transfer of property is in the public interest and conducive to the public
health, safety, welfare, or convenience, approve the
agreement of the parties and direct that such transfer be
accomplished in accordance with that agreement at the
time and in the manner prescribed by the court decree.
[1975 1st ex.s. c 188 § 10.]
Severability-1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.350 Transfer of system from municipal corporation to county--Dissolution of municipal corporation.
In the event the agreement of the parties provides for
the transfer to the county of all the property of the municipal corporation or all such property except bond redemption funds in the possession of the county
treasurer from which outstanding bonds of the municipal corporation are payable, and the agreement also
provides for the assumption and payment by the county
of all the indebtedness of the municipal corporation including the payment and retirement of all its outstanding bonds, and if the petition of the parties so requests,
the court in the decree approving and directing the
transfer of property, or in a subsequent decree, may
36.94.360 Transfer of system from municipal corporation to county--RCW 36.94.310 through 36.94.350
deemed alternative method. The provisions of RCW 36.94.310 through 36. 94.350 shall be deemed to provide an
alternative method for the doing of the things therein
authorized and shall not be construed as imposing any
additional conditions upon the exercise of any other
powers vested in municipal corporations or counties.
[1975 1st ex.s. c 188 § 12.]
Severability-1975 1st ex.s. c 188: See RCW 36.94.921.
36.94.921 Severability--1975 1st ex.s. c 188. If
any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision
to other persons or circumstances shall not be affected.
[1975 1st ex.s. c 188 § 13.]
Chapter 36.95
TELEVISION RECEPTION IMPROVEMENT
DISTRICTS
Sections
36.95.100
Tax levied-Maximum-Exemptions.
36.95.100 Tax levied--Maximum--Exemptions.
The tax provided for in RCW 36.95.090 and this section
shall not exceed twenty-five dollars per year per television set, and no person shall be taxed for more than
one television set, except that a motel or hotel or any
person owning in excess of five television sets shall pay
at a rate of one-fifth of the annual tax rate imposed for
each of the first five television sets and one-tenth of
such rate for each additional set thereafter. An owner of
a television set within the district shall be exempt from
paying any tax on such set under this chapter: (I) If either (a) his television set does not receive at leasra class
grade B contour signal retransmitted by the television
translator station or other similar device operated by
the district, as such class is defined under regulations of
the Federal Communications Commission as of August
9, 1971, or (b) he is currently subscribing to and receiving the services of a community antenna system
(CATV) to which his television set is connected; and (2)
if he filed a statement with the board claiming his
grounds for exemption. Space for such statement shall
be provided for in the tax notice which the treasurer
shall send to taxpayers in behalf of the district. [ 1975 c
11 § 1; 1971 ex.s. c 155 § 10.]
Title 37
FEDERAL AREAS AND JURISDICTION
11975 RCW Supp--p 355)
Title 37
Title 37:
Federal Areas and Jurisdiction
Chapters
37.08 Jurisdiction in special cases.
Chapter 37.08
JURISDICTION IN SPECIAL CASES
Sections
37 .08.280
Veterans hospitals.
37.08.280 Veterans hospitals. Upon the filing of an
appropriate notice thereof with the governor by the administrator of veterans affairs, an agency of the United
States of America, pursuant to the provisions of section
302 of Public Law 93-82 (87 Stat. 195; 38 U.S.C. Sec.
5007), the governor is hereby authorized and directed to
accept such legislative jurisdiction as is necessary to establish concurrent jurisdiction between the United
States and the state of Washington to all land comprising the veterans hospital located at Vancouver in Clark
county, Washington; the veterans administration hospital located at Walla Walla in Walla Walla county,
Washington, and the veterans administration hospital
located at American Lake in Pierce county,
Washington. The acquisition of such concurrent jurisdiction shall become effective upon filing the documents
signifying such acceptance in the office of the secretary
of state. [1975 1st ex.s. c 142 § l.]
Title 38
MILITIA AND MILITARY AFFAIRS
Ch"apters
38.20 Armories and rifle ranges.
38.52 Emergency services.
Chapter 38.20
ARMORIES AND RIFLE RANGES
civilian rifle club affiliated with the National Rifle Association of America shall be permitted to use the rifle
range in such armories at least one night each week under regulations prescribed by the adjutant general: Provided, also, That state owned armories shall be
available, at the discretion of the adjutant general, for
use for casual civic purposes, amateur and professional
sports and theatricals upon payment of fixed rental
charges and compliance with regulations of the state
military department: Provided, however, That children
attending primary and high schools shall have a preferential right to use said armories. The adjutant general
shall cause to be prepared a schedule of rental charges
for each state owned armory which may not be waived
except for activities of units of the organized militia,
and no state owned armory shall be rented for a term
longer than that which intervenes between regularly authorized formations of units of the organized militia using such armory. The revenue derived from armory
rentals shall be paid into the state general fund. On and
after July 1, 1977, the special fund known as the armory
fund is abolished and all moneys remaining in such
fund are hereby transferred to the state general fund.
[1975 1st ex.s. c 121 § I; 1973 1st ex.s. c 154 § 56; 1963
c 149 § I; 1949 c 125 § I; 1947 c 204 § l; 1943 c 130 §
93; Rem. Supp. 1949 § 8603-93. Prior: 1923 c 49 § 5;
1917 c 8 §I; 1909 c 134 § 97; 1907 c 55 § 11; 1903 c
115 §§ 19, 20.]
Effective date-1975 1st ex.s. c 121: "The effective date of this act
shall be July I, 1977." [1975 !st ex.s. c 121 § 2.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Special acts relating to armories: The following special or temporary
acts relating to particular armories are not codified herein:
( l) 1959 c 181; 1961 c 135; 1963 c 146, Seattle
(2) 1967 c 37, Prosser
(3) 1967 c 43, Centralia
(4) 1967 c 44, Chewelah
(5) 1967 c 214, Stevens County
(6) 1967 c 224, Tacoma and Pierce County
(7) 1967 c 226, Yakima
(8) 1969 ex.s. c 22, Kirkland.
Sections
38.20.010
Regulations governing armories.
38.20.010 Regulations governing armories. State
owned armories may be used for strictly military purposes: Provided, That one room may be set aside for
the exclusive use of bona fide veteran organizations
subject to the direction of the officer in charge thereof,
together with necessary furniture, heat, light and janitor
service, and the members of such veteran organizations
and their auxiliaries shall have access to said room and
the use thereof at all times: Provided, further, That any
bona fide veterans' organization may be permitted the
use of any state armory for athletic and social events at
such times as any such armory shall not be required for
the use of units of the organized militia, without the
payment of rent, but the adjutant general may require
such veterans' organization to pay the cost of heating,
lighting or other miscellaneous expenses incidental to
such use: Provided, also, The adjutant general may,
during an emergency, permit transient lodging of service personnel in armories: Provided further, That any
(1975 RCW Supp--p 356)
Chapter 38.52
EMERGENCY SERVICES
Sections
38.52.010
38.52.020
38.52.030
Definitions.
Declaration of policy and purpose.
Department of emergency services created--Director,
powers and duties--Communications coordinating
committee-State coordinator of search and rescue
op~rations-State program for emergency
assistance.
38.52.010 Definitions. As used in this chapter:
(1) "Emerg~ncy services" means the preparation for
and the carrymg out of all emergency functions, other
~han functi.ons for which the military forces are primarily responsible, to minimize and repair injury and damage, and to aid victims suffering from damage, resulting
from disasters caused by enemy attack, sabotage, or
other hostile action, or by fire, flood, storm, earthquake,
or other natural causes, and to provide support for
search and rescue operations for persons and property
Emergency Services
in distress. These functions include, without limitation,
fire fighting services, police services, medical and health
services, rescue, engineering, air raid warning services,
communications, radiological, chemical and other special weapons defense, evacuation of persons from
stricken areas, emergency welfare services, emergency
transportation, existing or properly assigned functions
of plant protection, temporary restoration of public
utility services and other functions related to civilian
protection, together with all other activities necessary or
incidental to the preparation and for carrying out of the
foregoing functions.
(2) "Local organization for emergency services''
means an organization created in accordance with the
provisions of this chapter by state or local authority to
perform local emergency services functions.
(3) "Mobile support unit" means an organization for
emergency services created in accordance with the provisions of this chapter by state or local authority to be
dispatched by the governor to supplement local organizations for emergency services in stricken areas.
(4) "Political subdivision" means any county, city or
town.
(5) "Emergency services worker" means any person
who is registered with a state or local emergency services organization and holds an identification card issued
by the state or local emergency services director for the
purpose of engaging in authorized emergency services
or is an employee of the state of Washington or any
political subdivision thereof who is called upon to perform emergency services.
(6) "Injury" as used in this chapter shall mean and
include accidental injuries and/or occupational diseases
arising out of emergency services.
(7) "Disaster" as used in this chapter shall mean
events, arising out of either enemy attack, sabotage, or
other hostile action, or natural causes, which reach such
a dimension or degree of destructiveness as to warrant
the governor declaring a state of emergency pursuant to
RCW 43.06.010. [1975 1st ex.s. c 113 § l; 1974 ex.s. c
171 § 4; 1967 c 203 § l; 1953 c 223 § 2; 1951c178 § 3.]
Executive head, executive heads, defined: RCW 38.52.070.
38.52.020 Declaration of policy and purpose. ( 1) Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or
other hostile action, or from fire, flood, storm, earthquake, or other natural causes, and in order to insure
that preparations of this state will be adequate to deal
with such disasters, to insure the administration of state
and federal programs providing disaster relief to individuals, and further to insure adequate support for
search and rescue operations, and generally to provide
for the common defense and to protect the public
peace, health, and safety, and to preserve the lives and
property of the people of the state, it is hereby found
and declared to be necessary:
(a) To create a state department of emergency services, and to authorize the creation of local organizations
for emergency services in the political subdivisions of
the state;
38.52.030
(b) To confer upon the governor and upon the executive heads of the political subdivisions of the state the
emergency powers provided herein;
(c) To provide for the rendering of mutual aid among
the political subdivisions of the state and with other
states and to cooperate with the federal government
with respect to the carrying out of emergency services
functions; and
(d) To provide a means of compensating emergency
services workers who may suffer any injury as herein
defined as a result of participation in emergency
services.
(2) It is further declared to be the purpose of this
chapter and the policy of the state that all emergency
services functions of this state and its political subdivisions be coordinated to the maximum extent with the
comparable functions of the federal government including its various departments and agencies of other states
and localities, and of private agencies of every type, to
the end that the most effective preparation and use may
be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.
[1975 1st ex.s. c 113 § 2; 1974 ex.s. c 171 § 5; 1967 c 203
§ 2; 1953 c 223 § l; 1951 c 178 § 2.]
38.52.030 Department of emergency services created--Director, powers and duties-Communications coordinating committee-State coordinator of
search and rescue operations--State program for
emergency assistance. (1) There is hereby created within
the executive branch of the state government a department of emergency services and a director of emergency
services (hereinafter called the director) who shall be
the head thereof. The director shall be appointed by the
governor with the advice and consent of the senate; the
director shall not hold any other state office; the director shall hold office during the pleasure of the governor,
and shall be compensated at the rate established by the
governor's advisory committee on salaries and wages.
(2) The director may employ such technical, clerical,
stenographic, and other personnel and may make such
expenditures. within the appropriation therefor, or from
other funds made available for purposes of emergency
services, as may be necessary to carry out the purposes
of this chapter.
(3) The director and other personnel of the department shall be provided with appropriate office space,
furniture, equipment, supplies, stationery, and printing
in the same manner as provided for personnel of other
state agencies.
(4) The director, subject to the direction and control
of the governor, shall be the executive head of the department and shall be responsible to the governor for
carrying out the program for emergency services of this
state. The director shall coordinate the activities of all
organizations for emergency services within the state,
and shall maintain liaison with and cooperate with
emergency services agencies and organizations of other
states and of the federal government, and shall have
such additional authority, duties, and responsibilities
authorized by this chapter, as may be prescribed by the
governor.
(1975 RCW Supp--p 3571
Title 38:
38.52.030
Militia and Military Affairs
(5) T~e director shall appoint
o~dmatmg committee consisting
a communications coof six persons with the
duector as chairman thereof. Three of the members
shall be appointed from qualified, trained and experienced telephone communications administrators or engineers actively engaged in such work within the state
of Washington at the time of appointment, and three of
the memb~rs shall be appointed from qualified, trained
and experienced radio communication administrators
or engineers actively engaged in such work within the
state ~f Washington at the time of appointment. This
committee shall be given full and complete authority
over .all plans for the direction and control of any communications facilities or functions to be operated or
controlled under the provisions of this chapter by the
department of emergency services, except supplemental
emergency communications facilities under the direction of any local organization for emergency services.
(6) The director shall appoint a state coordinator of
search and rescue operations, who shall coordinate
those state resources, services and facilities (other than
those for which the state director of aeronautics is directly responsible) requested by political subdivisions in
support of search and rescue operations, and who shall
on request maintain liaison with and coordinate the resources, services, and facilities of political subdivisions
';V~en more than one political subdivision is engaged in
JOint search and rescue operations.
(7) The director, subject to the direction and control
of the governor, shall prepare and administer a state
program for emergency assistance to individuals within
the state who are victims of a disaster caused by enemy
attack, sabotage, or other hostile action, or by fire,
flood, storms, earthquake, or other natural causes. Such
program may be integrated into and coordinated with
disaster assistance plans and programs of the federal
government which provide to the state, or through the
state to any political subdivision thereof, services,
equipment, supplies, materials, or funds by way of gift,
grant, or loan for purposes of assistance to individuals
affected by a disaster. Further, such program may include, ~mt shall not be limited to, grants, loans, or gifts
of services, equipment, supplies, materials, or funds of
the state, or any political subdivision thereof, to individuals who, as a result of a disaster, are in need of assistance and who meet standards of eligibility for
disaster assistance established by the department of social and health services: Provided, however, That nothing herein shall be construed in any manner
inconsistent with the provisions of Article VIII, section
5 or section 7 of the Washington state Constitution.
[1975 1st ex.s. c 113 § 3; 1973 1st ex.s. c 154 § 58; 1967
c 203 § 3; 1951 c 178 § 4.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Title 39
PUBLIC CONTRACTS AND
INDEBTEDNESS
(1975 RCW Supp--p 358)
Chapters
39.04 Public works.
39.08 Contractor's bond.
39.23 Purchase of products and services of sheltered
workshops, DSHS programs.
39.34 Interlocal cooperation act.
39.35 Energy conservation in design of public facilities.
39.44 Bonds--Form, terms of sale, payment, etc.
39.56 Warrants.
39.58 Public funds--Deposits and investments-Public depositaries.
Chapter 39.04
PUBLIC WORKS
Sections
39.04.020
Plans and specifications-Estimates-Publication-Emergencies:
Plans and specifications-Estimates-Whenever the state, or any
mumc1pahty shall determme that any public work is
nece.ssary to be done it shall cause plans and/or specifications thereof and an estimate of the cost of such
work to be made and filed in the office of the director
~upervisor, commissioner, trustee, board or agency hav~
mg by law the authority to require such work to be
done.
. .If the state, or such municipality shall determine that
1t is necessary or advisable that such work shall be execute~ by any means or method other than by contract,
and 1t shall appear by such estimate that the probable
cost of executing such work will exceed the sum of
twenty-five hundred dollars, then the state or such municipality shall at ~east fifteen days before beginning
work cause such estimate, together with a description of
the work, to be published at least once in a legal newspap~r of general circulation published in or as near as
possible to that part of the county in which such work
1s to be ~one: Pi;-ovide~, That when any emergency
shall reqmre the 1mmed1ate execution of such public
work, upon a fin~ing of. the existence of such emergency by the authority havmg power to direct such public
~ork to be d.on~ and duly. entered of record, publicat10n of description and estimate may be made within
seven days after the commencement of the work. [ 1975
1st ex.s. c 230 § 2; 1967 c 70 § I; 1923 c 183 § 2; RRS §
10322-2. Formerly RCW 39.04.020 and 39.04.030.]
39.04.020
Publ~c~tio~--Emergenci~s.
Chapter 39.08
CONTRACTOR'S BOND
Sections
39.08.010
Bond required-Conditions-Retention of contract
amount in lieu of bond.
. 39.08.010 Bond required--Conditions--Retent1on of contr~ct amom_it ~n lieu of bond. Whenever any
board, council, comm1ss10n, trustees or body acting for
the state or any coun~y or municipality or any public
body shall contract with any person or corporation to
do any wo.rk for the. state, county ?r municipality, or
other pubhc body, city, town or district, such board,
Public Facilities Design--Energy Conservation
council, commission, trustees or body shall require the
person or persons with whom such contract is made to
make, execute and deliver to such board, council, commission, trustees or body a good and sufficient bond,
with two or more sureties, or with a surety company as
surety, conditioned that such person or persons shall
faithfully perform all the provisions of such contract
and pay all laborers, mechanics and subcontractors and
materialmen, and all persons who shall supply such
person or persons, or subcontractors, with provisions
and supplies for the carrying on of such work, which
bond shall be filed with the county auditor of the county where such work is performed or improvement made,
except in cases of cities and towns, in which cases such
bond shall be filed with the clerk or comptroller thereof,
and any person or persons performing such services or
furnishing material to any subcontractor shall have the
same right under the provisions of such bond as if such
work, services or material was furnished to the original
contractor: Provided, however, That the provisions of
RCW 39.08.010 through 39.08.030 shall not apply to
any money loaned or advanced to any such contractor,
subcontractor or other person in the performance of
any such work: Provided further, That on contracts of
two thousand dollars or less, the respective public entity
may, in lieu of the bond, retain one hundred percent of
the contract amount for a period of thirty days after
date of final acceptance, or until receipt of all necessary
releases from the department of revenue and the department of labor and industries. [1975 lst ex.s. c 278 §
23; 1967 c 70 § 2; 1915 c 28 § I; 1909 c 207 § I; RRS §
1159. Prior: 1897 c 44 § I; 1888 p 15 § I.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Liens for labor, material, taxes on public works-Reserve fund required: RCW 60.28.010.
State highway construction and maintenance, bond and surety requirements: Chapter 47.28 RCW.
Chapter 39.23
PURCHASE OF PRODUCTS AND SERVICES OF
SHELTERED WORKSHOPS, DSHS PROGRAMS
Sections
39.23.005
39.23.010
39.23.020
Declaration of intent.
Definitions.
Products and/or services, purchase of-Authorization-Determining fair market price.
39.35.010
training centers defined in RCW 72.33.800 and "municipality" shall have the meaning ascribed to it by RCW
39.04.010. [1975 c 20 § 2.]
39.23.020 Products and/or services, purchase of-Authorization--Determining fair market price. M unicipalities are hereby authorized to purchase products
and/or services manufactured or provided by sheltered
workshops and programs of the department of social
and health services. Such purchases shall be at the fair
market price of such products and services as determined by a municipality. To determine the fair market
price a municipality shall use the last comparable bid
on the products and/or services or in the alternative the
last price paid for the products and/or services. Upon
the establishment of the fair market price as provided
for in this section a municipality is hereby empowered
to negotiate directly with sheltered workshops or officials in charge of the programs of the department of
social and health services for the purchase of the products or services. [1975 c 20 § 3.]
Chapter 39.34
INTERLOCAL COOPERATION ACT
Sections
39.34.020
Definitions.
39.34.020 Definitions. For the purposes of this
chapter, the term "public agency" shall mean any city,
town, county, public utility district, irrigation district,
port district, fire protection district, school district, air
pollution control authority, rural county library districts, intercounty rural library districts, public hospital
districts, regional planning agency created by any combination of county and city governments, health department or district, weed control district, county
transit authority, Indian tribe recognized as such by the
federal government, or metropolitan municipal corporation of this state; any agency of the state government
or of the United States; and any political subdivision of
another state.
The term "state" shall mean a state of the United
States. [1975 1st ex.s. c 115 §I; 1973 c 34 §I; 1971c33
§I; 1969 c 88 §I; 1969 c 40 §I; 1967 c 239 § 3.]
Chapter 39.35
ENERGY CONSERVATION IN DESIGN OF
PUBLIC FACILITIES
39.23.005 Declaration of intent. It is the intent of the
legislature to encourage municipalities to purchase products and/or services manufactured or provided by
sheltered workshops and programs of the department of
social and health services which operate facilities serving the handicapped and disadvantaged. [1975 c 20 § I.]
Sections
39.35.010
39.35.020
39.35.030
39.35.040
39.35.900
39.23.010 Definitions. As used in RCW 39.23.005
and 39.23.020 the term "sheltered workshops" shall
have the meaning ascribed to it by RCW 82.04.385 and
"programs of the department of social and health services" shall mean the group training homes and day
39.35.010 Legislative finding. The legislature hereby
finds:
(I) That major publicly owned or leased facilities
have a significant impact on our state's consumption of
energy;
Legislative finding.
Legislative declaration.
Definitions.
Facility design to include life-cycle cost analysis.
Severability-1975 !st ex.s. c 177.
(1975 RCW Supp--p 359)
39.35.010
Title 39:
Public Contracts and Indebtedness
(2) That energy conservation practices adopted for
the design, construction. and utilization of such facilities will ha\'e a beneficial effect on our overall supply of
energy:
(3) That the cost of the energy consumed by such facilities over the life of the facilities shall be considered
in addition to the initial cost of constructing such facilities; and
(4) That the cost of energy is significant and major
facility designs shall be based on the total life-cycle
cost, including the initial construction cost, and the
cost, over the economic life of a major facility, of the
energy consumed, and of the operation and maintenance of a major facility as they affect energy consumption. [1975 1st ex.s. c 177 § I.]
39.35.020 Legislative declaration. The legislature declares that it is the public policy of this state to insure
that energy conservation practices are employed in the
design of major publicly owned or leased facilities. To
this end the legislature authorizes and directs that public agencies analyze the cost of energy consumption of
each major facility to be planned and constructed or
renovated after September 8, 1975. [ 1975 I st ex.s. c 177
§ 2.]
39.35.030 Definitions. For the purposes of this
chapter the following words and phrases shall have the
following meanings unless the context clearly requires
otherwise:
( l) "Public agency" means every state office, officer,
board, commission, committee, bureau, department,
and all political subdivisions of the state.
(2) "Major facility" means any publicly owned or
leased building having twenty-five thousand square feet
or more of usable floor space.
(3) "Initial cost" means the moneys required for the
capital construction or renovation of a major facility.
(4) "Renovation" means additions, alterations, or repairs within any twelve month period which exceed fifty
percent of the value of a major facility and which will
affect any energy system.
(5) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term
of years.
(6) "Life-cycle cost" means the cost of a major facility including its initial cost, the cost of the energy consumed over its economic life, and the energy
consumption related cost of its operation and
maintenance.
(7) "Life-cycle cost analysis" includes, but is not limited to, the following elements:
(a) The coordination and positioning of a major facility on its physical site;
(b) The amount and type of fenestration employed in
a major facility:
(c) The amount of insulation incorporated into the
design of a major facility;
(d) The variable occupancy and operating conditions
of a major facility; and
(e) An energy-consumption analysis of a major
facility.
f1975 RCW Supp----p 3601
(8) "Energy systems'' means all utilities, including,
but not limited to, heating, air-conditioning. ventilating.
lighting, and the supplying of domestic hot water.
(9) "Energy-consumption analysis'' means the evaluation of all energy systems and components by demand
and type of energy including the internal energy load
imposed on a major facility by its occupants, equipment. and components, and the external energy load
imposed on a major facility by the climatic conditions
of its location. An energy consumption analysis of the
operation of energy systems of a major facility shall include, but not be limited to, the following elements:
(a) The comparison of three or more system
alternatives;
(b) The simulation of each system over the entire
range of operation of such facility for a year's operating
period; and
(c) The evaluation of the energy consumption of
component equipment in each system considering the
operation of such components at other than full or rated outputs.
The energy-consumption analysis shall be prepared
by a professional engineer or licensed architect who
may use computers or such other methods as are capable of producing predictable results. [ 1975 1st ex.s. c
177 § 3.]
39.35.040 Facility design to include life-cycle cost
analysis. On and after September 8, 1975 whenever a
public agency determines that any major facility is to
be constructed or renovated such agency shall cause to
be included in the design phase of such construction or
renovation a provision that requires a life-cycle cost
analysis to be prepared for such facility. Such analysis
shall be approved by the agency prior to the commencement of actual construction or renovation. A
public agency may accept the facility design if the
agency is satisfied that the life-cycle cost analysis provides for an efficient energy system or systems based on
the economic life of the major facility. [ 1975 I st ex.s. c
177 § 4.]
39.35.900 Severability--1975 1st ex.s. c 177. If
any provision of this act, or its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances is not affected. [ 1975 1st ex.s. c
177 § 5.]
Chapter 39.44
BONDS-FORM, TERMS OF SALE, PAYMENT,
ETC.
Sections
39.44.020
Tax levy for interest and principal.
39.44.020 Tax levy for interest and principal. The officials now or hereafter charged by law with the duty of
levying taxes for the payment of said bonds and interest
shall, in the manner provided by law, make an annual
levy sufficient together with other moneys lawfully
available and pledged therefor to meet the payments of
Public Funds, Deposits And Investments
principal and interest on said bonds maturing as herein
provided. [1975 !st ex.s. c 188 § 6; 1965 ex.s. c 74 § 2;
1923 c 151 § 2; RRS § 5583-2.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
Chapter 39.56
WARRANTS
Sections
39.56.040
Cancellation of municipal warrants.
39.56.040 Cancellation of municipal warrants. Registered or interest bearing warrants of any municipal corporation not presented within one year of the date of
their call, or other warrants not presented within one
year of their issue, shall be canceled by passage of a
resolution of the governing body of the municipal corporation, and upon notice of the passage of such resolution the auditor of the municipal corporation and the
treasurer of the municipal corporation shall transfer all
records of such warrants so as to leave the funds as if
such warrants had never been drawn. [1975 1st ex.s. c
131 §I.]
Chapter 39.58
PUBLIC FUNDS-DEPOSITS AND
INVESTMENTS-PUBLIC DEPOSITARIES
Sections
39.58.010
39.58.040
39.58.050
39.58.103
39.58.105
39.58.108
Definitions.
General powers of commission.
Collateral for deposits-Segregation-Eligible
securities.
Notice to commission of reduced capital, surplus, and
profits.
Investigation of bank applying to become public depositary-Report.
Newly chartered banks-Requirements to become
qualified depositary.
39.58.010 Definitions. In this chapter, unless the
context otherwise requires:
(1) "Public deposit" means moneys of the state or of
any county, city or town, or other political subdivision
of the state or any commission, committee, board or
officer thereof or any court of the state deposited in any
qualified public depositary, including moneys held as
trustee, agent, or bailee by the state, any county, city or
town, or other political subdivision of the state, or any
commission, committee, board or office thereof or any
court of the state, when deposited in any qualified public depositary;
(2) "Qualified public depositary" means a state bank
or trust company, national banking association, or any
branch of a bank engaged in the banking business in
this state in accordance with RCW 30.04.300 which is
located in this state and which receives or holds public
deposits and segregates eligible collateral for public deposits as described in RCW 39.58.050 as now or hereafter amended;
(3) "Loss" means issuance of an order of supervisory
authority restraining a qualified public depositary from
making payments of deposit liabilities or the appointment of a receiver for a qualified public depositary;
39.58.040
(4) "Commission" means the Washington public deposit protection commission created under RCW
39.58.030;
(5) "Eligible collateral" means collateral which is eligible as security for public deposits pursuant to applicable state law;
(6) The "maximum liability'' of a qualified public depositary means a sum equal to five percent of (a) all
public deposits held by the qualified public depositary
on the then most recent call report date, or (b) the average of the balances of said public deposits on the last
four immediately preceding reports required pursuant
to RCW 39.58.100, whichever amount is greater, less
any assessments made under this chapter;
(7) "Public funds available for investment" means
such public funds as are in excess of the anticipated
cash needs throughout the duration of the contemplated
investment period;
(8) "Investment deposits'' means bank time deposits
and savings deposits of public funds available for
investment;
(9) "Treasurer" shall mean the state treasurer, a
county treasurer, a city treasurer, a treasurer of any
other municipal corporation, and the custodian of any
other public funds. [ 1975 I st ex.s. c 77 § I; 1973 c 126 §
9; 1969 ex.s. c 193 § I.]
Reviser's note: Throughout chapter 39.58 RCW the phrase "this
1969 amendatory act" has been changed to "this chapter". "This 1969
amendatory act" [1969 ex.s. c 193) consists of chapter 39.58 RCW, the
amendments by 1969 ex.s. c 193 to RCW 35.38.010--35.38.040, 36.29.020, 36.48.010, 36.48.020, 43.85.010, 43.85.030, 43.85.040, 43.85.060,
43.85.070, 43.85.150, 43.85.170, 43.85.190, and to the repeal of RCW
35.38.070--35.38.110, 36.48.030, 36.48.100--36.48.150, 43.85.050, and
43.85.080--43.85.120.
Severability--1969 ex.s. c 193: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of this act, or the application of the provision to other persons or
circumstances is not affected." [1969 ex.s. c 193 § 32.)
Construction--1969 ex.s. c 193: "Nothing in this act shall be
construed so as to impair the obligation of any contract or agreement
entered into prior to its effective date." [1969 ex.s. c 193 § 33.)
The foregoing annotations apply to this chapter, the amendments
by 1969 ex.s. c 193 to RCW 35.38.010--35.38.040, 36.29.020, 36.48.010,
36.48.020, 43.85.010, 43.85.030, 43.85.040, 43.85.060, 43.85.070, 43.85.150, 43.85.170, 43.85.190, and to the repeal of RCW 35.38.070--35.38. l JO, 36.48.030, 36.48.100--36.48.150, 43.85.050, and 43.85.080-43.85.120.
City depositaries: Chapter 35.38 RCW.
County depositaries: Chapter 36.48 RCW.
State depositaries: Chapter 43.85 RCW.
39.58.040 General powers of commission. The commission shall have power (1) to make and enforce regulations necessary and proper to the full and complete
performance of its functions under this chapter; (2) to
require any qualified public depositary to furnish such
information dealing with public deposits and the exact
status of its capital, surplus, and undivided profits as
the commission shall request. Any public depositary
which refuses or neglects to give promptly and accurately or to allow verification of any information so requested shall no longer be a qualified public depositary
and shall be excluded from the right to receive or hold
public deposits until such time as the commission shall
[1975 RCW Supp--p 361)
39.58.040
Title 39:
Public Contracts and Indebtedness
acknowledge that such depositary has furnished the information requested; (3) to take such action as it deems
best for the protection, collection, compromise or settlement of any claim arising in case of loss; (4) to prescribe regulations, subject to this chapter, fixing the
requirements for qualification of banks as public depositaries, and fixing other terms and conditions consistent
with this chapter, under which public deposits may be
received and held; (5) to fix the official date on which
any loss shall be deemed to have occurred taking into
consideration the orders, rules and regulations of supervisory authority as they affect the failure or inability of
a qualified public depositary to repay public deposits in
full; (6) in case loss occurs in more than one qualified
public depositary, to determine the allocation and time
of payment of any sums due to public depositors under
this chapter. [ 1975 I st ex.s. c 77 § 2; 1969 ex.s. c 193 §
4.]
39.58.050 Collateral for deposits--Segregation-Eligible securities. (I) Every qualified public depositary
shall at all times maintain, segregated from its other assets, eligible collateral in the form of securities enumerated in this section having a value at least equal to its
maximum liability under this chapter. Such collateral
may be segregated by deposit in the trust department of
the depositary or in such other manner as the commission approves and shall be clearly designated as security
for the benefit of public depositors under this chapter.
(2) Securities eligible as collateral shall be valued at
face value or market value as determined by the commission. (3) The depositary shall have the right to make
substitutions of such collateral at any time. (4) The income from the securities which have been segregated as
collateral shall belong to the depositary bank without
restriction.
Each of the following enumerated classes of securities, providing there has been no default in the payment
of principal or interest thereon, shall be eligible to
qualify as collateral:
(a) Bonds, notes, or other securities constituting direct and general obligations of the United States or the
bonds. notes, or other securities constituting the direct
and general obligation of any instrumentality of the
United States, the interest and principal of which is unconditionally guaranteed by the United States;
(b) (i) Direct and general obligation bonds and warrants of the state of Washington or of any other state of
the United States;
(ii) Revenue bonds of this state or any authority,
board, commission, committee, or similar agency
thereof;
(c) Direct and general obligation bonds and warrants
of any city. town, county, school district, port district,
or other political subdivision of the state, having the
power to levy general taxes, which are payable from
general ad valorem taxes;
(d) Bonds issued by public utility districts as authorized under the provisions of Title 54 RCW, as now or
hereafter amended;
(e) Bonds of any city of the state of Washington for
the payment of which the entire revenues of the city's
(1975 RCW Supp---p 362)
water system, power and light system, or both. less
maintenance and operating costs, are irrevocably
pledged, even though such bonds are not general obligations of such city;
(f) In addition to the securities enumerated in subsections (a) through (e) of this section, every public depositary may also segregate such bonds, securities and
other obligations as ar~ designated to be authorized security for all public deposits pursuant to RCW 35.58.510, 35.8l.l10, 35.82.220, 39.60.030, 39.60.040 and
54.24.120, as now or hereafter amended.
The commission may at any time or times declare
any particular security as ineligible to qualify as collateral when in the commission's judgment it is deemed
desirable to do so. [ 1975 I st ex.s. c 77 § 3; 1973 c 126 §
I I; 1969 ex.s. c 193 § 5.]
39.58.103 Notice to commission of reduced capital,
surplus, and profits. Each public depositary shall within
five working days of the event notify the commission in
writing when the aggregate of the capital, surplus, and
undivided profits of such depositary has been reduced
by an amount equal to or greater than ten percent of
the amount shown as the capital accounts on the last
report submitted to the commission as required by
RCW 39.58.100. [1975 1st ex.s. c 77 § 4.]
39.58.105 Investigation of bank applying to become
public depositary--Report. The commission may require the state auditor or the supervisor of banking to
thoroughly investigate and report to it concerning the
condition of any bank which makes application to become a qualified public depositary, and may also as
often as it deems necessary require such investigation
and report concerning the condition of any bank which
has been designated as such depositary. The expense of
any of the foregoing investigations or reports shall be
borne by the depositary examined. In lieu of such investigation or report, the commission may rely upon information made available to it or the supervisor of
banking by the office of the comptroller of the currency,
the federal deposit insurance corporation, or the federal
reserve board.
The supervisor of banking shall in addition advise the
commission of any action the supervisor has directed
any qualified public depositary to take which would result in a reduction, equal to or greater than ten percent,
of the aggregate of the capital, surplus, and undivided
profits of such depositary. [1975 lst ex.s. c 77 § 5.]
39.58.108 Newly chartered banks--Requirements
to become qualified depositary. Newly chartered banks
in the state of Washington may become qualified depositaries upon approval by the commission and segregation of collateral in the manner as set forth in this
chapter, and upon compliance with all rules as promulgated by the commission. Until such time as newly
chartered depositaries have submitted four consecutive
reports to the commission as required by RCW 39.58.l 00, they shall at all times pledge and segregate eligible
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